City of Greenwood, MO Article III Supplementary District Regulations [1]

[1] Editor's Note: The title of this Article III has been changed by Ord. No. 2009-02-23-01 § 5, adopted 2-23-2009.

Section 400.190 (Reserved) [1]

[1] Editor's Note: Ord. No. 2006-02-13-01 § 3, adopted February 13, 2006, repealed section 400.190 "protective buffer and screen requirements" in its entirety. Former section 400.190 derived from Ord. No. 6.001 § XVI art. IV, 9-10-1979; Ord. No. 2003-02-10-02 § 1, 2-10-2003. At the editor's discretion, this Section has been reserved for the city's future use.

Section 400.200 Additional Controls.

[Ord. No. 6.001 § XVII Art. IV, 9-10-1979]

Any uses permitted in Districts "C-O", "C-B", "C-1", "C-2", "M-1" or "M-2" shall be subject to such controls as may be imposed by the Board of Aldermen if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare or heat, perceptible at the property lines. With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises.

Section 400.205 Medical Marijuana.

[Ord. No. 2019-2966, 7-23-2019]

A. No medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility shall be constructed, altered, or used without complying with the following regulations:

1. No new medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility shall be initially sited within one thousand (1,000) feet of any then-existing school, child day-care center, or church.

2. As used in this Section, the following terms shall have the meanings indicated:

CHILD DAY-CARE CENTER

A child-care program conducted in a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.

CHURCH

A permanent building primarily and regularly used as a place of religious worship.

SCHOOL

Any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.

THEN-EXISTING

Any school, child day-care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility first applies for either zoning or a building permit, whichever comes first.

3. Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility, all marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.

4. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility.

5. Hours Of Operation. All marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M.

6. Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.

7. A medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility shall be entirely within an enclosed building.

8. Ventilation Required. All marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

Section 400.210 Special Use Permit.

[Ord. No. 6.001A § XVIII Art. IV, 9-10-1979; Ord. No. 6.001A § XVIII (B-43, C) Art. IV, 4-2-1984; Ord. No.98-03-02-02 § 1, 3-2-1998; Ord. No. 2004-12-13-03 § 1, 12-13-2004; Ord. No. 2006-10-23-03 §§ 2 — 4, 10-23-2006; Ord. No. 2008-10-14-03 §§ 2 —4, 10-14-2008; Ord. No. 2009-02-23-01 § 6, 2-23-2009; Ord. No. 2010-10-12-04 § 1, 10-12-2010; Ord. No. 2019-2975, 10-22-2019]

A. The following uses may be located in an authorized zoning district by special permission of the Board of Aldermen after a public hearing before the Planning Commission and recommendation to the Board of Aldermen. A special use permit may be authorized by the Board of Aldermen if, in their judgment, such use will not negatively impact the use or value of neighboring property and will conform to the general intent and purpose of this Chapter. Except as otherwise provided herein, a special use permit may be issued for a period of one (1) years to ten (10) years, non-transferable but renewable by the Board of Aldermen upon expiration; subject to the rules and restrictions prescribed by the Board of Aldermen upon its issue.

[Ord. No. 2020-3001, 9-22-2020]

Table 400.210-1, Zoning District Authorization for Special Use Permits
Special Use Permit	Zoning District
	"A"	"R-1"	"C-O"	"C-B"	"C-1"	"C-2"	"C-P"	"PUD"	"M-1"	"M-2"
Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or fairgrounds
Automobile retail sales new and used
Automobile wrecking yards
Aviation fields, airports and heliports
Bed and breakfast establish- ments
Cemeteries, mausoleums or crematories
Clubs, private, primary activities of which are athletic or recreational, provided the area shall be at least ten (10) acres and no building shall be closer than one hundred (100) feet from any property line.
Community sewage or garbage processing or disposal plants.
Day care center for ten (10) or more unrelated children
Drive-in theaters
Equipment yards for storage purposes, exclusive of retail sales
Explosive manufacture and storage
Fertilizer manufacture and storage
Garden centers, nurseries and greenhouses, retail
Golf driving ranges, commercial or illuminated
Golf courses, miniature
Group facility — outpatient*
Group facility — residential*
Group home*
Group quarters*
Gun clubs, skeet shoots or target archery ranges
Hides and skins (storage, curing or tanning)
Hospitals and homes for the convales- cents/aged*
Junk yards, enclosed with a solid fence or wall at least eight (8) feet high
Meat or fish packing or storage plants
Meat processing
Mines*
Penal or correctional institutions
Picnic groves and fishing or swimming lakes, including motor and incidental concession facilities for patrons only
Radio, television, cell and microwave towers
Reservoirs, wells, towers, filter beds or water supply plants
Radio and television stations
Sanitary landfills
Short-term loan and pawnshop services*
Signs, in excess of the limits provided for under a specific zoning
Swimming pools (commercial)
Trailer courts
Wholesale storage of gasoline, butane or propane
Any other use approved by the Board of Aldermen

Note: The	"	"	symbol means that the listed use is authorized in the checked zoning district box if a special use permit is granted pursuant to Section 400.210.
The absence of a	"	"	symbol means that the land use is not eligible for a special use permit.

*	Additional definitions and restrictions apply; see the paragraphs which follow.

B. A special use permit for a mine, if authorized by the Board of Aldermen, shall be for a limited period of time not to exceed thirty (30) years. Special use permits issued pursuant to this Section 400.210(B) are transferable upon the written consent of the City. Failure by the special use permit holder to comply with all of the terms and conditions of the special use permit may be cause for or show cause for a hearing to terminate the special use permit by the City upon receipt of thirty (30) days' written notice of default and failure to cure the default by the special use permit holder within thirty (30) days of receipt of the notice.

[Ord. No. 2020-3001, 9-22-2020]

C. "Group facility — outpatient" means a building or structure used as an outpatient facility for the treatment of alcohol or other drug abuse.

