[R.O. 2009 § 410.255; Ord. No. 3545, 7-9-2019; Ord. No. 3553, 7-23-2019; Ord. No. 3874, 7-25-2023]
A. Definitions. For purposes of this Chapter,
the following terms shall have the meanings set out herein:
CHURCH(ES)/PLACES OF WORSHIP
A Building(s) primarily used for public religious worship
and associated religious functions (education, fellowship, etc.),
including synagogues and temples.
MARIJUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plan and marijuana-infused
products.
MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a Medical
or Recreational Marijuana Dispensary Facility, Medical or Recreational
Marijuana Testing Facility, or a Medical or Recreational Marijuana-Infused
Products Manufacturing Facility.
MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana to a legally competent
recreational marijuana user, Qualifying Patient, a Primary Caregiver,
another Marijuana Dispensary Facility, a Medical or Recreational Marijuana
Testing Facility, or a Medical or Recreational Marijuana-Infused Projects
Manufacturing Facility.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a Marijuana Dispensary Facility, a Medical or Recreational Marijuana
Test Facility, or to another Medical or Recreational Marijuana-Infused
Projects Manufacturing Facility.
B. Zoning Districts For Marijuana Dispensary
Facilities — Distance Requirements.
1.
Subject to distancing requirements as set forth in Subsection
(B)(2) below, only the following Zoning Districts may be used for the operation of licensed Marijuana Dispensary Facilities:
a.
"C-S" Highway Service District.
b.
"C-2" General Commercial District.
c.
"C-3" Central Business District.
2.
A Marijuana Dispensary Facility will
not be located within three hundred (300) feet of a primary or secondary
school, day-care center, or church. Buffers are to be measured outward
from all property lines of the property where the facility is located.
C. Zoning Districts For Marijuana Cultivation
Facilities — Distance Requirements.
1.
Subject to distance requirements as set forth in Subsection
(C)(2) below, only the following Zoning Districts may be used for the operation of licensed Marijuana Cultivation Facilities:
a.
"I-1" Light Industrial; provided,
that the cultivation operation must be contained within an enclosed
area, with a special use permit to be required for outdoor operation
of a cultivation facility.
b.
"I-2" Heavy Industrial; provided,
that the cultivation operation must be contained within an enclosed
area, with a special use permit to be required for outdoor operation
of a cultivation facility.
c.
"A-L" Agricultural District.
2.
A Marijuana Cultivation Facility
will not be located within the following distances from properties
designated as follows:
a.
Facility will not be located within
one hundred fifty (150) feet of a residentially zoned property; and
b.
Facility will not be located within
one thousand (1,000) feet from a primary or secondary school, day-care
center, or church.
c.
Buffers are to be measured outward
from all property lines of the property where the facility is located.
D. Zoning Districts For Marijuana-Infused
Products Manufacturing Facilities — Distance Requirements.
1.
Subject to distancing requirements as set forth in Subsection
(D)(2) below, only the following Zoning Districts may be used for the operation of licensed Marijuana-Infused Products Manufacturing Facilities:
2.
A Marijuana-Infused Products Manufacturing
Facility will not be located within one thousand (1,000) feet of a
primary or secondary school, day-care center, or church. Buffers are
to be measured outward from all property lines of the property where
the facility is located.
E. Standards For Medical And Recreational
Marijuana Uses.
1.
On-Site Usage Prohibited. No marijuana
may be smoked, ingested, or otherwise consumed on the premises of
a Marijuana Dispensary.
2.
Display Of Licenses Required. The
marijuana license issued by the State of Missouri shall be displayed
in an open and conspicuous place on the premises.
3.
Residential Dwelling Units Prohibited.
No Marijuana Dispensary shall be located in a building that contains
a residence.
4.
Ventilation Required. Marijuana businesses
will install and operate ventilation systems as may be required by
State law or regulation.
[R.O. 2009 § 410.260; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 1), 7-31-1980; Ord. No. 2844 § I, 2-12-2009]
A. The district regulations hereinafter set
forth in this Section qualify or supplement, as the case may be, the
district regulations appearing elsewhere in this regulation.
1.
Chimneys, cooling towers, fire towers,
grain elevators, monuments, stacks, stage towers or scenery lofts,
tanks, water towers, ornamental towers and spires, church steeples
or necessary mechanical appurtenances usually required to be placed
above the roof level and not intended for human occupancy are not
subject to the height limitations contained in the Schedule of District
Regulations.
