City of Blue Springs, MO
Jackson County
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Table of Contents
Table of Contents
Note: All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City's Website.
Attachment 1 - Table 405.030-1 Use Table

Section 405.010 Permitted Building Types (Building Type Tables).

[Ord. No. 4558 §1, 8-3-2015]
A. 
Intent. This Section provides standards for a variety of building types. Building types address the scale, siting, and primary intended use of a building. The standards for different building types establish the relationship of buildings to the public realm, and the compatibility of types on a block or street. In combination with use standards, building type standards reinforce the character of different zoning districts.
B. 
Description Of Residential Building Types.
Table 405.010-1: Residential Building Type Descriptions
Detached House
A building designed to accommodate one primary dwelling unit on its own lot. Variations of this type based on scale and lot size include estate, large-lot, neighborhood lot, small lot and compact lot.
405 Res Detached House Estate.tif
Detached House - Estate
405 Res Detached House Large Lot.tif
Detached House - Large Lot
405 Res Detached House Neighborhood Lot.tif
Detached House - Neighborhood Lot
405 Res Detached House Small Lot.tif
Detached House - Small Lot
405 Res Detached House Compact Lot.tif
Detached House - Compact Lot
Duplex
A building designed to accommodate two primary dwelling units that share a common wall or floor/ceiling. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions. Variations of this type based on scale and lot size include standard lot and neighborhood lot. Other variations applicable to the Downtown Development code relate to configurations of the units and include flat over flat, paired house and tandem house
405 Res Duplex Standard.tif
Duplex - Standard
405 Res Duplex Neighborhood.tif
Duplex - Neighborhood
Rowhouse
A building type designed to accommodate 3 to 7 dwelling units where each unit is separated by a common side wall and each has its own private entrance. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall subject to platting restrictions.
405 Res Rowhouse.tif
Apartment
A building designed to accommodate multiple dwelling units accessed by a common lobby or halls, but each sharing a common entrance at the building frontage. Variations of this type based on scale and siting include:
• Walkup - a small footprint/small-lot building, two to four stories, designed for 3 to 12 dwelling units.
405 Res Apartment Walkup.tif
Apartment - Walkup
• Low-rise - a moderate footprint/moderate-lot building, two to four stories, designed for 6 to 24 dwelling units.
405 Res Apartment Low Rise.tif
Apartment - Low-rise
• Mid-rise - a large footprint/large-lot building, three to five stories with larger variations in special circumstances, designed for 24 to 120 units.
405 Res Apartment Mid Rise.tif
Apartment - Mid-rise
Apartment Complex
A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways and common open space. Variations are based on the density of dwelling units per parcel or lot area.
405 Res Apartment Complex.tif
Accessory Dwelling (Building)
A building designed to accommodate a secondary and subordinate dwelling unit on the same lot as a primary dwelling unit. While some accessory dwellings may be in the principle building of a detached house, a common variant is in a detached accessory building, subject to all of the lot and design standards of the district.
405 Res Accessory Dwelling Bldg.tif
Live/Work
A building designed for a primary dwelling unit but has a secondary component - typically at the building frontage - designed for a commercial and occupational function of the resident. Live/work buildings may be on an individual lot (most similar to a small mixed-use building) or attached by a common wall with other live/work buildings (most similar to a rowhouse).
405 Res Live Work.tif
Small Civic Building
A building designed for a small civic, institutional or public use, with the building design and site design creating compatibility with the residential scale and neighborhood character of the area.
405 Res Small Civic Bldg.tif
C. 
Permitted Buildings — Residential Zoning Districts. The permitted building types in each residential zoning district are indicated in the following table.
Table 405.010-2: Residential District Permitted Building Types
RE
SF-12
SF-7
TF
MF-10
MF-14
MF-18
N-L
N-O
Detached House - Estate
Detached House - Large Lot
Detached House - Neighborhood Lot
Detached House - Small Lot
Detached Lot - Compact Lot
Duplex - Standard Lot
Duplex - Neighborhood Lot
Rowhouse
Apartment - Walkup
Apartment - Low-rise
Apartment - Mid-rise
Apartment - Complex
Accessory Dwelling Unit
Live/Work
Small Civic Building
=
Permitted
=
Limited to specific location criteria in the Zoning District Standards, or discretionary through planned development applications.
D. 
Description Of Non-Residential Building Types.
Table 405.010-3: Non-Residential Building Type Descriptions
Live/Work
See residential building types.
405 Nonres Live Work.tif
Small Civic Building
See residential building types.
405 Nonres Small Civic Bldg.tif
Small Commercial
A building designed to accommodate a small retail, commercial, service or office function, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context.
405 Nonres Small Commercial.tif
Mixed Use
A building designed to accommodate ground floor retail or commercial use with frequent pedestrian interaction, and upper level residential, office or commercial uses that support the overall vitality of retail on the site or in the district. This building is typically 2 to 4 stories. Variations may include a small-footprint small-lot building designed for the potential of a common party wall or with very small setbacks, or buildings designed at the scale of a half-block with multiple tenancies and entrances particularly at street level (occupying the entire street frontage along a single block face).
405 Nonres Mixed Use.tif
Pad Site
A free standing building similar to a small commercial building, but on a larger lot that includes more space for frontage designs, landscape and buffers, and access and circulations. While pad site buildings are free standing, better planning and site design can allow a series of these buildings to create improved relationships with major streetscapes and also become screens or liner buildings for larger general commercial buildings which are set back from the public realm.
405 Nonres Pad Site.tif
General Commercial
A basic building type designed to accommodate retail, commercial, service or office functions in a variety of formats and scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use.
405 Nonres General Commercial.tif
Small Industrial/ Workshop
A building designed to accommodate a small light industrial, craft manufacturing or similar commercial use, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context.
405 Nonres Small Ind Workshop.tif
General Industrial
A building designed to accommodate light industrial or general industrial functions at a variety of scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use.
