City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen of the City of Parkville 2-7-2017 by Ord. No. 2884. Amendments noted where applicable.]
A. 
Intent. It is the intent of this Section to:
1. 
Encourage the location of towers in non-residential areas.
2. 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
3. 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.
4. 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
B. 
Applicability.
1. 
District Height Limitations. The requirements set forth in this Section shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
2. 
Amateur Radio — Receive-Only Antennas. This Section shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
3. 
City Rights-Of-Way. All requirements of towers, antennas and associated equipment and facilities shall equally apply to any application for antenna or tower placement within City rights-of-way.
4. 
Preexisting Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Section of the Municipal Code shall not be required to meet the requirements of this Section, other than the requirements of Subsections (C)(8) and (E). Any such towers or antennas shall be referred to in this Section as "preexisting towers" or "preexisting antennas."
C. 
General Requirements.
1. 
Height. Height of all towers or structures shall be measured from ground level to the highest point on the tower or other structure, including any antenna. Except as further constrained by the setback and separation requirements, the maximum height of a tower shall not exceed one hundred eighty (180) feet above the existing ground level.
2. 
Setbacks And Separation. Unless otherwise required by law, the following setbacks and separation requirements shall apply to all towers and antennas.
a. 
Towers must be set back a distance equal to twice the height of the tower as measured from the furthest extension on the tower support structure from any off-site residential structure; or five hundred (500) feet from any residential structure, whichever figure is greater. For towers less than fifty (50) feet in height, the minimum setback shall be two hundred (200) feet.
b. 
Towers and accessory facilities must satisfy the minimum zoning district setback requirements.
c. 
In residential or business zones, towers over ninety (90) feet in height shall not be located within one-half (1/2) mile from any existing tower that is over ninety (90) feet in height.
d. 
In industrial zones, towers over ninety (90) feet in height shall not be located within one-fourth (1/4) mile from any existing tower that is over ninety (90) feet in height.
e. 
Minimum setbacks for microcell and repeaters are those required for any accessory building or structure within the zone district.
f. 
Minimum setbacks for freestanding monopole towers and minimum setback of towers and supports:
(1) 
When located within two hundred fifty (250) feet from any public rights-of-way, sidewalk or street, alley, parking area, playground, or building not dedicated solely for access to or maintenance of the tower support structure, and from any property line shall be the tower height (as measured from the furthest extension on the tower support structure) or the minimum setback for any accessory building within the district, whichever is greater.
(2) 
When not located within two hundred fifty (250) feet from any public rights-of-way, sidewalk or street, alley, parking area, playground, or building (except for parking and buildings dedicated solely for access to or maintenance of the tower support structure), and from any property line shall be the standard setback for a building or structure within the zone district.
g. 
For applications for sites within City rights-of-way, the most restrictive adjacent underlying zoning district classification shall apply.
3. 
Roof And/Or Building-Mount Facility. Antennas on the rooftop or above a structure shall not extend more than twelve (12) feet above the roof, and shall be screened, constructed and/or colored to match the structure to which they are attached in a manner that they are not visible from public streetscapes adjacent to the building. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding twelve (12) inches in diameter on a roof- or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character and color.
4. 
Security Fencing. All telecommunication towers and antennas shall be protected from unauthorized access by appropriate security measures. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device.
5. 
Landscaping. The following landscape requirements apply:
a. 
Tower facilities shall be landscaped with Type 1 buffer to effectively screen the view of the tower compound from adjacent property.
b. 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible to minimize visibility of the compound, tower and antenna from the streetscape or civic and open spaces. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer, however in other cases additional small and large trees may be required to be planted in the vicinity.
6. 
Aesthetics — Lighting. The following guidelines shall govern the location of all towers, and the installation of all antennas.
a. 
Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a light, neutral color so as to reduce visual obtrusiveness. A tower shall not dominate the skyline.
b. 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities into the natural setting and built environment. Metal equipment buildings are prohibited.
c. 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a light, neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
d. 
The City may or may not require lighting, even if not required by the FAA. If lighting is required, the Planning Commission may review the available lighting alternatives and approve the design.