D. "Group facility — residential" means a building or structure used as a residential facility for the treatment of alcohol or other drug abuse and shall be subject to the following conditions and restrictions:

1. That the maximum number of persons in a group facility — residential shall not exceed ten (10) individuals and two (2) resident staff members.

2. That the group facility — residential shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.

3. That the property shall have a minimum lot size area of ten thousand (10,000) square feet.

4. That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use, when the group facility — residential is located in a residential neighborhood.

5. That the group facility — residential shall not be used as a residence for current substance abusers or ex-offenders. For purposes of this Section, the term "ex-offenders" includes sex offenders, juvenile offenders, persons serving a sentence, persons on parole from a detention facility, and persons who are coming directly out of a facility of incarceration for crimes committed.

6. That at the time of original approval no group facility — residential shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day care home; provided however, that the Board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track or other comparable man-made or natural barrier.

7. That the residential character of the structure shall be maintained, when the group facility — residential is located in a residential neighborhood.

8. That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed group facility — residential and such facility will maintain the character of the neighborhood.

9. That the permit shall be limited to a two-year period but may be renewed by the Board of Aldermen after a public hearing; provided that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet and the facility has been maintained in accordance with the acceptable community standards.

[Ord. No. 2017-2935 § 1, 10-24-2017]

E. "Group home" means any home in which eight (8) or fewer unrelated mentally retarded or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. The term "dwelling, one-family" as defined in Section 400.060: Definitions, shall include a group home.

1. The applicant shall submit as a part of the application the plans for the proposed facility giving the type of services to be rendered, the number of persons to be placed in the facility, the number of staff to be employed and other information that will determine the extent of services to be provided.

2. A letter from the Cass or Jackson County Health Department Director (as applicable) shall be submitted by the applicant giving the current status of the applicant's license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin operation.

3. The following requirements shall be provided for and sufficient information submitted by the applicant to assure they are being met:

a. Off-street parking at a rate of one (1) space per employee plus two (2) additional spaces for guests.

b. Adequate potable water supply sufficient for both domestic use and fire protection service.

F. "Group quarters" means a building or structure used as a place of residence by five (5) or more unrelated persons who share the living accommodations and do not occupy separate dwelling units, such as those found in institutions, dormitories, rooming and boarding houses, lodges, sorority and fraternity houses and similar establishments.

G. Hospitals and homes for the convalescents or aged, subject to such health and sanitation requirements as may be imposed by the Board of Aldermen or the health authorities of the City or State, and provided there shall be at least three hundred (300) square feet of lot area for each patient or guest, with a minimum of twenty thousand (20,000) square feet.

H. Mines, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; concrete batching plants, asphalt plants and related industries; provided however, that no permit shall be issued until the location site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Board of Aldermen. The special use permit shall be issued for a limited period of time not to exceed thirty (30) years, subject to regulations and restrictions prescribed by the Board of Aldermen.

[Ord. No. 2020-3001, 9-22-2020]

I. Short-Term Loan And Pawnshop Services.

1. Separation From Other Uses. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within two hundred (200) feet of any "R-1" zoned lot or within two thousand (2,000) feet of any school (elementary, middle or high) use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest lot line of the lot that is zoned "R-1" or that contains a school (elementary, middle or high) use.

2. Separation From Other Short-Term Loan Services And Pawnshops. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within two hundred (200) feet of any other short-term loan service or pawnshop use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest lot line of the lot that contains the other short-term loan service or pawnshop.

3. Separation From City Limits. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of the City of Greenwood boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest City limits boundary line.

4. Limitation On Number. Not more than one (1) special use permit for a short-term loan service or pawnshop shall be issued per each increment of three thousand seven hundred fifty (3,750) persons that make up the population of the City of Greenwood. This limitation shall be measured to allow the first special use permit for a short-term loan service or pawnshop to be issued after the City exceeds three thousand seven hundred fifty (3,750) persons, and each additional special use permit for a short-term loan service or pawnshop may only be issued when the City exceeds the next respective three thousand seven hundred fifty (3,750) person increment. The population of the City, for the purpose of this Section, shall be determined by the most recent decennial census of the United States.

5. Special Use Permit. Short-term loan service and pawnshop establishments shall not be permitted without a special use permit pursuant to Section 400.210.

J. If any Section, Subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof.

K. Fees. Fee for special use permit shall be as set forth in Section 400.300 Amendments.

L. Filing Requirements. Filing requirements shall be as set forth in Section 400.300 Amendments.

Section 400.220 Setback Regulations.

[Ord. No. 6.001 § XIX Art. IV, 9-10-1979; Ord. No. 98-06-15-01 § 1, 6-29-1998; Ord. No. 2002-02-23-01 § 7, 2-23-2009]

A. In all districts conforming structures or land uses hereafter permitted where access is sought adjacent to U.S. Highway 150, plot plans submitted with building permit applications shall show compliance with the following requirements or construction shall not be allowed:

1. The minimum building line off of U.S. Highway 150 shall be seventy-five (75) feet from the edge of pavement. Where service road facilities on controlled or limited access pavements are involved, a minimum setback distance of ninety-five (95) feet from the centerline of the service road pavement shall be maintained.

2. All pumps and pump islands erected in connection with filling stations or business incidental thereto, including auto and machinery displays and all other uses of a temporary, movable nature, on any highway as recited above shall be set back at least sixty (60) feet from the nearest edge of the highway or from the centerline of a service road.

3. No sign other than an official traffic sign or similar sign shall be erected within two (2) feet of the lines of any street or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the Director of Planning and Zoning.

[Ord. No. 2017-2935 § 1, 10-24-2017]

4. No building, use, signboard or other obstruction to visibility shall be located in such a manner as to be hazardous to highway traffic.

B. Plot plans and proposed usage shall show ample off-the-highway parking facilities for residents, employees or customers. Parking areas shall allow ample turnaround space so vehicles need not back out onto the highway property. All access and egress to the highway must be in compliance with Missouri Department of Transportation regulations.