405 Nonres General Ind.tif
Prominent Civic Building
A building designed for a significant civic, institutional or public use, with the building design and site design creating a focal point for surrounding area.
405 Nonres Prominent Civic Bldg.tif
E. 
Permitted Building Types — Non-Residential Zoning Districts. The permitted building types in each non-residential zoning district are indicated in the following table.
Table 405.010-5: Non-residential District Permitted Building Types
NB
SO
GB
RC
LI
HI
PLOS
Live/Work
Small Commercial
Mixed-use
General Commercial
Pad Site
Small Industrial/ Workshop
General Industrial
Small Civic
Prominent Civic
=
Permitted
=
Limited to specific location criteria in Zoning District Standards, or discretionary through planned development applications.

Section 405.020 Residential Building Type Standards.

[Ord. No. 4558 §1, 8-3-2015; Ord. No. 4570 §2, 10-5-2015; Ord. No. 4585 §3, 2-16-2016]
The following standards apply to residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407.
Detached House — Estate Lot
Lot Size
Frontage width
150' min.
Area
1 acre min.; 3 acre for any permitted non-residential use
Setbacks
Front
50' min.
Side
25' min.
Corner side
50' min.
Rear
25' min.
Height
35' max.
Frontage Type
Yard and setback
Design and Performance Standards
Building coverage = 25% of lot area max.
Detached House — Large Lot
Lot Size
Frontage width
101' to 150'
Area
12,000 s.f. to 1 acre
Setbacks
Front
30' min.
Side
15' min.
Corner side
30' min.
Rear
30' min.
Height
35' max.
Frontage Type
Yard and setback
Design and Performance Standards
Building coverage = 35% of lot area max.
Detached House — Neighborhood Lot
Lot Size
Frontage width
66' to 100'
Area
7,200 s.f. to 12,000 s.f.
Setbacks
Front
25' min.
Side
8' min.
Corner side
25' min.
Rear
15' min.
Height
35' max.
Frontage Type
Yard and setback; terrace
Design and Performance Standards
Building coverage = 40% of lot area max.
Detached House — Small Lot
Lot Size
Frontage width
46' to 65'
Area
4,500 s.f. to 7,200 s.f.
Setbacks
Front
25' to 40'; up to 15' on blocks fronting neighborhood street types with terrace frontages.
Side
5' min.
Corner side
12' min.
Rear
25' min., except 4' for alley-loaded detached garages.
Height
35' max.
Frontage Type
Yard and setback; terrace
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type.
Detached House — Compact Lot
Lot Size
Frontage width
35' to 45'
Area
3,000 s.f. to 4,500 s.f.
Setbacks
Front
25' to 40'; up to 15' on blocks fronting neighborhood street types with terrace frontages or courtyard frontages.
Side
3' min.
Corner side
12' min.
Rear
25' min., except 4' for alley-loaded detached garages.
Height
35' max.
Frontage Type
Yard and setback; terrace; courtyard
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type. Compact lot houses may be arranged on a courtyard pattern with up to 8 units on a lot, provided the lot size shall be at least 0.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only.
Duplex — Standard Lot
Lot Size
Frontage width
81' to 100'
Area
9,000 s.f. min.
Setbacks
Front
50' min. on collector streets; 20' minimum all other streets.
Side
10' minimum, 20' minimum distance between buildings.
Corner side
20' min.
Rear
20' min., except 4' min. for alley-loaded detached garages.
Height
40' max., up to 3 stories.
Frontage Type
Yard and setback; terrace
Design and Performance Standards
Building coverage = 60% of lot area max.
Front-loaded and side-loaded garages shall be setback at least 50' from collector streets and 20' from all other streets.
Duplex — Neighborhood Lot
Lot Size
Frontage width
65' to 80'
Area
7,200 s.f. to 9,000 s.f.
Setbacks
Front
25' to 40'; up to 15' on blocks fronting neighborhood street types with terrace or courtyard frontages.
Side
8' min.
Corner Side
20' min.
Rear
20' min., except 4' min. for alley-loaded detached garages.
Height
35'
Frontage Type
Yard and setback; terrace; courtyard
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type.
Duplexes - neighborhood lot may be arranged on a courtyard pattern with up to 6 buildings (or 12 units) on a lot, provided the lot size shall be at least 0.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only.
Rowhouse
Lot Size
Frontage width
16' to 32'
Area
1,600 s.f. to 2,500 s.f.
Setbacks
Front
8' to 20'
Side
5' min.; 0' where party wall used.
Corner side
12' min.
Rear
20' min., except 4' min. for alley-loaded garages.
Height
40' max., up to 3 stories.
Frontage Type
Terrace; courtyard
Design and Performance Standards
Building coverage = 80% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type.
No more than 8 lots/units may be attached without a minimum 20' separation between adjacent buildings.
Rowhouses may be arranged on a courtyard pattern with up to 4 buildings units or 16 units on a lot, provided the lot size shall be at least .75 times the lot size required for each unit, and all setbacks shall be met on the external lot only.
Apartment - Walk-up
Lot Size
Frontage width
45' to 65'
Area
4,500 s.f. to 7,200 s.f.
Setbacks
Front
8' to 20'
Side
5' min.
Corner side
12' min.
Rear
20' min., except 4' min. for alley-loaded detached garages.
Height
40' max., up to 3 stories; except 4 stories may be approved by a conditional use process.
Frontage Type
Terrace; courtyard
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential Design Standards in Section 407.080 shall apply to all applications of this building type.
Buildings may include 3 to 12 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood.
Walk-up apartments may be arranged on a courtyard pattern with up to 6 buildings units or 36 units (whichever is less) on a lot, provided the lot size shall be at least .75 times the lot size required for each building, and all setbacks shall be met on the external lot only.
Apartment - Low-rise
Lot Size
Frontage width
66' to 150'
Area
7,200 s.f. to .5 acre.