7. 
Federal Requirements. All towers must meet current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate towers and antennas.
8. 
Building Codes — Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local buildings codes and the applicable standards for towers that are published by the Electronic Industries Association. Any structural modification or alteration to an existing tower or antenna will require a structural analysis by a licensed professional engineer in the State of Missouri as part of the application, unless waived by the Community Development Director. If, upon inspection, a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring the tower into compliance. If the owner fails to bring a tower into compliance within thirty (30) days, the City of Parkville may remove the tower at the owner's expense.
9. 
Safety. All telecommunication towers and antennas shall be reasonably designed to reduce the potential damage to persons or property from falling equipment, ice or debris from wind, damage or structural failure.
D. 
Conditional Use Permits.
1. 
General. A conditional use permit is required for new towers or new antenna on existing towers or structures. The following provisions shall govern the issuance of conditional use permits:
a. 
A conditional use permit shall be required for the construction of a new tower or the placement of an antenna in all zoning districts, or substantial modification to an existing telecommunication tower or antenna as defined by Missouri statutes.
b. 
Any approval may be conditioned upon site specific requirements that are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
c. 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a professional engineer licensed in the State of Missouri.
2. 
Information Required. Each applicant requesting a conditional use permit under this Section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals showing the location and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Planning Commission to be necessary to assure compliance with this Section. For applications for sites within City rights-of-way or on City-owned property, no application shall be submitted for permit approval without attaching the City's consent to use the right-of-way or property for the specific construction application. This consent should be in the form of an agreement with the City to place and/or maintain private improvements in City rights-of-way or on City-owned property.
3. 
Abandonment Bond. Any applicant for a new tower shall place a bond or other security with the City prior to any final approval to ensure abandoned towers can be removed. The bond or security shall be in the form and amount approved by the Community Development Director based on the valuation of the tower at the time of construction and necessary amount required for a demolition permit. The amount of the bond shall be determined by the Director to satisfy the requirements hereof with regard to the specific tower to which it would apply based on the estimated total cost of removal of that tower.
4. 
Criteria. In addition to the criteria in Section 403.050, and the standards in this Section, the Planning Commission shall consider the following additional criteria for conditional use permits for telecommunication facilities.
a. 
All standards of this Section have been met, or in the case of any City standards and equal or better alternative has been proposed that equally or better meets all of the intent provisions of this Section.
b. 
Telecommunication facilities should be located and designed to minimize any adverse effect they may have on residential property values.
(1) 
Colors and facility designs should be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and should restrain the facility from dominating the surrounding area.
(2) 
Location and design of sites in commercial or industrial zones should consider the impact of these sites on surrounding neighborhoods, particularly the visual impact within the zone district and beyond, in residential areas.
(3) 
Fencing should not necessarily be used to screen a site, and security fencing should be colored or should be of a design which blends into the character of the existing environment.
(4) 
Freestanding facilities should be located to avoid a dominant silhouette.
(5) 
Strobe lights are prohibited at night unless required by the Federal Aviation Administration.
c. 
Towers and all related equipment and facilities should be architecturally compatible with surrounding buildings and land uses in the zone district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.
d. 
At the time of the conditional use request, an evaluation of the visual impact should be taken into consideration if vegetation is to be removed.
e. 
Innovative designs should be used whenever the screening potential of the site is low. For example, by constructing screening structures which are compatible with surrounding architecture, the visual impact of a site may be mitigated.
f. 
The structure must be architecturally and visually (in color, bulk, size) compatible with surrounding existing buildings, structures, vegetation, and/or uses in the area or those likely to exist under the terms of the underlying zoning.
5. 
Historic Preservation Thirty-Day Hearing Period. A conditional use permit shall not be issued for any telecommunication tower or antenna that the Planning Commission or Board of Aldermen determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such district as a whole. For collocation of any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more public hearings on collocation to a certified historic structure are held.
E. 