[Ord. No. 2017-2935 § 1, 10-24-2017]

Section 400.230 Accessory Uses.

[Ord. No. 6.001 § XX Art. IV, 9-10-1979]

A. A private driveway or walk to provide access to premises in a District "C-O", "C-B", "C-1", "C-2", "M-1" or "M-2" shall not be permitted in a District "A", "R-1", "R-2", "R-3" or "R-3A".

B. Buildings or structures or uses which are accessory to the use permitted in one (1) district shall not be permitted in a district of a higher classification.

Section 400.240 Non-Conforming Buildings, Structures And Uses.

[Ord. No. 6.001 § XXI Art. IV, 9-10-1979; Ord. No. 5.100 Art. II, 9-14-1981; Ord. No. 2009-02-23-01 § 8, 2-23-2009]

A. General. Non-conformities are of three (3) types: non-conforming lots of record, non-conforming buildings and/or structures and non-conforming uses. A definition of each type is as follows:

NON-CONFORMING BUILDINGS OR STRUCTURES

An existing building or structure at the time of adoption of this Zoning Code (September 1979) or subsequent amendments thereto which does not comply with the lot coverage, height or yard requirements which are applicable to buildings and/or structures in the zoning district in which it is located.

[Ord. No. 2017-2935 § 1, 10-24-2017]

NON-CONFORMING LOT OF RECORD

A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the original adoption of this Zoning Code (September 1979) or subsequent amendments thereto and neither said lot nor parcel complies with the lot width or area requirements for any permitted uses in the district in which it is located.

[Ord. No. 2017-2935 § 1, 10-24-2017]

NON-CONFORMING USE

An existing use of a structure or of land at the time of adoption of this Zoning Code (September 1979) or subsequent amendments thereto which does not comply with the use regulations applicable to uses in the zoning district in which it is located.

[Ord. No. 2017-2935 § 1, 10-24-2017]

B. Non-Conforming Lots Of Record. The Director of Planning and Zoning shall issue a zoning certificate for any non-conforming lot of record provided that:

[Ord. No. 2017-2935 § 1, 10-24-2017]

1. Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

2. Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

3. Said lot can meet all setback requirements for the district in which it is located; and

4. Said lot can connect with a public sewer system or can meet the minimum sanitary sewer and storm sewer requirements of the City.

C. Non-Conforming Buildings And Structures.

1. Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations, may be continued, so long as it remains otherwise lawful.

2. Enlargement, Repair, Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.

3. Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage or value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

D. Moving. No non-conforming structure shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

E. Non-Conforming Use.

1. Authority To Continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.

a. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a non-conforming use.

b. Nothing in these zoning regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.

2. Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:

a. Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of these zoning regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).

b. Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of these zoning regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming); provided however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use before the effective date of this Chapter.

3. Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

4. Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage or value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of the partial destruction and is diligently pursued to completion.

5. Moving. No structure that is devoted in whole or in part to a non-conforming use and no non-conforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

6. Change In Use. If no structural alterations are made, any existing non-conforming use of a structure or structure and premises may be changed to another non-conforming use if the Board of Aldermen finds that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use and issues a special use permit for the new non-conforming use in accordance with Section 400.210, Special Use Permits. In permitting such change, the Board of Aldermen may require appropriate conditions and safeguards in accordance with Section 400.210. No such special use permit may be issued for a non-conforming use that has been abandoned or discontinued.

7. Abandonment Or Discontinuance. When a non-conforming use is discontinued or abandoned for a period of three (3) consecutive months, such use shall not thereafter be re-established or resumed and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

8. Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.

9. Non-Conforming Residential Uses. Any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

Section 400.250 Completion And Restoration Of Existing Buildings.

[Ord. No. 6.001 § XXII Art. IV, 9-10-1979; Ord. No. 2017-2935 § 1, 10-24-2017]

Nothing in this Chapter shall be taken to prevent the restoration within twelve (12) months of a non-conforming building destroyed to the extent of not more than fifty percent (50%) of its reasonable value (exclusive of foundations, driveways or accessory buildings) by fire, explosion or other casualty, or act of God, or the public enemy, provided that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the twelve (12) months allowed for reconstruction; and nothing in this Chapter shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, but any building so damaged more than fifty percent (50%) of its reasonable value may not be rebuilt, repaired or used unless it is made to conform to all regulations for buildings in the district in which it is located.

Section 400.260 Height And Area Exceptions.

[Ord. No. 6.001 § XXIII Art IV, 9-10-1979]

A. The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, yards and other requirements in the foregoing Sections of this Article, shall be subject to the following exceptions and additional regulations:

1. Height Exceptions.

a. In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth and width of which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated. Approval of local fire officials concerning approved fire safety equipment for the extended height, must be obtained before submitting a height exception to the Board of Adjustment.

b. Dwellings in Districts "A", "R-1" and "R-2" may be increased in height not exceeding ten (10) feet in addition to the limitations of two and one-half (2 1/2) stories or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than fifteen (15) feet in width, each, are provided. In no case shall such dwellings, however, exceed three (3) stories in height.

c. Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio, television or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the City of Greenwood, Missouri.

d. On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height, shall apply to a depth of not more than one hundred twenty-five (125) feet from that street.

e. The establishment of an airport or heliport within the City of Greenwood shall be in conformity with the regulations and procedures set forth by the Federal Aviation Agency as required by law and reviewed by the Planning Commission.

2. Area Per Family Exceptions. For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the lot area requirements per family shall be reached in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.