Setbacks
Front
8' to 20'
Side
10' min.
Corner side
20' min., except 8' if street-facing facade designed to front facade standards.
Rear
20' min., except 4' for alley-loaded detached garages.
Height
40' max., up to 3 stories; except 4 stories may be approved by a conditional use process.
Frontage Type
Terrace; courtyard; frontage plaza
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type.
Buildings may include 6 to 24 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood.
Apartment - Mid-rise
Lot Size
Frontage width
150' min.
Area
.5 acre to 2 acres.
Setbacks
Front
20' min.
Side
20' min.
Corner side
20' min.
Rear
20' min.
Height
60' max., 3 to 5 stories; except up to 10 stories may be approved by a conditional use process.
Frontage Type
Terrace; courtyard; frontage plaza
Design and Performance Standards
Building coverage = 70% of lot area max.
Residential design standards in Section 407.080 shall apply to all applications of this building type.
Buildings may include 24 to 120 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood.
Apartment - Complex
Lot Size
Frontage width
n/a
Area
MF — 10 = 4,000 s.f. min. per ground floor dwelling unit.
MF — 14 = 3,000 s.f. min. per ground floor dwelling unit.
MF — 18 = 2,400 s.f. min. per ground floor dwelling unit.
Setbacks
Front
50' min. on collector streets; 20' minimum all other streets.
Side
10' min.; except 20% of lot width in the MF-10 District.
Corner side
10' min.; except 20% of lot width in the MF-10 District.
Rear
20' min., except 4' min. for alley-loaded detached garages.
Height
45' max., up to 3 stories, except up to 65' and 5 stories in the MF-18 District.
Frontage Type
Buffer edge
Design and Performance Standards
Building coverage = 60% of lot area max.
Front-loaded and side-loaded garages shall be setback at least 50' from collector streets and 20' from all other streets.
8 units per floor max.
MF-10 = 10 units per acre max.
MF-14 = 14 units per acre max.
MF-18 = 18 units per acre max.
Minimum separation of at least 20 feet from all buildings.
Minimum 40% developed as open space; and a minimum 10% developed as active open space.
Accessory Dwelling Unit
Lot Size
Frontage width
Accessory dwelling units are only allowed in association with the detached house building types, and accessory dwelling units in an accessory structure are subject to these standards as well as standards noted in Section 405.050(A)(12).
Area
Setbacks
Front
A minimum of 5 feet behind the rear building line of the primary building unless attached to, and located with a detached garage in which case a minimum of 10-feet behind the front building line.
Side
5' min.; except on estate lots then subject to the primary building standards.
Rear
5' min.; except on estate lots then subject to the primary building standards.
Side or rear, street facing
20' min.; except on estate lots then subject to the primary building standards.
Height
18' up to 1.5 stories; except never more than the primary building.
Building separation
Detached accessory dwelling units shall not be located closer than 5' to any other building.
Design and Performance Standards
Accessory building shall be designed to include the same materials, architectural design, massing and design details as the primary building.
The building footprint shall not exceed 50% of the primary building footprint, to a maximum of 700 s.f., and shall count toward the overall building coverage of the lot.
The total square footage of the dwelling unit shall not exceed 50% of the primary building square footage, to a maximum of 1,200 s.f.
Live/Work Building
Lot Size
Frontage width
25' to 60'
Area
2,000 s.f.
Setbacks
Front
0' to 10' when fronting on a designated activity street or in the NB district generally;
15' to 40' in all other cases
Side
5' min.; 0' where party wall used
Corner side
5' to 15'; except 0' when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
Rear
10' min., except 0' min. for alley-loaded lots
Height
15' to 30'; up to 2 stories
Frontage Type
Terrace; Courtyard; Frontage Plaza; Enhanced Streetscape Frontage
Design and Performance Standards
Transparency = 40% to 80% at street level; 15% to 40% on upper levels
Primary Entrance Feature = 1 per building frontage.
Building coverage = 70% max.
Parking for live/work buildings in residential neighborhoods shall be limited to no more than 4 spaces per site and/or on-street parking; any on-site parking shall be setback at least 30' from the lot frontage and at least 10' from side or rear property lines.

Section 405.030 Non-Residential Building Type Standards.

[Ord. No. 4558 §1, 8-3-2015; Ord. No. 4570 § 2, 10-5-2015; Ord. No. 4625 § 4, 6,11-21-2016]
The following standards apply to non-residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407.
Small Commercial Building
Lot Size
Frontage width
25' to 100'
Area
2,000 s.f. to 10,000 s.f.
Setbacks
Front
0' to 10' when fronting on a designated activity street or in the NB District generally;
0' to 45' in all other cases.
Side
5' min.; 0' where party wall used.
Corner side
5' to 15'; except 0' when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
Rear
10' min., except 0' min. for alley-loaded lots.
Height
15' to 30'; up to 2 stories.
Frontage Type
Terrace; frontage; plaza; enhanced streetscape frontage
Design and Performance Standards
Transparency = 50% to 80% at street level; 30% to 50% on upper story.
Primary Entrance Feature = 1 per building frontage.
No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation.
Building coverage = 90% max.
No surface parking shall be located in front of the front building line; any parking to the side shall be limited to no more than 30% of the lot frontage and screened at the front building line; all other parking shall be located behind the building or otherwise setback from the street at least 30' (Note: parking for small commercial buildings shall use the following priority: (1) on-street parking; (2) shared off-site or public parking areas; (3) parking to the rear and access off an alley or side street; (4) side parking areas.
Non-residential design standards in Section 407.090 shall apply to all applications of this building type.
Mixed Use Building
Lot Size
Frontage width
25' to 200', except an entire block frontage may be a single lot.
Area
2,000 s.f. to 20,000 s.f., except that an entire block frontage may be a single lot.