[Ord. No.
3543, 7-9-2019]
2.
No accessory structure shall be erected
in any required front or side yard and no detached accessory structure
shall be erected closer than five (5) feet to any other building.
Accessory structures may be located in the rear yard, but shall not
be closer than five (5) feet to the rear lot line and shall not be
closer to the side lot line than the required side yard setback of
the district, except that if the structure has a vehicular alley entrance,
the sum of the width of the alley and the setback of the structure
shall not be less than twenty-five (25) feet. No accessory structure
may occupy more than thirty percent (30%) of the required rear yard
area.
PERMISSIBLE LOCATIONS FOR ACCESSORY
BUILDING
|
---|
(Reserved)
|
3.
No accessory structure shall be constructed
upon a lot until the construction of the main building has been actually
commenced and no accessory building shall be used for dwelling purposes.
4.
Open or lattice-enclosed fire escapes,
fireproof outside stairways and balconies opening upon fire towers
and the ordinary projections of chimneys and flues into the rear yard
may be permitted by the Zoning Administrator for a distance of not
more than three and one-half (3 1/2) feet and where the same are so
placed as not to obstruct light and ventilation.
5.
Unless specifically prohibited elsewhere
within the zoning regulations, where a lot or tract is used for other
than single-family dwelling, more than one (1) principal use may be
located upon the lot or tract but only when the building or buildings
conform to all requirements for the district in which the lot or tract
is located.
6.
Whenever the number of employees
is restricted in connection with any use in the neighborhood shopping
or commercial districts, such maximum number applies only to employees
principally engaged in processing, selling or treating materials or
products on the premises and not to employees engaged in delivery
or similar activities.
8.
Certain Recreational Equipment And
Trailers.
[Ord. No.
3840, 3-10-2023; Ord. No. 3894, 10-24-2023]
a.
All trailers, including, but not
limited to, boats, boat trailers, campers, travel trailers, pickup
campers or coaches, camping buses or converted trucks, tent trailers
or similar types of recreational vehicles, cargo/enclosed trailers,
race car trailers, equipment trailers, car haulers, concession/specialty
trailers, motorcycle trailers, ATV trailers, and flatbed trailers,
shall not be parked or stored in a residential district except on
a paved surface area, within an enclosed building, or behind the front
plane of the principal structure.
b.
Parking forward of the front plane of the principal structure shall be limited to one (1) trailer per dwelling on a paved surface area as defined in Section
300.010; provided, that it is not within twelve (12) feet of the edge of the public roadway.
c.
No such travel trailer, camper, or
recreational vehicle shall be utilized for living, sleeping, or housekeeping
purposes when parked or stored on a residential lot or in any location
not approved for such use.
9.
No land, which is located in a residential
district, shall be used for a driveway, walkway or access to any land
that is located in any business or industrial district.
10.
The building setback lines shall
be determined by measuring the horizontal distance from the property
line to the furthest architectural projection of the existing or proposed
structure.
11.
Temporary uses permitted:
a.
Street Sales. The retail sale of
merchandise not within an enclosed structure for a period not to exceed
three (3) days. Street sales shall be approved by the Board of Aldermen.
Street sale displays need not comply with the yard and setback requirements
of these regulations, provided that no merchandise shall be displayed
in the sight triangle.
b.
Christmas Tree Sales. Christmas tree
sales in any business or industrial district for a period not to exceed
sixty (60) days. Christmas tree sales shall be approved by the Board
of Aldermen. Display of Christmas trees need not comply with the yard
and setback requirements of these regulations, provided that no trees
shall be displayed within the sight triangle.
c.
Contractor's Office. Contractor's
office and equipment sheds (containing no sleeping or cooking accommodations)
accessory to a construction project and to continue only during the
duration of such project.
d.
Real Estate Offices. Real estate
offices (containing no sleeping or cooking accommodations unless located
in a model unit) incidental to a new housing development to continue
only until the sale or lease of all dwelling units in the development.
e.
Seasonal Sales. Seasonal sale of
farm produce grown on the premises of an "A-L" District. Structures
incidental to such sale need not comply with the applicable front
yard requirements if the structures are removed back of the required
front yard setback line at the end of the season during which they
are used.
f.