3. Yard Exceptions.

a. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty-six (36) inches; and provided further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a minimum of six (6) feet into the required front or rear yard; open paved terraces may project not more than ten (10) feet into a front yard and existing open porches extending into the required yard shall not be enclosed.

b. An open fire escape may project into a required side yard not more than one-half (1/2) the width of such yard, but not more than four (4) feet. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

c. A terrace garage in a District "A" to "R-1", inclusive, may be located in a front or side yard, provided that it is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structures from above, and further provided that the doors when open, shall not project beyond any property line, and that the structure be setback at least four (4) feet from the front property line.

d. In any district, a detached accessory building, not exceeding twenty-four (24) feet, or two (2) stories in height, or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard, except that in District "M-1" or "M-2", if such building is not more than one-story or sixteen (16) feet high, it may occupy forty percent (40%) of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than six (6) feet wide inside, the roof of which is not more than ten (10) feet high at its highest point and is not an extension of the roof of the main building.

e. No rear yard shall be required in District "C-O" to "M-2", inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right of way or which has a rear railway track connection.

f. In computing the depth of a rear yard for any building where such yard abuts an alley, one-half (1/2) of such alley may be assumed to be a portion of the rear yard.

g. The Zoning Authority is authorized to deviate from yard measurements up to ten percent (10%) of the requirements in hardship cases without referral to Board of Zoning Adjustment.

Section 400.270 Group House Projects.

[Ord. No. 6.001 § XXIV Art IV, 9-10-1979]

A. The net area of land to be included in a group housing project shall be at least three (3) acres. Developers of group housing projects must submit their plans to the Planning Commission for study. The Planning Commission shall hold a public hearing and shall make recommendations to the Board of Aldermen for their consideration and determination.

[Ord. No. 2017-2935 § 1, 10-24-2017]

B. The Planning Commission shall apply the requirements of this Section to the housing project as a whole in such a manner that will insure substantially the same character of occupancy, maximum intensity of use and minimum standard of open spaces as permitted by this Chapter in the district in which the proposed project is to be located.

C. In considering the project, the Planning Commission shall in no case authorize a use prohibited in the district in which the housing project is to be located, except that buildings for administration and maintenance of the project may be included; nor a building height in excess of that permitted. The minimum distance between a building and a street line shall comply with the front yard requirement of the district. No point of any building shall be nearer than twenty (20) feet to an adjacent building except that ten (10) feet minimum clearance will be permitted where there is a corner to corner relationship, nor nearer than twenty-five (25) feet to any boundary line of the project. The Board of Aldermen may require such additional restrictions and safeguards as they deem necessary to fulfill the purpose and intent of this Chapter.

[Ord. No. 2017-2935 § 1, 10-24-2017]

D. Ample open space shall be provided for recreational space, arrangement of lawns and planting, etc., in addition to that required for off-street parking.

E. Parking Regulations. (See Section 400.280, "Off-Street Parking and Loading").

F. A permit for a group housing project shall be issued by the Zoning Authority upon approval of the project by the Board of Aldermen.

Section 400.280 Off-Street Parking And Loading Regulations.

[Ord. No. 6.001 § XXV Art IV, 9-10-1979; Ord. No. 2005-10-24-03 § 1, 10-24-2005]

A. Parking For One Or Two-Family Dwellings.

1. For all one and two-family dwellings hereafter erected, constructed, reconstructed, moved or altered, provision in the form of garages or open parking areas shall be made for parking of motor passenger vehicles for the use of occupants, either on the premises in the rear or side yard on paved surface, or a driveway leading to a garage, or in a community garage in the same block. Such parking shall provide space for at least two (2) parking spaces per family unit with adequate driveway space thereto.

[Ord. No. 2017-2935 § 1, 10-24-2017]

2. No trucks in excess of one (1) ton capacity shall be parked on a lot in a residential zone except for deliveries. This restriction shall not apply to the "R-1R" District.

3. With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises.

B. Parking For Apartment Houses, Multiple Dwellings Or Motels. For all apartment houses, multiple dwellings or motels hereafter erected, constructed, reconstructed, moved or altered, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles for the use of occupants, either on the premises in the rear or side yards, or on a site approved by the Board of Aldermen after public hearing. Two (2) parking spaces of two hundred (200) square feet shall be provided for each dwelling unit.

C. Parking For Hotels, Apartment Hotels, Fraternity And Sorority Houses, Dormitories, Lodging Houses Or Clubs. For all hotels, apartment hotels, fraternity and sorority houses, dormitories, lodging houses and clubs hereafter erected, constructed, reconstructed, moved or altered, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles for the use of occupants or members. Two (2) parking spaces shall be provided for each of the individual bedrooms or suites. Such parking shall be in the side or rear yards or on a site approved by the Board of Aldermen after public hearing. Each parking space shall provide at least two hundred (200) square feet of area.

D. Parking For Hospitals Or Institutions. For all hospitals and philanthropic or eleemosynary institutions hereafter erected, constructed, reconstructed, moved or altered, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles. One (1) parking space shall be provided for each one thousand (1,000) square feet of floor space in said buildings. Such parking shall be either on the premises or on a site approved by the Board of Aldermen after public hearing. Each parking space shall provide at least two hundred (200) square feet of area.

E. Parking For Places Of Assembly. For every structure or part thereof hereafter erected, constructed, reconstructed, moved or altered to be used as a theatre, auditorium, church, stadium or other place of public assembly, there shall be provided and maintained accessible off-street parking space for motor passenger vehicles on the basis of one (1) vehicle for each six (6) seats of the total audience seating capacity of the building, structure or part thereof. Such parking shall be located on the same lot with such building, structure or part thereof, or on a site approved by the Board of Aldermen after public hearing. Each parking space shall provide at least two hundred (200) square feet of area.

F. Parking For Business Or Industrial Buildings.

1. Any business building hereafter erected, constructed, reconstructed, moved or altered in Districts "C-O" to "C-2", inclusive, shall provide accessible off-street parking at the rate of one (1) parking space for each five hundred (500) square feet of gross floor area in the building, exclusive of basement storage areas.

2. For all industrial buildings hereafter erected, constructed, reconstructed, moved or altered in Districts "M-1" and "M-2", provision shall be made for off-street parking. One (1) parking space shall be provided for each two (2) employees.