Setbacks
Front
0' to 10'
Side
5' min.; 0' where party wall used.
Corner side
5' to 15'; except 0' when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
Rear
10' min., except 0' min. for alley-loaded lots.
Height
28' to 45'; 2 to 3 stories.
Frontage Type
Enhanced street front; plaza frontage; courtyard; terrace.
Design and Performance Standards
Transparency = 50% to 80% at street level; 30% to 50% on upper story.
Primary entrance feature = 1 per 75' of building frontage; 1 per 50' on activity streets.
No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation.
Building coverage = 90% max.
Parking shall be designed so as to minimize the visual appearance of the parking area to the public right-of-way and shall meet the minimum standards of Section 407.010 except that shared parking for a mixed use development can occur for complementary uses such as parking for a use that has a peak parking demand during the daytime hours may share their spaces with a use that has a peak parking demand in evening hours, and these spaces can be counted towards the total parking requirement for each use separately.
Non-residential design standards in Section 407.090 shall apply to all applications of this building type.
General Commercial Building
Lot Size
Frontage width
75' minimum
Area
n/a
Setbacks
Front
0' to 10' when fronting on a designated activity street.
In all other cases: 20' in NB district; 25' in SO and GB Districts.
Side
0' if party wall is used.
In all other cases: 10' in NB and SO District; 20' min. in GB and RC Districts.
Corner side
0' to 10' on activity streets when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
In all other cases: 25'
Rear
25' min., except 0' min. for alley-loaded lots.
Height
45' max. in NB district; 60' max. in SO, GB, and SO Districts.
Frontage Type
Buffer edge; on activity streets, 1 of the other eligible frontage types is required.
Design and Performance Standards
Building coverage = 65% max.
Non-residential design standards in Section 407.090 shall apply to all applications of this building type.
Pad Site Building
Lot Size
Frontage width
75' to 200'
Area
Minimum 7,500 sq. ft.
Setbacks
Front
0' - 10' On Activity Streets or when fronting on any part of the Civic Open Space System.
10' -45' in all other cases.
Side
10' min.
Corner side
10' - 15'; except 0' - 10' when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
Rear
20' min., except 0' min. for alley-loaded lots
Height
15' to 30'.; up to 2 stories
Frontage Type
Terrace; Frontage Plaza; or Enhanced Streetscape Frontage Buffer Edge limited to Standard Streets
Design & Performance Standards
40% minimum front building line; 60% minimum on Activity Streets.
Transparency = 50% to 80% at street level if located on an Activity Street, 30% or more if located on any other type of street; 30% to 50% on upper story regardless of street type.
Primary Entrance Feature = 1 per building frontage on Activity Streets; side entrances may be permitted on other street types provided there is a direct pedestrian connection to the entrance from the street frontage.
Building coverage = 65% of lot area max.
Parking shall generally be located behind the front building line with an exception of up to 10% of the parking may be placed forward of the front building line. Parking directly in front of the building itself is generally discouraged.
Non-Residential Design Standards in Section 407.090 shall apply to all applications of this building type.
Small Industrial/Workshop
Lot Size
Frontage width
25' to 100'.
Area
2,000 s.f. to 10,000 s.f.
Setbacks
Front
0' to 10' when fronting on a designated activity street or in the NB District generally;
0' to 45' in all other cases.
Side
10" min.; 0' where party wall used.
Corner side
5' to 15'; except 0' when the first 30' of building frontage on the side street is designed to meet the standards of the front facade.
Rear
10' min., except 0' min. for alley-loaded lots.
Height
15' to 30'; up to 2 stories.
Frontage Type
Terrace; frontage plaza; enhanced streetscape frontage.
Design and Performance Standards
Primary entrance feature = 1 per building frontage; at least 15' on each side of the entrance shall have an enhanced facade design with 50% to 80% transparency and architectural ornamentation.
Building coverage = 70% of lot area max.
Parking shall be limited to no more than 12 spaces per site and/or on-street parking; any on-site parking shall be setback at least 15 feet from the lot frontage and at least 5 from side or rear property lines.
Non-residential design standards in Section 407.090 shall apply to all applications of this building type.
General Industrial Building
Lot Size
Frontage width
75' min.
Area
n/a
Setbacks
Front
40' min.
Side
20' min.
Corner side
40' min.
Rear
20' min.
Height
45' max. in LI district; 60 feet max. in HI District.
Frontage Type
Buffer edge.
Design and Performance Standards
Building coverage = 85% of lot area max.
Small Civic Building
Lot Size
Frontage width
50' to 150' in RE, SF-12, SF-7 Districts.
50' to 300' in all other districts.
Area
5,000 s.f. to 1 acre in RE, SF-12, SF-7 Districts.
5,000 s.f. to 2.5 acres in all other districts.
Setbacks
Front
20' to 50'
Side
25' min.
Corner side
25' min.
Rear
25' min.
Height
30' up to 2 stories; 60' up to 4 stories with a conditional use review or through planned development application.
Frontage Type
Yard and setback; terrace.
Design and Performance Standards
Building coverage = 50% of lot area max.
No parking shall be located within 25' of a street frontage or 10' of a side or rear property line.
Non-residential design standards in Section 407.090 shall apply to all applications of this building type.
Prominent Civic Building
Lot Size
Frontage width
150' min.
Area
2.5 to 5 acres; larger lot sizes permitted only as part of a campus plan through the planned development process that considers internal access and circulation with surrounding areas.
Setbacks
Front
20' to 50'
Side
25' min.
Corner side
25' min.
Rear
25' min.
Height
52' up to 4 stories; up to 75' may be permitted with a conditional use review or through planned development application.
Frontage Type
Yard and setback; terrace.
Design and Performance Standards
Building coverage = 50% of lot area max.
No parking shall be located within 25' of a street frontage or 10' of a side or rear property line. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Section 405.040 Permitted Uses (Use Table).