Carnivals And Circuses. A carnival
or circus for a period that does not exceed seven (7) days, including
setup and removal. Carnivals and circuses shall be approved by the
Board of Aldermen. Such use need not comply with the front yard requirements,
provided that structures or equipment which might block the view of
operators of motor vehicles on the public streets shall conform to
the requirements of the sight triangle as defined by the regulations.
g.
Additional Seasonal Sales And Temporary
Vendors. If not otherwise listed in this Subsection, vendors shall
be limited to "C-2" General Commercial District and "C-S" Highway
Service District and subject to the following restrictions:
(1) Vendor must submit for
the approval of the Zoning Administrator a site plan showing conformance
with the requirements of the zoning regulations and building codes.
(2) No location shall be
allowed to have a vendor if there is not adequate parking, water,
sewer and electrical hookups.
(3) No more than one (1)
vendor per zoning lot at any given time.
(4) Maximum time allowed
per lot (not vendor) is one hundred eighty (180) days per calendar
year.
12.
In all districts permitting residents,
the renting of not to exceed two (2) sleeping rooms with a total occupancy
of not to exceed three (3) persons for whom board may be furnished,
but with the prohibition of separate culinary accommodations for such
tenants, shall be permitted for each dwelling unit except that the
floor area of the rented space shall not exceed twenty-five percent
(25%) of the total floor area of the dwelling.
13.
Construction within lots that would
require sidewalks as part of the normal platting process, overall
transportation plan, or at the determination of the Planning and Zoning
Administrator, shall have sidewalks constructed as part of the lot
development prior to final inspection.
[Ord. No.
3879, 8-22-2023]
[Ord. No.
3744, 6-7-2022]
A. No short term residential rental shall
operate within the boundaries of the City of Bolivar without first
obtaining a business license from Bolivar City Hall and a special
use permit approved by the Board of Adjustment.
B. Approval required for non-owner occupied
properties as permitted in all applicable zoning districts. Short
term rental is allowed only as follows:
1.
Property that is designated as a
historic landmark or located in a historic district may qualify for
a non-owner occupied permit, upon issuance of a special use permit.
2.
Prior to accommodating any guests
on the property, the host of a non-owner occupied short term rental
must submit, initially, an administrative approval application for
a special use permit.
3.
The host of a non-owner occupied
short term rental shall pay the mailing fee for notification of short
term rental use by regular mail to:
a.
All owners of record of all land
within one hundred eighty-five (185) feet of the property proposed
for a short term rental. The Zoning Administrator shall notify all
such adjacent property owners of the date when the Planning Commission
shall first consider prior to said meeting.
b.
In the case of a short term rental
unit within a multi-family structure (condominium or otherwise), such
notification must be provided to any condominium association and to
all condominium unit owners and tenants of units adjoining and immediately
across a hallway and those immediately adjacent on floors above or
below the short term rental unit.
4.
Upon approval, the host will receive
a permit number indicating that the property is eligible for listing
on a short term rental intermediary platform and shall apply for a
business license.
5.
Thereafter, annual registry through
business license is required (but not a new administrative approval
application or special use permit, unless the applicable special use
permit requires otherwise).
C. Zoning Districts For Short Term Rentals
— Distance Requirements.
1.
Only the following Zoning Districts
may be used for the operation of short term rentals:
a.
"R-1" Single-Family Dwelling District.
b.
"R-2" Single-Family Dwelling District.
c.
"R-3" Two-Family Dwelling District.
d.
"R-4" Multiple-Family Dwelling District.
e.
"R-5" High Density Multiple-Family
Dwelling District.
f.
"C-O" Office And Institution District.
g.
"C-S" Highway Service District.
h.
"C-1" Neighborhood Shopping District.
i.
"C-2" General Commercial District.
j.
"C-3" Central Business District.
D. Standards and conditions for non-owner
occupied properties as permitted in all applicable zoning districts:
1.
Short term rental non-owner occupied
regulations are applicable to all properties in zoning districts which
allow short term rentals under this Code.
2.
A certificate of occupancy shall
be obtained in accordance with this Code.
3.
The dwelling unit to be rented shall
be within a single-family, two-family, or multi-family structure.
4.
The unit must be located within the
principal building on the property and may not be located within an
accessory structure.
5.