3. Such parking space shall be on the same lot with the main building, or within seven hundred fifty (750) feet therefrom, on land zoned for business or industry. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessories. Such possession may be either by deed or long term lease, the term of such lease to be determined by the Board of Aldermen.

4. Each required off-street parking space shall be at least ten (10) feet in width and at least twenty (20) feet in length, exclusive of access drives, aisles, ramps or columns.

5. When determination of the number of off-street parking spaces required by the formulas result in the requirements of a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.

G. Improvement Of Parking Areas. All open parking areas shall be surfaced with a permanent dust free surface. Ingress and egress shall be by means of paved driveways not exceeding thirty-five (35) feet in width at points of connection with public streets. Driveways affording access to double bays of parking spaces shall be not less than sixteen (16) feet wide for parking at an angle of fifty-five degrees (55°) to curb line, provided that such drive widths may be reduced to twenty (20) feet and twelve (12) feet respectively where one-way traffic is established in the driveways. Required drive widths may be determined proportionately for other angles of parking. Any lights used to illuminate said parking area shall be so arranged as to direct light away from any adjacent premises in a residential district. The following additional regulations shall apply except for one- and two-family dwelling parking:

[Ord. No. 2017-2935 § 1, 10-24-2017]

1. When abutting residential districts, off-street parking and loading facilities shall be set back a minimum of five (5) feet when abutting a rear property line or a minimum of ten (10) feet when abutting a side or front property line.

2. In order to limit the points of ingress and egress and to prevent encroachment of parked cars upon the public sidewalk and to improve the general appearance, there shall be a solid wall or fence or approved suitable screen planting, at least three (3) feet high in Districts "R-1" to "R-3A", inclusive, along the street side of the parking area and along any side or portion of a street line which is the boundary of an adjacent higher use district.

3. The portions of the area where parking is prohibited shall be suitably planted and maintained with grass, trees and shrubs.

4. Where such parking area is located in a District "A" to "R-1", inclusive, no fee shall be charged for parking thereon, and no signs of any kind shall be erected except those necessary for the orderly parking thereon.

H. Loading Space For Business And Industry.

1. Any business or industrial building, hospital, institution or hotel hereafter erected, constructed, reconstructed, moved or altered in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.

2. Off-street loading berths for commercial and industrial shall be provided in accordance with the following:

[Ord. No. 2017-2935 § 1, 10-24-2017]

Size of Establishment (gross area square feet)	Required No.	Size feet
1,000 - 20,000	1	(10 x 25)
20,000 - 25,000	2	(10 x 25)
25,000 - 40,000	2	(10 x 50)
40,000 - 100,000	3	(10 x 50)
100,000 - 250,000	4	(10 x 50)

For each additional two hundred thousand (200,000) square feet or fraction thereof, one (1) additional berth shall be added at the size of (10 x 25) feet

Section 400.285 Landscape Regulations.

[Ord. No. 2006-02-13-01 § 4, 2-13-2006]

A. Definitions. As used in this Article, the following terms shall have these prescribed meanings:

DECIDUOUS TREES

Generally those trees which shed their leaves annually such as Ash, Sycamore, Willow, etc.

EVERGREEN TREES

Generally those trees which do not shed their leaves annually such as Pine, Spruce, Juniper, etc.

GROUND COVER

Landscaping materials or living low-growing plant, other than turf grass, installed in such a manner so as to form a continuous cover over the ground surface.

LANDSCAPE MATERIAL

Consists of such living material as trees, shrubs, ground cover/vines, turf grasses and non-living material (excluding pavement) such as rocks, pebbles, sand, bark, brick pavers, earthen mounds and/or other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc. No more than forty percent (40%) of the total landscape material on a parcel or parcels shall be composed of non-living material.

LANDSCAPE RIGHT-OF-WAY SETBACK

That area between the street pavement or back of curb and the property line of any abutting lot or parcel.

LANDSCAPED OPEN SPACE

All land area within the property lines not covered by building or pavement.

LARGE TREES

Generally include those species of trees that reach a height of seventy (70) feet or taller at maturity.

MEDIUM TREES

Generally thirty (30) to seventy (70) feet in height at maturity.

NATIVE GRASSES

Species of perennial grass other than those designated as noxious weeds in the Missouri Revised Statutes.

PRIVATE STREET SETBACK

That distance of open area between the curb line and the building setback line.

PROHIBITED LANDSCAPING

Any plant, tree or landscaping material designated as a noxious weed or otherwise prohibited by the State of Missouri, Jackson or Clay Counties or this or any other City ordinance.

PUBLIC STREET SETBACK

That distance of open area between the street right-of-way line and the building setback line.

SHRUBS

Any self-supporting, woody plant of a species which normally grows to an overall height of less than fifteen (15) feet in this region.

SMALL TREES

Generally thirty (30) feet or less in height at maturity, including ornamental flowering trees and "patio" trees.

TREES

Any self-supporting, woody plant of a species which normally grows to an overall minimum height of fifteen (15) feet in this region.

TURF GRASS

A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes.

The American Standard for Nursery Stock, as published by the American Nursery and Landscape Association and incorporated by reference herein, shall be referred to in determining the applicability of the above definitions.

B. Statement Of Intent. The intent of this Section is as follows: to provide greenery to visually soften paved areas and buildings; to establish optimum environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, retardation of stormwater runoff and abatement of noise, glare and heat; to ensure the replenishment of the local stock of native trees by utilizing plant materials that are generally native or hearty to the region; to preserve existing trees; to screen certain unsightly equipment or materials from the view of persons on public streets or adjoining properties; and to buffer uncomplimentary land uses and generally enhance the quality and appearance of developed properties within the City.