[Ord. No. 4558 §1, 8-3-2015]
Note — The Use Table is included as an attachment to this Chapter.

Section 405.050 Special Use Standards.

[Ord. No. 4558 §1, 8-3-2015]
A. 
The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted.
1. 
Agriculture, general. General agriculture uses shall require a minimum site area of three (3) acres.
2. 
Adult entertainment establishment.
a. 
Separation from other uses. No adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any RE, SF, TF or MF-zoned lot or within one thousand two hundred (1,200) feet of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned RE, SF, TF or MF or that contains the religious assembly, school or park and recreation use.
b. 
Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment use or within one thousand (1,000) feet of any bar or tavern.
c. 
Frontage and access. Adult entertainment establishments shall have at least one hundred (100) feet of street frontage on an arterial street. All vehicle access shall be taken from an arterial street.
d. 
Screening. The lot on which the use is located shall be screened by solid masonry wall, at least six (6) feet in height along all interior lot lines. A wall shall not be required in those areas where complete visual screening already exists.
e. 
Building and parking area setbacks. The minimum exterior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be twenty (20) feet. The minimum interior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be ten (10) feet.
f. 
Windows and doors. The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment.
g. 
Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted.
h. 
Site plans. Adult entertainment establishments shall be subject to site plan and design review, pursuant to Section 403.070.
3. 
Animal care, general and kennels. All outdoor animal runs shall be located at least seventy-five (75) feet from lot lines abutting SF-7 or less intensive zoning districts. Kennels shall require a minimum lot size of three (3) acres.
4. 
Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums.
a. 
Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion.
b. 
Landscape buffer. A landscape buffer shall be provided along all property lines abutting any SF-7 or less intensive district. Such buffers shall meet the standards of Section 407.040.
5. 
Communication towers. Communication towers shall be subject to the following standards.
a. 
Principal use. Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.
b. 
Setbacks.
(1) 
The minimum setback between communication towers and all property lines shall be equal to twenty percent (20%) of the height of the tower.
(2) 
Communication towers shall be set back a minimum of fifty (50) feet from any existing or planned right-of-way.
(3) 
Communication towers shall be set back a minimum of one hundred (100) feet from the lot line of any MF-18 or less intensive zoning district.
(4) 
Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any lot line and no closer than ten (10) feet from the lot line of an MF-18 or less intensive zoning district.
c. 
Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply.
d. 
Security fences and walls. A fence or wall not less than seven (7) feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.
(1) 
Access to the tower shall be through a locked gate in the required fence or wall.
(2) 
If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one (1) tree and one (1) shrub shall be required for each thirty (30) linear feet of fence line.
(3) 
If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE — DANGER."
e. 
Airport approach paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
f. 
Removal of obsolete towers. All obsolete or unused communication towers shall be removed within twelve (12) months of cessation of use.
g. 
Electromagnetic radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).
6. 
Compost facility. The following standards shall apply to all compost facilities.
a. 
Landscape buffer. Compost facilities shall be subject to the landscape buffer standards of Section 407.040, provided that the decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.
b. 
Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The Director of Public Works, Director of Community Development, Planning Commission, or City Council may require a traffic report to be submitted with the conditional use permit application.
c. 
Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site.
d. 
Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from the lot line of SF-7 or less intensive property.
e. 
Hours of operation. Uses shall not operate before sunrise or after sunset. When located within one thousand (1,000) feet of SF-7 or less intensive zoning the use shall not operate after 7:00 p.m. or before 8:00 a.m.
f. 
Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface. A dust suppression plan shall be submitted to minimize neighboring impacts during construction operations.
g. 
Stormwater management. A stormwater management plan meeting the requirements of Section 5600 of the City of Blue Springs Design and Construction Manual may be required at the discretion of the Director of Public Works.
h. 
Litter control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition, in accordance with Article II of Chapter 245 of the City Code.
i. 
Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.
j. 
Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material.
k. 
Other regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources or other agencies with applicable rules or regulations and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.
7. 
Convalescent care. At least seventy (70) square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.
8. 
Day Care (Limited, General and Commercial).
[Ord. No. 4585 §5, 2-16-2016]
a. 
Day care, limited (1-4). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 405.030(D). An Occupational License shall be required prior to the establishment of a limited day care.
b. 
Day care, general (5-10). General day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider.
(1) 
State licensing. General day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. Overlap care for up to three (3) persons shall be allowed if approved as a part of the license issued by the State.
(2) 
Residential districts. In the MF-18 and more restrictive districts, general day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the licensed day care provider, except that an assistant may provide care during necessary absences of the regular day care provider.
(3) 
Occupational license. An occupational license shall be required prior to the establishment of a general day care.
(4) 
Conditional use permit. A conditional use permit shall be required prior to the use being implemented in any residential zoning district.
c. 
Day care, commercial.
(1) 
State licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.
(2) 
Occupational license. An occupational license shall be required prior to the establishment of a commercial day care.
(3) 
Vehicle drop-off area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.
9. 
Golf courses and recreational facilities.
a. 
Location of restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.
b. 
Location of recreation facilities. Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least twenty-five (25) feet from the property line of any SF-7 or less intensive district.
10. 
Group home (limited or general). Group homes shall be subject to the following standards only when located in an MF-18 or more restrictive district.
a. 
Spacing. A group home to be located within a residential zoning district shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured as the shortest distance between any portion of the structure in which persons reside.
b. 
Exterior appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence if it is in an SF-7 or more restrictive district. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district if it is in an SF-7 or more restrictive district.
c. 
Neighborhood character. A group home constructed in an RE, SF or TF District shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.
11. 
Hospitals. Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion as determined by a traffic study.
12. 
Landfills and mining and quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:
a. 
Minimum site area. In the RE District, the uses shall require a minimum site area of thirty-five (35) acres.
b. 