In a multi-family structure, only
one (1) unit or twenty-five percent (25%) of total structure, whichever
is greater, may be used for short term rental.
6.
No more than two (2) persons over
eighteen (18) per each bedroom being rented plus one (1) additional
person per dwelling unit, may occupy the dwelling unit.
7.
The host may not enter into a contract
with more than one (1) party per unit during any given period.
8.
No food service may be provided by
the host.
9.
The City-issued short term rental
permit for such dwelling unit shall be on display in the interior
of the unit.
10.
No exterior evidence that the property
is being used as a short term rental shall be allowed, including signs.
E. Violation Of Section.
1.
The City may immediately suspend
the license or deny either the issuance or renewal thereof if the
owner is found in violation of the rules and requirements set forth
in this Section.
2.
It shall be a violation of this Section
for an owner to advertise, promote or to use a third-party intermediary
to advertise or promote a short term rental which is not in compliance
with the provisions of this Section.
[R.O. 2009 § 410.270; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 2), 7-31-1980]
A. The front yards heretofore established
shall be adjusted in the following cases:
1.
Where forty percent (40%) or more
of the frontage on one (1) side of a street between two (2) intersecting
streets is developed with buildings that have observed [with a variation
of five (5) feet or less] a front yard greater in depth than herein
required, new building shall not be erected closer to the street than
the front yard so established by the existing buildings. Where a building
cannot be erected as close to the street as is allowed by the district
regulations because of the provisions of this Subsection, the Governing
Body, upon petition signed by at least one (1) property owner in the
block affected and after report on the same by the Planning Commission,
may establish a front yard line for the block affected as close to
the street as allowed by the district regulations for that block.
2.
Where forty percent (40%) or more
of the frontage on one (1) side of a street between two (2) intersecting
streets is developed with buildings that have not observed a front
yard as described above, then:
a.
Where a building is to be erected
on a parcel of land that is within one hundred (100) feet of existing
buildings on both sides, the minimum front yard shall be an average
of the otherwise required front yard setback for the zoning district
and the line drawn between the two (2) closest front corners of the
adjacent buildings on the two (2) sides, or
b.
Where a building is to be erected
on a parcel of land that is within one hundred (100) feet of an existing
building on one (1) side only, the minimum front yard shall be an
average of the otherwise required front yard setback for the zoning
district and the actual front yard setback recognized by the subject
adjacent building.
[R.O. 2009 § 410.280; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 3), 7-31-1980; Ord. No. 1394 § 1, 8-11-1994; Ord. No. 1673, 8-14-1997]
A. Except as otherwise specifically provided
in other codes and regulations, the following regulations shall apply
to the construction of fences:
1.
No fence shall be constructed which
will constitute a traffic hazard or violate sight triangle standards.
2.
No fence shall be constructed in
such a manner or be of such design as to be hazardous or dangerous
to persons or animals.
3.
No person shall erect or maintain
any fence which will materially damage the adjacent property by obstructing
the view, shutting out the sunlight or hindering ventilation or which
fence shall adversely affect the public health, safety and welfare.
4.
No fence except fences erected upon
public or parochial school grounds or in public parks and in public
playgrounds shall be constructed at a height greater than eight (8)
feet other than in the front setback area where no fence shall exceed
a height greater than four (4) feet; provided, however, that the Board
of Adjustment may, by special use permit, authorize the construction
of a fence higher than eight (8) feet if the Board finds the public
welfare is preserved; provided further, that no fence in the required
front yard setback shall be constructed at a height greater than six
(6) feet.
5.
All fences shall conform to the construction
standards of the Building Code, if any.
6.
Fencing Materials And Design —
When Compliance Required By Non-Conforming Fences. When a fence is
required by these regulations for the purpose of separating zoning
districts or to provide a site barrier to the operations or facilities
conducted within the property, such fence shall be constructed only
of the following materials and according to the following design standards:
a.
Materials. Fences shall be constructed
only of solid decorative masonry, brick or stone bound with mortar;
louvered, solid or semisolid wood; or chain link with aluminum strip
intertwined; or other fencing which is substantially equivalent as
approved by the Board of Aldermen and which provides a site barrier.