C. General Requirements.

1. All land areas which are to be unpaved or not covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate ground cover. In addition to the minimum number of trees required to be planted by this Section, an appropriate number or amount of shrubs, ground cover and/or turf area plantings shall be included within each project, to be determined by the design criteria for the project relating to visual safety, species and landscape function.

2. Perimeter parking lot landscaping shall be provided for parking areas adjacent to property master planned or currently existing as very-low and low-density residential development. Landscaping shall be provided as required by the Planning Commission for perimeter parking areas adjacent to all other master plan designations.

Unless otherwise required by the Planning Commission or other provisions of this Section, perimeter parking lot landscaping shall be provided according to the following schedule as a minimum for each one hundred (100) linear feet of perimeter width or portion thereof of parking area:

a. Eight (8) evergreen trees.

b. Two (2) shade trees.

c. One (1) ornamental tree.

d. The above landscaping materials may be deviated from provided an alternative list of materials is approved by the Planning Commission which achieves comparable screening and buffering.

e. A one (1) to one (1) credit shall be given for each tree preserved within the parking lot setback which meets or exceeds the minimum size requirements, subject to the approval of an alternative plan as outlined above.

f. Any portion of a parking lots abutting or adjoining a zoned Dwelling House District shall conform to the requirements of Section 400.160.

3. All service areas, dumpsters and outdoor storage areas shall be screened with plantings or landscaped berm(s).

4. No tree shall be planted within three (3) feet from any paved surface and no shrub shall be planted in the right-of-way within three (3) feet from any paved surface.

5. No landscaping requirement of this Section is in any way authorized to create or cause any nuisance or hazard.

D. Landscaping Plan Required. All plans submitted in support of a final development plan, site plan, building permit or site development permit, except for any residential use in Districts "R-1", "R-1R" and "R-2", limited to no more than one (1) dwelling unit the case of "R-1" and "R-1R" and two (2) dwelling units in "R-2", shall include a landscaping plan signed by a registered landscape architect. Property located within District "A" Agriculture is excluded from this requirement. All landscaping plans shall include the following information:

1. North point and scale.

2. Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

3. The location, sizes and surface of materials of all structures and parking areas.

4. The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscaping installation.

5. The location, type, size and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grade and condition shall be specified according to American Nursery and Landscape Association Standards.

6. The location, size and common name of all existing plant materials to be retained on the site.

7. Mature sizes of plant material drawn to scale and called out on plan by common name or appropriate key.

8. Location of hose connections and other watering sources.

9. The location of all trees twelve (12) inches caliper or larger measured at four and one-half (4 1/2) feet above ground level on site that are proposed for removal. Where the number of such trees on a site is so great as to make individual locations impractical, the location of groups or clusters of such trees, with the average size and approximate number, may be shown instead.

E. Minimum Tree Requirement Per Zoning District.

1. In all zones one (1) tree is required for each fifty (50) feet of street frontage or portion thereof. Said trees shall be planted within the landscape setback abutting said street frontage. Trees may be clustered or arranged within the setback and need not be placed evenly at fifty-foot intervals. In addition, provide one (1) tree for each dwelling unit or every three thousand (3,000) square feet of landscaped open space. In addition, provide one (1) tree for each twenty (20) cars of parking area planted in the parking area and not at the perimeter.

a. Trees planted within the landscape right-of-way setback shall be selected for appropriate size, seed pod characteristics and tolerance to heat, salt and pollution. Trees allowed within or overhanging the landscape right-of-way setback:

(1) Acer platanoides (Norway Maple).

(a) Rubrum (Red Maple).

(b) Saccharum (Sugar Maple).

(c) Campestre (Hedge Maple).

(2) Aesculus glabra (Ohio Buckeye).

(3) Betula nigra (River Birch — single stem only).

(4) Carpinus betulus (European Hornbeam).

(5) Celtis spp. (Hackberry).

(6) Fraxinus americana (White Ash).

(7) Ginkgo biloba (Ginkgo).

(8) Gleditsia triacanthos inermis (Thornless Honeylocust).

(9) Koelreuteria paniculata (Golden-raintree).

(10) Maclura pomifera inermis (Osage Orange fruitless/thornless varieties).

(11) Quercus alba (White Oak).

(a) Acutissima (Sawtooth Oak).

(b) Imbricaria (Shingle Oak).

(c) Macrocarpa (Bur Oak).

(d) Muehlenbergii (Chinkapin Oak).

(e) Robur (English Oak).

(f) Rubra (Red Oak).

(12) Taxodium distichum (Bald Cypress).

(13) Tilia cordata (Littleleaf Linden).

(a) Tomentosa (Silver Linden).

(b) Americana (American Linden).

(14) Ulmus parvifolia (Lacebark Elm).

2. A one (1) to one (1) credit shall be given for each approved tree preserved within the landscape right-of-way setback which meets or exceeds the minimum planting requirements of this Section.

F. Planting Requirements.

1. The minimum planting sizes for all plant material shall be the following:

a. Medium And Large Deciduous Shade Trees. Two and one-half (2 1/2) inch caliper, as measured three and one-half (3 1/2) feet above the ground as specified by the American Nursery and Landscape Association.

b. Small Deciduous Or Ornamental Trees. Eight (8) feet to ten (10) feet in height as specified by the American Nursery and Landscape Association with the exception of true dwarf species.

c. Conifers. Six (6) to seven (7) feet in height.

d. Upright Evergreen Trees. Six (6) to seven (7) feet in height as specified by the American Nursery and Landscape Association except for true dwarf varieties.

e. Shrubs shall be of a size in keeping with the scale of the building and as approved by the Planning Commission but no smaller than a #3 container and eighteen (18) inches to twenty-four (24) inches in height.

f. Ground Cover Plants. Crowns, plugs, containers in a manner as appropriate by species to provide fifty percent (50%) surface coverage after two (2) growing seasons.

g. Turf And Native Grass. Seeding as appropriate to provide complete coverage within the first growing season.

h. Sod. Except for one-family dwellings, all turf areas within twenty (20) feet of a building and all areas within a public right-of-way shall be sodded. In addition, all slopes of one-foot tall in four (4) feet horizontal distance or steeper shall be sodded or landscaped with other erosion control alternatives.