Entrances. There shall be no more than one (1) entranceway from a public street for each six hundred sixty (660) feet of street frontage. A traffic report shall be required.
c. 
Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive property.
d. 
Separation from residential. No digging or excavating shall occur within one hundred (100) feet of any lot line or within three hundred (300) feet of the lot line of SF-7 or less intensive property.
e. 
Paving. All roads, driveways, parking lots and loading and unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit for adjoining lots and public roads the nuisance caused by wind-borne dust.
f. 
Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.
g. 
Buffers and fences. When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences.
A buffer shall be provided around the site in accordance with the standards of Section 407.040.
h. 
Stormwater management. A stormwater management plan shall be required.
i. 
Site restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to State and Federal requirements.
(1) 
Restoration plan. Before approval of a conditional use permit for an excavation use, the operator shall submit to the Director of Community Development a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five (5) feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.
The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.
(2) 
Bonds. Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the Planning Commission as to form, sufficiency and manner of execution, and shall run for the same term as the term of the conditional use permit and any renewals.
(3) 
Water quality. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere.
(4) 
Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan.
(5) 
Top soil and fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission.
(6) 
City, County, State and Federal standards. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, Environmental Protection Agency, and Federal Health Department requirements pertaining to facilities, equipment and other features.
13. 
Mobile homes, manufactured housing units and mobile home parks. Mobile homes and manufactured housing units shall be located only in mobile home parks that comply with the following standards.
a. 
Property development standards.
(1) 
Minimum park area: five (5) acres.
(2) 
Maximum density: seven (7) dwelling units per acre.
(3) 
Minimum perimeter setbacks: twenty (20) feet; thirty (30) feet when adjacent to rights-of-way and SF-7 or less intensive districts.
b. 
Streets. Private streets shall be permitted within mobile home parks, provided that they comply with the design standards of Section 406.010 and the City of Blue Springs Design and Construction Manual. Street signs that comply with all applicable City standards shall be provided.
c. 
Parking. A minimum of two (2) parking spaces shall be provided for each dwelling unit within the mobile home park. At least one (1) of the two (2) required spaces shall be located on or adjacent to each mobile home/manufactured housing unit space. Head-in parking bays may be permitted on private streets but shall be limited to cul-de-sac bays or other local street where fast moving traffic will not be a hazard. All common parking areas shall be paved in accordance with City standards, including parking spaces on individual mobile home spaces.
d. 
Recreation and open space. At least three hundred (300) square feet of common recreation and open space shall be provided per mobile home/manufactured housing site in the mobile home park. Such recreation and open space area shall be located no further than five hundred (500) feet from any mobile home site served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area.
e. 
Walkways. Walkways shall be required on one (1) side of all interior streets and accessways and shall provide connections between mobile home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four (4) feet in width and shall meet the design and construction requirements of Section 406.030.
f. 
Water supply. All mobile home parks shall be connected to a public water supply. The individual water service connections shall be provided at each mobile home space and the size, location and installation of water lines shall be in accordance with the requirements of the City Plumbing Code.
g. 
Sewage disposal. Individual sewer connections shall be provided for each mobile home space and shall be installed in accordance with the City Plumbing Code. All mobile home parks shall be connected to a public sewer system.
h. 
Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owners adjacent to and downstream of the mobile home park. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable City Codes and the City of Blue Springs Design and Construction Manual.
i. 
Underground utilities. All electric, telephone, and other lines from supply poles outside the park or other sources to each mobile home site shall be underground.
j. 
Fire protection. Mobile home parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park to satisfy regulations of the State Fire Marshall and the District Fire Chief.
k. 
Flammable liquid storage. The use of individual fuel oil or propane gas storage tanks to supply each mobile home separately shall be prohibited. Any fuel oil or gas storage shall be centrally located in underground tanks, at a safe distance from any mobile home site. All fuel lines leading to park and to mobile home sites shall be underground and so designed as to conform to the City Building Code and any State codes that are applicable. When separate meters are installed, each shall be located in a uniform manner.
l. 
Solid waste. All garbage and trash containers shall be placed in a conveniently located, similarly designed, enclosed structure. The removal of trash shall take place not less than once a week. Individual incinerators shall be prohibited.
m. 
Landscaping. A landscape buffer that complies with the standards of Section 407.040 shall be provided and maintained along all boundaries of a mobile home park except at established entrances and exits.
n. 
Mobile home spaces within mobile home parks. Individual mobile homes within mobile home parks and mobile home spaces within mobile home parks shall comply with the standards of this Section.
(1) 
Minimum size of mobile home space. Each mobile home space within a mobile home park shall contain at least three thousand (3,000) square feet of site area and be at least forty (40) feet in width.
(2) 
Access. Each space shall have access to a paved interior roadway. In no case shall access to mobile home spaces be provided from abutting property.
(3) 
Clearance. Each space shall be located so that at least ten (10) feet of clearance will be maintained between mobile home units and other structures in the park.
(4) 
Setbacks. Mobile home units shall be located at least fifty (50) feet from the centerline of interior streets and accessways. Mobile home units shall also comply with the perimeter setbacks of Section 405.050(A)(13)(a).
(5) 
Skirting. Uniform skirting of each mobile home base shall be required within thirty (30) days of placement of the mobile home. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile home so as to deter and prevent entry of rodents, reptiles and insects.
(6) 
Stands. Each mobile home site shall be provided with a stand consisting of a solid concrete pad not less than four (4) inches thick, and not more or less than the length and width of the mobile home to be placed upon it. This pad shall be so constructed, graded, and placed to be durable and adequate for the support of the maximum anticipated load during all seasons.
(7) 
Tie-downs. Each mobile home shall be supported on uniform jacks or locks and tied down as required by the City Code and State Law.
(8) 
Outdoor patio. An all-weather hard surfaced outdoor patio area of not less than one hundred eighty (180) square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities to provide suitable outdoor living space to supplement the limited interior spaces of a mobile home.