Abandonment. It shall be the duty of the facility owner to notify the City when the site is no longer to be used for telecommunication purposes. Telecommunication facilities which are not in use for six (6) months for telecommunication purposes shall be removed by the telecommunication facility owner. This removal shall occur within ninety (90) days of the end of such six-month period at the owner's expense. Upon removal, the site shall be re-planted to blend with the existing surrounding vegetation. A tower not removed as mandated above shall be deemed to be a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings, adopted as part of the Building Code in Chapter 500 of the Parkville Municipal Code, and shall be removed under the provisions of Chapters 7 through 9.
A. 
Intent. The intent of this Section is to:
1. 
Reduce flood losses from inundation, including loss of life and property, health and safety hazards, disruption of commerce and governmental services and extraordinary public expenditures for flood production and relief;
2. 
Reduce the cumulative effect of development in floodplains that increase flood heights and velocities;
3. 
Reduce the occupancy of flood hazard areas by uses vulnerable to floods, or which are hazardous to others inadequately elevated or otherwise unprotected from flood damage;
4. 
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
5. 
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
6. 
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard;
7. 
Establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3) and meet the requirements of 44 CFR 60.3(d).
B. 
Applicability. This Section shall apply to all lands within the jurisdiction of the City of Parkville, Missouri identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Maps (FIRMs) for Platte County listed on Map Panels 29165C0295D, 29165C0313D, 29165C0360D, 29165C0370D, 29165C0376D, 29165C0377D, 29165C0378D, 29165C0379D, 29165C0383D, 29165C0386D, 29165C0387D, 29165C0391D, and 29165C0392D, dated April 2, 2015, and including future official revisions.
1. 
Floodplain Administrator. The Community Development Director shall be the Floodplain Administrator under this Section. The Floodplain Administrator shall review all permits for compliance with this Section and assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law.
2. 
Flood Insurance Study. The Flood Insurance Study (FIS) and standard engineering methods are used for analyzing flood hazards, including the following interrelated steps:
a. 
Selection of base flood based on expected frequency of occurrence, the area inundated, and the depth of inundation. In general, it is the flood which could be expected to have a one-percent chance of occurrence in any one (1) year as shown on the Federal Insurance Administrator's FIS, and illustrative materials for Platte County dated April 2, 2015, as amended.
b. 
Calculation of water surface profiles based on standard hydraulic engineering analysis and capacity of the stream channel and overbank areas to convey the regulatory flood.
c. 
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d. 
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e. 
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
3. 
Permit Required. No development located within the special flood hazard areas of this community shall be located, constructed, extended, converted or structurally altered without a permit demonstrating full compliance with the terms of this Section.
4. 
Permit Procedures. In association with other procedures in Chapter 403, a floodplain development permit shall:
a. 
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
b. 
Identify and describe the work to be covered by the floodplain development permit;
c. 
Indicate the use or occupancy for which the proposed work is intended;
d. 
Indicate the assessed value of the structure and the fair market value of the improvement;
e. 
Specify whether development is located in the designated flood fringe or floodway;
f. 
Identify the existing base flood elevation and the elevation of the proposed development;
g. 
Give such other information as reasonably may be required by the Floodplain Administrator;
h. 
Be accompanied by plans and specifications for proposed construction; and
i. 
Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
5. 
Review Criteria. In applying the standards of this Section, the Floodplain Administrator shall verify that:
a. 
The flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
b. 
A record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
c. 
A record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;
d. 
Floodproofing techniques for non-residential structures shall be certified by a registered professional engineer or architect; and
e. 
Notification by the applicant of adjacent communities and the Missouri State Emergency Management Agency (Mo SEMA) shall be required prior to any alteration or relocation of a watercourse and evidence of this notice shall be given to the Federal Emergency Management Agency (FEMA).
6. 
Warning And Disclaimer Of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the floodway and flood fringe or land uses permitted within these areas will be free from flooding or flood damage. This Section shall not create a liability on the part of the City of Parkville, any officer or employee for any flood damages that may result from decisions or actions in reliance on this Section.
C. 
General Standards.
1. 
No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Subsection are satisfied.
2. 
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the one-hundred-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Section. If Flood Insurance Study data is not available, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
3. 
Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
4. 
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:
a. 
Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. 
Construction with materials resistant to flood damage;
c. 