For the purposes of these regulations, the term "semisolid" shall
mean a fence which, if an alternating, double-sided fence, has air-gaps
which do not exceed more than twenty-five percent (25%) of the fence
located between solid fencing materials and if a single-sided fence,
has air-gaps which do not exceed more than ten percent (10%) of the
fence located between solid fencing materials. All such gaps must
be spaced substantially the same distance apart and be of substantially
equal size along the entire length of the fence.
b.
Design. All fences shall be constructed
with a finished side facing outward from the property of the owner
required to construct the same. The posts and support beams shall
be on the inside and shall be designed as an integral part of the
finished surface. If the fence is painted, stained or otherwise colored,
the color shall be uniform throughout its length and on both sides
of the fence.
c.
Existing Fences. All fences which exist within the City erected on or before the effective date of this Subsection in compliance with these regulations as in effect on the date of construction or which was constructed prior to the effective date of these regulations and which do not comply with the material requirements set forth in Subsection
(A)(6)(a) of this Section or design requirements set forth in Subsection
(A)(6)(b) of this Section shall be made conforming within five (5) years from the effective date hereof; provided, that any fence, the construction of which was first started or which was completed after the date of the first publication of notice of hearing before the Planning and Zoning Commission on the adoption of this Subsection (as amended) (said date being July 20, 1994) and which does not conform to the provisions of Subsections
(A)(6)(a) and
(b) of this Section shall be made conforming within six (6) months after the effective date hereof.
7.
Maintenance Of Fences Required. All
fences required or authorized to be constructed pursuant to these
regulations (including those existing or under construction at the
effective date of this Subsection) shall be maintained by the owner
of the property erecting or required to erect the same. Such maintenance
shall include keeping the same straight and upright and the replacement
or repair of all damaged materials. If painted, fences shall be scraped
and repainted on both sides with such regularity as is required to
repair peeling or discoloration. Unpainted wooden fences shall be
either commercially sealed or if not so sealed, then with a wood sealer
or stained and in either case, shall be resealed or restained as required
in order to minimize deterioration.
8.
For the purpose of fencing regulations
as set forth in the supplemental district regulations and as set forth
in the Commercial and Industrial Zoning Districts of "C-S" Highway
Service District, "C-1" Neighborhood Shopping District, "C-2" General
Commercial District, "I-1" Light Industrial District and "I-2" Heavy
Industrial District, the word "boundary" as used in any fencing regulation
shall mean an exterior property line of a lot which lies between two
(2) additional exterior property lines. To constitute a separate boundary,
an exterior property line must change courses by an angle of forty-five
degrees (45°) or more and continue along a course that does not
again change by an angle of forty-five degrees (45°) or more for
a distance which is the greater of:
a.
The minimum width for a lot in the
residential district ("R-1," "R-2," "R-3," "R-4," "MHD" and "MHS")
which adjoins or is adjacent to a commercial or industrial tract which
is required to be fenced under provisions of "C-S" Highway Services
District, "C-1" Neighborhood Shopping District, "C-2" General Commercial
District, "I-1" Light Industrial District and of "I-2" Heavy Industrial
District; or
[R.O. 2009 § 410.290; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 4), 7-31-1980; Ord.
No. 3211 § I, 6-9-2015]
A. It is the intent of this regulation to
prevent the repair, remodel, assembly, disassembly or storage or standing
of any inoperable vehicle without a valid permit to work on the same,
other than in an enclosed garage other than in a district permitting
and regulating such occurrence.
B. A motor vehicle shall be determined as
inoperable when it does not have a current State license plate or
when it has a current State license plate, but is disassembled or
wrecked in part or whole and is unable to move under its own power.
C. Inoperable vehicles may be stored or may
stand only in a legally conforming auto wrecking yard or in a fully
enclosed storage structure in any district of these regulations.
D. Notwithstanding the foregoing provisions,
a property owner or tenant of a residential property may obtain a
permit for the temporary open parking or storage of an inoperable
vehicle for the purpose of repairing, remodeling, disassembly or assembly
of the same.
E. Permits authorized by this Section may
be obtained for periods not to exceed twelve (12) months; and inoperable
vehicles properly permitted pursuant to this Section are subject to
the following regulations:
1.
No more than one (1) inoperable vehicle
per property may be permitted for purposes of this Section at any
one time; and
2.
No inoperable vehicle may be permitted
for purposes of this Section for any period to exceed twelve (12)
months; and
3.