(9) 
Canopies and awnings. Canopies and awnings may be attached to any mobile home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the Codes Administrator, before such enclosure can be used for living purposes.
(10) 
Utility hookup. Each space shall have hook-up facilities for water, sewer, electricity, telephone and cable TV service. All occupied mobile homes shall have and use sanitary facilities contained wholly within the mobile home.
14. 
Recreation and entertainment, outdoor. Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least two hundred (200) feet from any adjacent SF-7 or less intensive district.
15. 
Neighborhood and community assembly.
a. 
Entrances. Any lot containing an assembly use shall have direct access to a collector or arterial street.
b. 
Assembly uses in any residential district or less intensive district shall place all utilities underground.
c. 
Building types. Assembly uses in any residential district shall be limited to the small civic building type, including the location criteria, standards and limits of that building type.
d. 
Bus parking. Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred (100) feet from the lot line of a lot zoned SF-7 or less intensive. Any such parking area shall be screened from view of adjacent SF-7 and less intensive districts by a landscape buffer that complies with the standards of Section 407.040.
16. 
Salvage yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards.
a. 
Separation from residential. No salvage yard shall be located within three hundred (300) feet of an SF-7 or less intensive district.
b. 
Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.
c. 
Loading/unloading. No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.
17. 
Solid waste collection/processing facilities. The following standards shall apply to solid waste collection/processing facilities.
a. 
Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.
b. 
Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.
c. 
Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened from view off-site as part of the operation.
d. 
Loading/unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition, in accordance with Chapter 245 of the City Code.
e. 
Separation from residential. No structures shall be located within three hundred (300) feet of SF-7 or less intensive property.
f. 
Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive zoning.
g. 
Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.
h. 
Stormwater management. A stormwater management plan may be required at the discretion of the Director of Public Works.
i. 
Other regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.
j. 
Time limit and renewal of conditional use permit. The conditional use permit shall be effective for one (1) year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the conditional use permit shall be established at the public hearing. The conditional use permit shall be revoked by the Director of Community Development if it is determined by the Director of Community Development that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.
18. 
Transitional living centers. Transitional living centers shall be subject to the following standards.
a. 
Size. No more than ten (10) persons, including staff, shall reside in the center at one (1) time.
b. 
Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school or SF-7 or less intensive property.
19. 
Vehicle/equipment sales, vehicle/equipment storage yards and vehicle repair (general). All vehicle and equipment storage areas and parking areas shall be surfaced with:
a. 
Five (5) inches of concrete;
b. 
Six (6) inches of asphalt; or
c. 
Three (3) inches of asphalt combined with eight (8) inches of aggregate base and subgrade base.
Any other pavement or surface material must be structurally equivalent to the above and determined by a licensed engineer in the State of Missouri to the satisfaction of the Director of Public Works, but all such areas shall be dust free.
20. 
Billboards and electronic billboards. A conditional use permit for a billboard or electronic billboard shall not be granted unless the billboard or electronic billboard complies with all applicable requirements of Chapter 501, Sign Code, and it is found that the proposed billboard or electronic billboard will:
a. 
Not eliminate an adequate supply of light or air to adjacent property nor endanger the safely of the public;
b. 
Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood;
c. 
Not block the view from any public way of legal signs previously existing on adjacent property;
d. 
Not be an obtrusive or incompatible sign that would injure the character of the neighborhood;
e. 
Not obstruct significant views and vistas;
f. 
Not obstruct vision where such obstruction could create a traffic hazard;
g. 
Be in keeping with the general spirit and intent of this Development Code; and
h. 
Be in compliance with all of the requirements for a structure in the zoning district in which it is proposed to be located.
21. 
Service station, automotive and vehicle repair (limited). The following regulations shall apply to all automotive service stations, vehicle repair (limited) uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station".
a. 
A traffic study shall be required for all automotive service stations. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns as outlined in the Public Works Design and Construction Manual, and the conditional use shall not be granted unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow.
b. 
If the applicant intends to remain open for business past 10:00 p.m., the City may require that the buffer type to be located between the business and any residentially zoned property shall be a "Buffer D" as set forth in Section 407.040 if vehicle headlights from any customer's vehicles entering, parking, standing, or exiting would shine on to the residentially zoned property.
c. 
If the site cannot be screened from residential property such that vehicle headlights will not shine on to residentially zoned property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the Planning Commission.
d. 
Applicants shall indicate whether said business will sell alcoholic beverages, maintain video games for use by customers, sell prepared food for consumption on the premises or off the premises, provide car washing services, perform mechanical repairs on motor vehicles, provide an automatic teller machine or sell grocery type items. The conditional use granted shall specify whether or not the business is authorized to perform any or all of these functions. In evaluating the conditional use pursuant to Section 403.060, the impact of any and all of the foregoing items on the surrounding area or its development may be considered. When parking is calculated for such a business, all of the various types of operations combined within that business shall be considered to assure that adequate parking is provided.
e. 
The design, location, covering, colors, and screening of the gas pumps, shall be such that they are compatible with the design of the building.
22. 
Recycling collection centers. The following standards shall apply to recycling collection centers.
a. 
Minor.
(1) 
Screening. All business activities and operations such as loading and unloading storage and the like shall be conducted wholly within a non-combustible building, except as allowed by Section 405.060(A)(5).
(2) 
Storage bins. No storage bins shall be placed outside the enclosed building except as allowed by Section 405.060(A)(5).
(3) 
Loading/unloading. No solid waste or recyclable materials shall loaded, unloaded, or otherwise placed either temporarily or permanently outside an enclosed building except as allowed by Section 405.060.
(4) 
Building orientation. Any building shall be oriented so that access doors for vehicles do not face public right-of-way or residentially zoned property unless there is an intervening building located between the use and the public right-of-way or residentially zoned property.