Utilization of methods and practices that minimize flood damages;
d. 
All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e. 
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f. 
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage;
(2) 
All public utilities and facilities, such as sewer, gas, electrical, and water systems, are located and constructed to minimize or eliminate flood damage;
(3) 
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) 
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5. 
Storage, Material, And Equipment.
a. 
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b. 
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.
6. 
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet, may be constructed at-grade and wet-floodproofed, provided that there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Section; and a floodplain development permit has been issued.
D. 
A Zones And AE Zones. In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided, as set forth in Subsection (C)(2), the following provisions are required:
1. 
Residential Construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to a minimum of one (1) foot above the base flood elevation.
2. 
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to a minimum of one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied.
3. 
All Construction. Fully enclosed areas below the lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. 
A minimum of two (2) openings having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding shall be provided; and
b. 
The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
E. 
Manufactured Homes.
1. 
Manufactured homes placed within unnumbered and numbered A Zones and AE Zones on the FIRM shall be installed using methods and practices that minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include use of over-the-top or frame ties to ground anchors.
2. 
Manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the FIRM on sites: outside of a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a minimum of one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
3. 
Manufactured homes that are placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the FIRM, that are not subject to the provisions of Subsection (E)(2) shall be elevated so that either:
a. 
The lowest floor of the manufactured home is a minimum of one (1) foot above the base flood level; or
b. 
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and is securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
F. 
Floodway. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1. 
The City shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2. 
No encroachments, including fill, new construction, substantial improvements and other development, shall be within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3. 
If Subsection (F)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.
4. 
In unnumbered A Zones, any base flood elevation or floodway data currently available from Federal, State, or other sources in Subsection (C)(2) shall be utilized.
G. 
Recreational Vehicles. Recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community's FIRM shall either:
1. 
Be on the site for fewer than one hundred eighty (180) consecutive days; or
2. 
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions; or
3. 
Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this Section.
H. 
Variances. The Board of Zoning Adjustments may grant variances to the standards of this Section and hear appeals to denial of a floodplain permit according to the procedures and criteria in Sections 403.080 and 403.090, and subject to the following.
1. 
Additional Considerations. The Board shall consider the following additional considerations:
a. 
The danger to life and property due to flood damage;
b. 
The danger that materials may be swept onto other lands to the injury of others;
c. 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. 
The importance of the services provided by the proposed facility to the community;
e. 
The necessity to the facility of a waterfront location, where applicable;
f. 
The availability of alternative locations, not subject to flood damage, for the proposed use;
g. 
The compatibility of the proposed use with existing and anticipated development;
h. 
The relationship of the proposed use to the Master Plan and Floodplain Management Program for that area;
i. 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
j. 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
k. 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems; streets; and bridges.
2. 
Additional Limitations. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, after considering the following criteria. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
a. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided that the proposed activity will not preclude the structure's continued historic designation.
b. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
c. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
d. 
Variances shall only be issued upon:
(1) 
A finding that all factors for a variance in Section 403.080 have been met;
(2) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
e. 
The applicant of any approved variance is on notice that:
(1) 
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2) 
Construction below the base flood level increases risks to life and property. This notice shall be maintained with the record of all variance actions as required by this Section.
3. 
Conditions For Accessory Structures. In addition to all other considerations and criteria, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
a. 
Use of the accessory structures must be solely for parking and limited storage purposes in flood-prone areas only.
b. 
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below highest adjacent grade, must be built with flood-resistant materials in accordance with Subsection (C)(4)(b).
c. 
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Subsection (C)(4)(a). All of the building's structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
d. 
Any mechanical, electrical, or other utility equipment must be located above the highest adjacent grade or floodproofed so that it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Subsection (C)(4)(d).
e. 
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls subject to the one-hundred-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with the NFIP regulations.
f. 
Equipment, machinery, or other contents must be protected from any flood damage.
g. 
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
h. 
Wet-floodproofing construction techniques must be reviewed and approved by the Floodplain Administrator and a professional engineer or architect registered in the State of Missouri prior to the issuance of any floodplain development permit for construction.