Upon obtaining a permit for an inoperable
vehicle for purposes of this Section, the holder of the permit must
commence the repairs, remodeling, disassembly or assembly of the same
within one-hundred-eighty (180) days of the issuance of the permit.
4.
Inoperable vehicles that have been
permitted for purposes of this Section may be parked or stored only
in driveway spaces or behind the front elevation of the principal
structure; and there will be no parking or storing of inoperable vehicles
in any street or yard in front of the principal structure.
5.
All inoperable vehicles that have
been permitted for purposes of this Section must be fully covered
with manufactured vehicle covers during all times wherein work is
not being performed on the same. Tarps, blankets, or homemade covers
may not be used to comply with the provisions contained herein.
6.
Inoperable vehicles that have been
permitted for purposes of this Section and that are parked or stored
behind the principal structure will be subject to all setbacks applicable
to accessory structures; and no inoperable vehicle permitted for purposes
of this Section will be parked or stored less than three (3) feet
from any adjacent property, whether public or private, in any event.
F. The Code Enforcement Officer may set forth
a fee schedule for the temporary permit authorized by this Section,
with the approval of the City Administrator; and such fee schedule
may be adjusted from time to time by the Code Enforcement Officer,
with the approval of the City Administrator. The application and the
fee schedule for the temporary permit authorized by this Section will
be available from the City Clerk's office.
G. Any permitted or unpermitted inoperable vehicle parked or stored in violation of the provisions of this Section will be deemed a public nuisance or declared a public safety hazard as the circumstances warrant; and such violations may be enforced pursuant to the applicable provisions of Sections
235.010 and
240.030 of the Bolivar Municipal Code. Additionally, the Code Enforcement Officer may revoke a holder's permit upon a violation of this Section. Before a permit may be repealed pursuant to these provisions, the Code Enforcement Officer will issue a notice providing the holder of the permit with the opportunity to commence work on the inoperable vehicle in a manner substantially similar to the procedures set forth in Section
500.375 of the Bolivar Municipal Code; and the holder of the permit may appeal the Code Enforcement Officer's decision in accordance with the procedures set forth in Section
500.378 of the Bolivar Municipal Code.
[R.O. 2009 § 410.300; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 5), 7-31-1980; Ord.
No. 3229 § I, 8-13-2015]
The occupancy of a space by a mobile
or manufactured home may be continued indefinitely; provided, however,
that any space occupied by a mobile or manufactured home that becomes
unoccupied, cannot be re-occupied by a structure that does not meet
the requirements of the zoning district in which the property is located.
[R.O. 2009 § 410.310; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 6), 7-31-1980]
The display, storage, sale or advertising
of merchandise, products or materials shall not be permitted on public
property, such as street rights-of-way, alleys or other public use
land unless as a temporary use approved by the Board of Aldermen as
required above. Any unapproved display, storage, sale or advertising
of merchandise, goods, products or materials shall be discontinued
and removed from the public premises immediately upon adoption of
these regulations.
[R.O. 2009 § 410.320; Ord. No. 782 § 1 (Zoning Regs. Art. 3 § 7), 7-31-1980; Ord. No. 2619, 4-13-1996]
A. A business, profession or trade conducted
for gain or support entirely within a residential building is subject
to the following use limitations:
1.
In All Residential Districts.
a.
No commodities shall be displayed
or sold on the premises except that which is produced and displayed
solely within the confines of the residential structure.
b.
No mechanical or electrical equipment
shall be used other than that which is normally used for purely domestic
or household purposes.
c.
No outdoor storage of materials or
equipment used in the home occupation shall be permitted.
d.
No structural alteration of the principal
residential building shall be made which changes the character thereof
as a residence.
e.
The home occupation shall be carried
on entirely within the principal residential structure and under no
circumstances shall the home occupation be carried on within a detached
accessory building or the unimproved areas of the premises.
2.
In the "R-1," "R-2," "R-3" and "MHS"
Residential Districts.
a.
No person shall be engaged in such
home occupation other than a person occupying such dwelling unit as
his/her residence.
b.
No manufacturing or processing of
any sort whatsoever shall be done and no stock-in-trade shall be displayed
or sold on the premises.
3.
In All Other Districts Permitting
Residents. No stock-in-trade except articles produced by persons occupying
such dwelling as their residence shall be displayed or sold on the
premises.
4.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of Subsections
(A)(1),
(2) and
(3) of this Section:
a.