[Ord. No. 2017-2935 § 1, 10-24-2017]

2. Planting Requirements Within Parking And Vehicular Use Areas.

a. The intent of this Section is to encourage interior landscaping within vehicular parking areas, to break up the large expanses of pavement and to provide relief from the reflected glare and heat, as well as to guide vehicular and pedestrian traffic.

b. All parking lots containing twenty-five (25) or more spaces shall include the following landscaping:

(1) Not less than six percent (6%) of the interior of a parking lot shall be landscaped. The interior of a parking lot shall be calculated by multiplying the number of parking spaces by two hundred seventy (270) square feet. Planting which is required along the perimeter of a parking lot shall not be considered as part of the interior landscaping requirement.

(2) The landscaping and planting areas shall be reasonably dispersed throughout the parking lots.

(3) The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth. Each area shall be protected by Portland cement concrete vertical curbs or similar structures unless such area is designed for use as a stormwater infiltration area or similar stormwater Best Management Practice as described in the September, 2003 version of the Storm Drainage BMP Manual of the Kansas City Metro Chapter of the American Public Works Association.

(4) The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.

(5) In those instances where plant material exists on a parking lot site prior to its development and said plant material meets all minimum requirements for size, type and location, such landscape material may be used and credited toward the requirements of this Section.

(6) No landscaping, tree, shrub, fence, wall or similar item shall be placed in zones of ingress or egress at street corners or in the intersection of a public right-of-way that the traffic engineer determines is an obstruction to visibility, extends into sight lines or is otherwise in violation of any traffic ordinance of the City.

G. Landscaping In Place Prior To Occupancy Permit.

1. All landscape material, living and non-living, shall be in place prior to issuance of final occupancy permit.

2. All plant material shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.

H. Maintenance.

1. The trees, shrubs and other landscaping materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.

2. Landscaping, including trees, on property abutting a public street shall be maintained by the property owner to the edge of the street pavement.

3. The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.

4. Plant material which exhibits evidence of insects, pests, disease and/or damage shall be appropriately treated and dead plants promptly removed and replaced within the next planting season.

5. All landscaping will be subject to periodic inspection by the City's Building Official or his/her designee.

6. Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered unlawful and in violation of the terms of the building or occupancy permit. The Building Official or his/her designee is empowered to enforce the terms of this Section.

Section 400.290 Fence Regulations.

[Ord. No. 6.001C § I (XLII), 3-4-1991; Ord. No. 2003-02-10-04 § 1, 2-10-2003; Ord. No. 2008-10-14-02 § 1, 10-14-2008; Ord. No. 2008-10-14-02 § 1, 10-14-2008]

A. Definitions. For the purpose of this Section, certain terms and words are hereby defined as follows:

DECORATIVE FENCE

A decorative fence shall be of open construction. Materials allowed for construction of a decorative fence are wood, vinyl, wrought iron, square tubing and/or metal pipe.

FENCE HEIGHT

The vertical distance measured from the top of the fence to ground level adjacent to the exterior of the fence.

OPEN WIRE FENCE

Materials allowed for construction of an open wire fence are woven wire, chain link and metal posts.

PRIVACY FENCE

An enclosure presenting a solid appearance used as a boundary, means of protection, privacy screening or confinement. Materials allowed for construction of a privacy fence are wood or vinyl, except posts which may be made of metal. Maximum board width for wood is twelve (12) inches for solid, staggered or "basket weave" fences.

B. Fence Height And Design In Residential Zoning Districts.

1. Fences shall not exceed eight (8) feet in height above the average grade.

2. Fences must be constructed in a workmanship-like manner such that horizontal and vertical support posts are inside the fence area.

[Ord. No. 2017-2935 § 1, 10-24-2017]

3. All exposed metal, except galvanized metal, shall have a colored finish coat.

4. No more than two (2) different types of fencing material are permitted for construction.

5. Open wire fences around tennis courts and other recreational amenities may be constructed to a height of not more than twelve (12) feet, but must be set back from all property lines at least six (6) feet and shall comply in all other respects with the terms of this Section.

6. Fences for community or commercial pools shall have a minimum height of forty-eight (48) inches, a maximum clearance between the bottom of the fence and the ground of two (2) inches and shall provide full enclosure to restrict access. All gates in the enclosing fence shall open outward away from the pool and shall be self-closing and have a self-latching device. Latch hardware must be at least three (3) inches below the top of the fence and shall have no opening greater than one-half (1/2) inch within eighteen (18) inches of the release mechanism. The fence shall be designed so that no openings are large enough to allow passage of a four-inch diameter sphere and so that no "ladder effect" is created on the outside. If chain-link material is used, the maximum size of the openings (i.e., the distance between parallel wires) shall not exceed two and one-fourth (2 1/4) inches. Fences for pools must meet the requirements of this Section as well as all other applicable regulations of the City of Greenwood.

[Ord. No. 2017-2935 § 1, 10-24-2017]

C. Fence Location Restrictions For All Residential Zoning Districts (Except District "R-1R").

1. Front Yard. Fences cannot be constructed in the front yard or be positioned any closer to the front property line than six (6) feet from the rear surface of the residence, except for decorative entry fences. A decorative entry fence shall:

a. Extend no further than twelve (12) feet in front of the front surface of the residence and shall in no case be closer than six (6) feet to any public or private street right-of-way.

b. Be located in front of the main entry to the residence and shall not extend beyond either side of the residence.

c. Not connect with any other fence on the property.

d. Be decorative in nature, be three (3) feet or less in height and be limited to or similar to one (1) of the following types of construction: brick or stone walls, wrought iron or a spaced picket fence made of wood, metal or vinyl.

e. Not define an area which is completely enclosed without a gated or non-gated entry to the yard at least thirty-six (36) inches in width.

