[CC 1983 App. B Art. XV; Ord. No. 379.5, 5-18-1970; Ord. No.
695 §1, 6-19-1989; Ord. No. 807 §5, 5-5-1997; Ord. No. 2004-3 §2, 2-2-2004]
A.
The
City Council, after study and report by the City Planning Commission
and after public hearing before the City Council, may by resolution
grant a conditional use permit for the following uses in any district,
except as herein qualified, for which they are otherwise prohibited
by this Chapter, and may impose appropriate conditions and safeguards,
including a specified period of time for the permit, to protect the
comprehensive plan and to conserve and protect property and property
values in the neighborhood:
1.
Airport, landing field, or landing strip for aircraft.
2.
Amusement park, but not within three hundred (300) feet of any "R"
District.
3.
Cemetery or mausoleum.
4.
Greenhouse or nursery.
5.
Hospital or institution not primarily for the mentally ill or those
with contagious diseases, provided that not over twenty percent (20%)
of the total lot area is occupied by buildings and that all the buildings
shall be set back from all lot lines a distance of not less than two
(2) feet for each one (1) foot of building height.
6.
Nursery school.
7.
Commercial radio tower or broadcasting station.
8.
Manufactured home park but only in the "B-1", "B-2", and "I-1" Districts,
and provided that:
[Ord. No. 2017-06 § 1, 4-3-2017]
a.
The number of manufactured homes shall not exceed the number
obtained by dividing the total square foot area of the site by five
thousand (5,000).
b.
A minimum of twenty-five (25) feet shall be maintained between
manufactured homes, and between manufactured homes and buildings.
c.
Each manufactured home site shall abut or face a hard-surfaced
driveway, roadway, or street of not less than twenty (20) feet in
width which shall have unobstructed access to a public highway or
street.
d.
Each manufactured home park providing more than four (4) manufactured
home sites shall provide suitable playground area of not less than
three (300) square feet per manufactured home unless this provision
is specifically waived due to the proximity of a City park.
e.
Each manufactured home park shall provide sanitary facilities
and water supply in accordance with the standards requirements of
the Missouri Department of Natural Resources, the City Engineer and
the City water and wastewater superintendent. No special permit for
manufactured home parks shall be granted until approved by the water
and wastewater superintendent in consultation with the City Engineer
and the Department of Natural Resources.
f.
Electrical facilities provided to each lot must meet the electrical
code requirements. Manufactured home parks having ten (10) or more
lots must provide an overhead street light or night light operating
at night. One (1) street light must be provided for each ten (10)
lots or portion thereof within the park.
g.
No certificate of occupancy shall be granted until after certification
of compliance with the requirements of this Chapter by the City's
Code Enforcement Officer. All conditional use permits for manufactured
home parks shall be temporary and shall be valid only during the period
that the park complies with the requirements of this Section.
h.
Each manufactured home placed within a permitted park shall:
(1)
Be attached to a permanent foundation, which manner
of placement shall be as stated on the building permit, and meet all
manufacturer's specifications for support.
(2)
Have a sidewalk consisting of concrete, asphalt
or aggregate installed from the street, driveway or sidewalk adjoining
neighboring lots to the main entry door of the manufactured home.
(3)
Be well maintained and in good and habitable condition
both at time of placement and throughout the term it is located in
the park.
(4)
Have exterior siding which shall consist of vinyl
or metal lap siding (the reflective qualities of which do not exceed
that of low-luster white paint), wood, or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly
used in standard residential construction in the City.
(5)
Have permanent steps set at all entrances and exits.
(6)
Have no additions, including room or roof additions,
constructed and/or attached to it in any manner.
(7)
Have a paved or well-maintained graded gravel driveway
not less than ten (10) feet wide and sufficient for the placement
of at least two vehicles.
(8)
Be no more than eight (8) years old at the time
of the proposed placement.
(9)
Be occupied only as a single-family dwelling.
(10)
Be subject to restrictions on accessory buildings,
which are limited to a non-attached garage, carport, and a shed, each
of which shall be placed in conformance with the setback and dimensional
requirements established for the R-5 district. The construction of
all accessory buildings or structures must comply with all local building
codes.
(11)
Be placed on a parcel according to a presubmitted
and approved plot plan as described on the permit. In addition, a
manufacturer's installation manual for the unit shall be provided
to the Code Enforcement Officer.
(12)
Have a minimum of eighteen (18) inches of crawl
space under the entire manufactured home and be covered by skirting
to match the materials of the mobile home.
(13)
Be served by a water supply and sewage disposal
system meeting the established City requirements.
(14)
Be subject to inspection as follows: Each manufactured
home shall be inspected prior to placement to insure compliance with
all ordinances and all conditions contained in the conditional use
permit. Prior to any change in occupants, inspection for fully functioning
smoke detectors certified by Underwriter's Laboratories, in such number
and placement as required by the Code Enforcement Officer and such
other requirements contained herein. No change in occupants shall
be permitted, nor water service connected, until such inspection is
made and approved.
10.
Removal of gravel, topsoil, or similar natural material with safeguards
for the protection of adjoining property and the community as a whole.
11.
Outdoor theaters, except that any site adjacent to a State highway
must have approval of the State Highway Commission.
12.
Recreational vehicle park but only in the "B-1," "B-2," "B-4" Licensed
Gaming District," "I-1" and "I-2" Districts and provided that:
[Ord. No. 2022-01, 1-4-2022]
a.
Distance between RV's — maximum number of lots. The pads upon which recreational vehicles are placed shall be separated
from each other by at least twelve (12) feet. The number of recreational
vehicle lots permitted shall not exceed the nearest whole number obtained
by dividing the total square foot area of the site by twenty-five
hundred (2,500).
b.