Dressmakers, seamstresses and tailors.
b.
Music teachers, provided that instruction
shall be limited to no more than five (5) pupils at a time.
c.
Dance and drama instructors, provided
that instruction shall be limited to not more than ten (10) pupils
at one time.
d.
Artists, sculptors, authors and composers.
e.
Offices for architects, engineers,
lawyers, realtors, insurance agents, brokers and members of similar
professions.
f.
Ministers, rabbis and priests or
other recognized clergy.
g.
Offices for salesmen, sales representatives,
manufacturers' representatives when no retail or wholesale transactions
are made on the premises.
h.
Home crafts, such as model making,
rug weaving, lapidary work, etc., provided that no machinery or equipment
shall be used other than that which would customarily be used in connection
with the above home crafts when pursued as a hobby or avocation.
i.
Day-care homes, except that the care
provided to more than four (4) children but not more than ten (10)
children shall be subject to a special use permit issued by the Board
of Adjustment and a valid day-care License for such home issued by
the State of Missouri.
j.
Barbershops and beauty parlors.
5.
Particular Home Occupations Prohibited.
Permitted home occupations shall in no event include the following
(list is illustrative only and not intended to be exhaustive of prohibited
home occupational activities):
b.
Nursery schools, unless specifically
permitted by the district regulations.
f.
Tourist homes, unless specifically
permitted by the district regulations.
g.
Renting of trailers or equipment.
h.
Animal kennels or hospitals.
i.
Auto and other vehicle repair.
[Ord. No.
3764, 8-9-2022]
A. Street names shall be easy to read and
pronounce so that the public, and children in particular, can manage
the name in emergency situations.
B. All street names in exact or approximate
alignment with existing named streets shall bear the names of such
existing named street. All other street names shall be assigned names
which do not conflict with names of existing streets within the 911
dispatch area. The City of Bolivar shall establish and assign street
address numbers in accordance to the grid system.
C. Names of private and public streets and
rights-of-way shall be established by the Board after review by the
Planning and Zoning Commission.
D. It shall be unlawful for any owner or occupant
of any structure or parcel to which an official public or private
street name has been assigned to use any other name or temporary name.
E. The City Administrator shall cause signs
to be erected to mark the locations of public and private streets.
Private street name signs shall be different in color from those used
on public streets, or marked as a private drive.
F. The City Administrator may retire street
names or disallow certain spellings, due to overuse or if proposed
use of a particular name or spelling would be confusing. The list
of retired street names shall be published in the guidelines.
[Ord. No.
3764, 8-9-2022]
A. The process to change the name of a street,
public right-of-way or private street shall be as outlined in this
Section.
1.
City staff may initiate a request
to change a street name by filing an application with the Planning
and Zoning Commission.
2.
A majority of the property owners along an abutting street may propose that the name of the street be changed by filing a petition signed by a majority of the property owners along the street to the Planning and Zoning Commission. A filing fee shall be required for a petition to change the name of a street. This fee shall be paid at the time the petition is submitted to the City. The purpose of the fee is to cover the cost to process notices and shall be non-refundable. The fee shall be set out in the Section
415.110, Fee Chart.
B. All property owners abutting the street
proposed to be renamed shall be notified of the application or petition
to change the street name, and the date of the public hearing before
the Planning and Zoning Commission at least ten (10) days prior to
the hearing date. A notice of public hearing shall be published in
a newspaper of general circulation in the City at least fifteen (15)
days prior to the public hearing.
C. The Board of Aldermen, after receiving
a recommendation from the Planning and Zoning Commission, shall hold
a public hearing to consider the name change. Notice of public hearing
shall be published once in a local newspaper of general circulation
at least fifteen (15) days prior to the hearing. Following the Board
of Aldermen's public hearing, the Board of Aldermen may, by ordinance,
change the name of the street.
D. Upon the passage of an ordinance changing
the name of a street:
1.
A notice that the name of the street
has been changed shall be sent by certified mail to each property
owner and delivered to each building unit; and
2.
The City Clerk shall file with the
Recorder of Deeds of the appropriate County a certified copy of the
ordinance; and
3.
New street name signs shall be erected
as soon as practical following the passage of the ordinance, or upon
the effective date of the change, whichever is applicable. Both new
and previous street name signs may be displayed for one (1) year if
it serves the public interest.