2. Rear Yard. A privacy, decorative or open wire fence can be constructed on the property line, except that a fence cannot extend more than six (6) feet in front of the rear surface of the residence and cannot be located closer than six (6) feet to a collector street or local street right-of-way.

3. Side Yard. A privacy, decorative or open wire fence can be constructed on the property line, except that a fence cannot extend more than six (6) feet in front of the rear surface of the residence and cannot be located closer than six (6) feet to a collector street or local street right-of-way.

4. Corner Lots.

a. On a corner lot where no residence fronts the street on an adjacent side lot, a side yard fence may be constructed that complies with the side yard location restrictions of this Section.

b. On a reverse corner lot where the rear and side yard abuts the side and front yard of an adjacent lot, a privacy fence may not extend beyond the front building line of the adjacent lot. This class of corner lot is considered to have two (2) front yards. A decorative fence may be installed in the side yard of a reverse corner lot, but only if it complies with the following restrictions:

(1) A decorative fence that is at least fifty percent (50%) transparent and does not exceed thirty-six (36) inches in height.

(2) The setback requirement is one-half (1/2) the distance of the adjoining lot's front building line from the street right-of-way — this is typically twenty-six (26) feet from the curb.

(3) A fence being installed that varies in height with other fences shall transition the height of the fence to match the adjoining fence. The transition shall be provided over a minimum distance of eight (8) feet or a 4:1 ratio.

c. On any corner lot, a visibility triangle shall be provided in which no fence, wall, entrance, marker, sign, hedge, shrub planting or tree foliage which obstruct sight lines and elevations between two (2) feet and eight (8) feet above roadways shall be located within a triangular area formed by the right-of-way lines and a line connecting them at points twenty-five (25) feet from their point of intersection. (See Section 410.060 "Subdivision Regulations" Subdivision (B)(16).)

D. Fence Maintenance.

1. All fences shall be maintained in their original upright condition.

2. Fences with a painted or similar surface finish shall be maintained in their original condition.

3. Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

4. Any fence constructed prior to the adoption of these regulations, which does not meet the standards of this Subsection, may be repaired and maintained at its present location resulting in a fence of the same size and material; provided however that:

a. Where fifty percent (50%) or more of the linear length of an entire fence or fence section (e.g., one (1) side fence or a rear yard fence) is being reconstructed or replaced, such fence or fence section shall comply with the height and location standards of this Section (Section 400.290).

E. Permit Required. It is unlawful to erect any fence in the City without first obtaining an approved building permit from the Director of Planning and Zoning. A building permit is required to construct or replace a fence when:

[Ord. No. 2017-2935 § 1, 10-24-2017]

1. A new fence is being constructed.

2. An existing fence is being extended.

3. An existing fence is being replaced with a new fence that is a different size, at a different location, or of a different design (e.g., when chain link is replaced by a wood privacy fence).

4. More than fifty percent (50%) of the linear length of an existing fence section (side or rear yard) or more than fifty percent (50%) of the entire fence is being replaced.

F. Permit Fee. The fee for submitting a building permit application shall be in accordance with Section 500.089, Fence Permits.

G. Application And Issuance Of Permit. Application for a fence permit accompanied by the permit fee set forth above shall be made to the Director of Planning and Zoning. The Director shall review the application and either issue or deny such permit. The application shall consist of the following:

[Ord. No. 2017-2935 § 1, 10-24-2017]

1. Completed residential or commercial building permit application.

2. Names, addresses and telephone numbers of the property owner and fence contractor.

3. Statement of materials to be used.

4. Diagram showing proposed location of fencing, length of fence lines, height of each fence section and location of materials used if the materials differ.

5. Plot plan showing:

a. Property address, legal description and lot dimensions.

b. Building lines and all easements located on the property.

Section 400.295 Adult Entertainment Business.

[Ord. No. 99-03-01-04 § 1, 4-5-1999]

A. Any business that has as a substantial or significant purpose the sale or rental of merchandise that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to the specified sexual activities or specified anatomical areas; or provides entertainment or services intended to provide sexual arousal or excitement or that allow observation of sexual activities ancillary to other pursuits.

B. Adult businesses, as defined in this Section include adult media outlets, adult newsracks, adult retail establishments, adult entertainment businesses, bathhouse or adult motel, will be regulated as follows.

C. For purposes of Subsection (A), it shall be presumed that "a substantial or significant" portion of a business is devoted to the sale or rental of such items if any one (1) or more of the following criteria are satisfied:

1. Twenty percent (20%) or more of the sales measured in dollars for any consecutive ninety-day period is derived from such items;

2. Twenty percent (20%) or more of the number of sales transactions measured over ninety (90) consecutive days is of such items; or

3. Twenty-five percent (25%) or more of the dollar value of all merchandise inventory displayed at any time is attributable to such items.

D. Any person may request an interpretation ruling from the Chief of Police or his designee as to whether a particular item or business is designed or marketed for use in connection with specified sexual activities. The interpretive ruling shall be made in writing by the Chief of Police within ten (10) days following the submission of an application requesting such ruling. The decision of the Chief of Police may be appealed to the Board of Aldermen within fifteen (15) days following the ruling by submitting a written notice of appeal to the City Clerk.

[Ord. No. 2017-2935 § 1, 10-24-2017]

E. Adult Business Or Adult Entertainment Uses. The following conditions shall apply for all adult entertainment or business uses without regard to whether the adult entertainment or business use is a primary or accessory use:

1. An adult business or entertainment use shall not be established or expanded within seven hundred fifty (750) feet of the district boundary line of any residential zoning district.

2. An adult business or entertainment use shall not be established or expanded within five hundred (500) feet of any other adult entertainment use, bar, billiard hall or liquor store.

3. An adult business or entertainment use shall not be established or expanded within one thousand (1,000) feet of the property line of a church, school or public park.