Streets. All recreational vehicle parks shall be
provided with safe and convenient vehicular access from abutting public
streets. Such access shall be provided by streets, driveways or other
means. All streets shall be paved with a smooth, hard and dense surface
that shall be durable and well drained under normal use and weather
conditions. Street surfaces shall be maintained free of cracks, holes
and other hazards. All streets shall be a minimum of eighteen (18)
feet wide.
c.
Lighting. All recreational vehicle parks shall be
furnished with lighting units so spaced and equipped as will provide
adequate illumination for the safe movement of pedestrians and vehicles
at night.
d.
Pads. All recreational vehicles shall be placed
on concrete pads that are a minimum of twelve (12) feet wide.
e.
Water supply. An accessible, adequate, safe and
potable supply of water shall be provided to each recreational vehicle
lot. Where a public supply of water of satisfactory quantity, quality
and pressure is available at the site or at the boundary of the site,
connection shall be made thereto and its supply used exclusively.
When a satisfactory public water supply is not available, a private
water supply system may be developed and used as approved by the Code
Enforcement Officer. Water riser pipes shall extend at least four
(4) inches above ground elevation. The pipes shall be at least one-half
(½) inch. The water outlet shall be capped when a recreational
vehicle does not occupy the lot. Adequate provisions shall be made
to prevent the freezing of service lines, valves and riser pipes.
Surface drainage shall be diverted from the location of the riser
pipe.
f.
Sewage storage tank dumping station. Every recreational
vehicle park shall contain at least one (1) trailer sewage storage
tank dumping station, conveniently located, which shall be connected
to an adequate and safe sewerage system.
g.
Sewerage disposal. All sewer service to individual
lots in a recreational vehicle park shall be part of an adequate and
safe sewerage system. Such system shall be designed, constructed and
maintained in accordance with State and local laws. The rim of the
sewer riser pipes shall extend at least four (4) inches above ground
elevation. Provision shall be made for plugging the sewer riser pipe
when a recreational vehicle does not occupy the lot. All sewer systems
must be connected to the public sewer system.
h.
Refuse handling. The storage, collection and disposal
of refuse in the recreational vehicle park shall be so conducted as
to create no health hazards, rodent harborage, insect breeding areas,
accident or fire hazards or air pollution.
i.
Electrical distribution system. Each recreational
vehicle lot shall be provided with an approved electrical distribution
system that shall be installed and maintained in accordance with applicable
codes and regulations governing such systems.
j.
Toilet, shower, etc., facilities. Every recreational
vehicle park shall be provided with one (1) flush toilet, one (1)
lavatory and one (1) shower for each sex for each fifteen (15) recreational
vehicle lots or fractional part thereof.
k.
Maximum occupancy time. No recreational vehicle
shall be occupied or stored within a recreational vehicle park for
more than fourteen (14) continuous days.
l.
Parking of mobile homes. No mobile or manufactured home may be parked within a recreational vehicle park, except that one (1) mobile home may be placed and occupied within each park by the resident manager of the park, provided such mobile home meets the standards of Section 405.270 of this Code.
m.
Tents. Tents used as temporary dwellings for travel,
recreational or vacation purposes may be pitched in recreational vehicle
parks, provided only one (1) tent is located in a single travel trailer
lot and is not pitched in the camp for more than fourteen (14) continuous
days. No more than twenty-five percent (25%) of the lots within a
park may be occupied at any one time by tents. A tent that only provides
additional living space to the occupants of a travel trailer may occupy
the same lot as that trailer.
n.
Special conditions. Any special conditions contained
in the conditional use permit including, but not limited to, setback,
screening, duration, design and green space requirements imposed by
the City Council for the protection and proper development of the
area.
o.
Denial of conditional use permit. An application
for a conditional use permit for the development and operation of
a recreational vehicle park in any zoning district may be denied by
the City Council for any reason including, but not limited to, its
incompatibility with existing or planned development of the area.
13.
Electrical substations owned and operated by the City's electric
utility provider.
[Ord. No. 2021-01, 4-5-2021]
[Ord. No. 2021-01, 4-5-2021]
In addition to the fines or penalties provided in Article XIX of this Chapter for violations, any person violating or failing to satisfy any of the conditions contained in any conditional use permit or any conditions imposed by Section 405.630 on such permit shall be subject to revocation of such conditional use permit. The Code Enforcement Officer shall provide notice to any such permittee of any violation of conditions by personal service or certified mail. Such notice shall provide the permittee not less than thirty (30) days from receipt of the notice to take remedial action to bring the subject property or operation into compliance with the specified conditions. If any such person shall fail to take such remedial action within the time permitted, the Code Enforcement Officer shall provide the permittee an opportunity for an informal hearing before the Code Enforcement Officer relating to any objection the permittee has relating to the notice of violation. After such informal hearing, if the Code Enforcement Officer finds that a violation of conditions continues to exist, he or she may issue an order revoking the conditional use permit. Upon receipt of such order of revocation, the permittee shall no longer be permitted to utilize the property in any manner other than as permitted by the land use regulations in the underlying zoning district.
[Ord. No. 2021-01, 4-5-2021]
Any owner who wishes to challenge an order of the Code Enforcement Officer revoking a conditional use permit may do so by appeal to the Board of Adjustment as provided in Article XVII of Chapter 405. Such appeal shall be filed no later than thirty (30) days after the date of the revocation order. If no such request is made within that specified time period, the order becomes final and is not subject to challenge elsewhere. If such request is made, the hearing shall be conducted by the Board of Adjustment. The request for a hearing must be in writing, but otherwise no particular formality is required. Once a request for a hearing is received, the hearing shall be conducted in accordance with the "contested case" provisions of the State Administrative Procedure Act. The City Attorney shall represent the City at such hearing. The revocation order shall be stayed during the pendency of any such appeal.