A. 
Intent. The intent of this Section is to regulate the secondary effects of adult businesses in order to promote the health, safety, morals, and general welfare of the citizens of Parkville, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually explicit materials. Similarly, it is neither the intent nor effect of this Section to restrict or deny access by adults to sexually explicit materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Section to condone or legitimize the distribution of obscene or offensive material of a sexual nature.
B. 
Applicability. The regulations set forth in this Section, or set forth elsewhere in this Title, when referred to in this Section are the zoning regulations governing adult businesses and shall apply to any adult business.
C. 
Location Restrictions. No adult business shall be located:
1. 
Within one thousand (1,000) feet of any primary or secondary school, house of worship, public library, licensed child-care center, public park, or property zoned or used for residential purposes. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the adult business would be operated to the nearest point on the property line of any primary or secondary school, house of worship, public library, licensed child-care center, public park, or property zoned or used for residential purposes:
a. 
Provided that the phrase "property zoned or used for residential purposes" shall not include any property zoned for residential use for which a special use permit has been granted for an indefinite period of time which permit allows a non-residential use;
b. 
Provided, further, that the list of uses set forth above shall exclude streets, alleys and highway rights-of-way.
2. 
Within one thousand (1,000) feet of any other business located within or without the City meeting the definition of "adult business," as set forth in this Title. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest property line of the premises from which the proposed adult business would be operated to the nearest point on the property line of the other business meeting the definition of "adult business," as set forth in this Title.
D. 
Signs.
1. 
All adult businesses shall comply with the sign regulations in Chapter 409.
2. 
Any adult businesses that shall not be open to minors in accordance with the requirements of Title VI, Chapter 650, shall conspicuously display, in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:
THIS BUSINESS IS AN ADULT BUSINESS. ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER SHALL BE PERMITTED ON THE PREMISES.
3. 
All adult entertainment businesses that provide live entertainment shall conspicuously display, in the common area at the principal entrance to the premises, a sign, on which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF PARKVILLE. ENTERTAINERS ARE:
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the pubic region, buttocks, genitals or female breast of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the pubic region, buttocks, genitals or female breast of said entertainer.
Not permitted to be nude.
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
While the entertainer is on the stage, by placing a payment or gratuity into a container located outside a six-foot boundary surrounding the stage; or
While the entertainer is not on the stage, by placing a payment or gratuity into the entertainer's hand.
CUSTOMERS ARE:
Not permitted to be upon the stage at any time or to be within the six-foot marked boundary surrounding the stage while entertainers are performing.
Not permitted to touch, caress or fondle the pubic region, genitals, buttocks or female breast of any employee, server or entertainer or engage in solicitation for prostitution.
E. 
Displays.
1. 
Prohibition Of Public Display. No adult business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this Title, from any exterior source by display, decoration, sign, show window or other opening.
2. 
Display Of Adult Media.
a. 
Applicability. This Section shall apply to any bookstore, video store or other similar retail store in which adult media constitutes more than ten percent (10%) but not more than thirty-three percent (33%) of the store's inventory at any time, or where adult media constitutes more than ten percent (10%) but not more than thirty-three percent (33%) of the merchandise displayed for sale or rental at any time, or where adult media occupies more than ten percent (10%) but not more than thirty-three percent (33%) of the sales floor area of the business (not including store rooms, stock areas, restrooms, or any portion of the business not open to the public) at any time.
b. 
Display Of Adult Media. Adult media in a store to which this Section applies shall be kept in a separate room or section of the store, which room or section shall:
(1) 
Not be open to any minor;
(2) 
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
(3) 
Be located so that the entrance to it is as far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
(4) 
Have access controlled by electronic or other means to provide assurance that minors will not accidentally enter such room or section.
c. 
The owner or manager of a store to which this Section is applicable shall have the affirmative duty to prevent the display of adult media at or within the portions of the business open to minors.
F. 
Conditional Use Permits. In addition to all other standards and criteria in this Section, any adult use shall only be permitted through the conditional use permit process in Section 403.050, and only be eligible in the B-2, B-4-P, I-1 and I-2 Districts.