(5) 
Paving. There shall be a minimum paving setback of twenty-five (25) from any public right of way; thirty (30) feet from residentially zoned property; and ten (10) feet from non-residentially zoned property. All roads, driveways, parking lots and loading and unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.
(6) 
Maintenance. The property shall be maintained by the proprietor so as to ensure maximum safety to the public, obscure recyclables from normal view of the public, and preserve the general welfare of the neighborhood. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.
(7) 
Hours of operation. Uses shall not operate before 7:00 a.m., or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.
(8) 
Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.
(9) 
Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection center (minor) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.
b. 
Major.
(1) 
Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way by a six (6) foot to eight (8) foot tall, one hundred percent (100%) opaque, solid screen or will be wholly contained within a structure.
(2) 
Storage bins. Storage bins or trailers must be durable, covered and water tight and meet the setbacks of the underlying zoning district.
(3) 
Loading/unloading. No solid waste or recyclable materials shall be placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except for the loading/unloading of the storage bins.
(4) 
Separation from residential. No structures or bins shall be located within three hundred (300) feet of SF-7 or less intensive property.
(5) 
Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.
(6) 
Maintenance. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.
(7) 
Hours of operation. Uses shall not operate before 7:00 a.m. or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.
(8) 
Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.
(9) 
Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection centers (major) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.
23. 
Vehicle/equipment sales. The following standards shall apply to vehicle and equipment sales.
a. 
Paving area setback. There shall be a minimum of twenty-five (25) feet from the street right-of-way, thirty (30) feet from MF-14 or less intensive use, and ten (10) feet from GB, LI, HI.
b. 
Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on-site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street unloading area.
c. 
Driveways. The total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way.
d. 
Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.
e. 
Screening.
(1) 
All repair and service facilities shall be conducted within an enclosed building. Such repair and service facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building located between the use and the residential or public right-of-way. Such intervening building shall be located on site.
(2) 
The use of landscaped berms shall be incorporated whenever possible.
24. 
Car wash — vehicle repair (general and limited). The following standards shall apply to car washes and vehicle repair (general and limited).
a. 
Service bays and other vehicular use areas shall be designed so that they do not face any residential uses. The Director of Community Development may recommend, and the Planning Commission may approve an increase of the landscape buffer to protect neighboring residential property.
25. 
Vehicle rental establishments — standards for operation. The following standards shall apply to vehicle rental establishments as defined in Section 411.030(A)(5), outdoor sales and services - equipment. All other businesses that rent vehicles or equipment shall fall under vehicle/equipment sales and must comply with the standards set forth in Section 405.050(A)(23).
a. 
Inventory. All vehicles permanently stored on site must be in the agency's active rental fleet. The maximum number of vehicles to be stored on the site must be approved as part of the conditional use permit. No vehicle stored on site shall be greater than two (2) years of age or have a passenger capacity of greater than fifteen (15) passengers, except that no more than three (3) passenger vans with a twelve to fifteen (12 — 15) person capacity may be stored on the property for a period of time not to exceed twenty-four (24) hours.
b. 
Operable, dismantled or damaged vehicle. There shall not be any inoperable, dismantled or damaged vehicles outside of the building on the property (site) at any time.
c. 
Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040. The use of landscaped berms shall be incorporated whenever possible.
d. 
Maintenance. The operation shall be attended on days of operation to maintain the property in a clean and organized manner, such that automobiles are parked in an organized fashion, so the site will not to be considered by the City to be detrimental to adjacent properties.
e. 
Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.
f. 
Paving. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
g. 
Paving area setback. There shall be a minimum of twenty-five (25) feet on the street right-of-way, thirty (30) feet from SO or less intensive use and ten (10) feet from a GB, RC, LI or HI District. Vehicle storage or display area shall not encroach upon a required parking/paving setback.
h. 
Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street loading/unloading area. Vehicles stored on site must be contained in an appropriately paved area separate from required parking spaces. No vehicles shall be parked in any landscape area on the property or within the street right-of-way.
i. 
Screening. All automobile/vehicular maintenance services shall be conducted within an enclosed building. Only maintenance services, not repair services, shall be allowed on site. Such maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Section 407.040, excepting that said buffer shall have a minimum of forty-five (45) plant units per one hundred (100) linear feet of which a minimum of seventy-five percent (75%) shall be large deciduous or evergreen trees located between the use and the residential or public right-of-way. Such intervening building shall be located on site.
j. 
Fueling stations. Neither gasoline or fuel for rental or non-rental vehicles shall be kept, sold or dispensed on the site.
k. 
Separation from residential. No vehicular parking shall be located within thirty (30) feet of SF-7 or less intensive property.
l. 
Temporary signage. The use of temporary signage shall be kept to a minimum as determined by the City of Blue Springs and shall be in accordance with Chapter 501 of the City's Municipal Code.
m. 
Other regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Motor Vehicles and shall meet all City, County, State and Federal requirements pertaining to the facilities involved in vehicular rental practices.
n. 
Driveways and access. Driveways and roadway access shall be constructed and maintained in accordance with Section 407.020 and as directed and approved by the City's Public Works Director.
26. 
Short term loan service.
a. 
Separation from other uses. No short term loan service establishment shall be shall be allowed to locate or expand within two hundred (200) feet of any RE, SF, T-3, T-4, TF or MF zoned lot or within one thousand five hundred (1,500) feet of any school, elementary, middle or high, or parks and recreation use as those terms are defined in the City Code. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest lot line of the lot that is zoned RE, SF, TF, or MF or that contains the school, elementary, middle or high, or parks and recreation use.
b. 
Separation from other short term loan service. No short term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of any other short term loan service use or within one thousand five hundred (1,500) feet of any pawnshop or precious metal and gem dealer as they are defined in Section 605.010 and Section 615.010, respectively. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest lot line of the lot that contains the other short term loan service or the pawnshop or precious metal and gem dealer use.
c. 
Separation from City limits. No short term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of City of Blue Springs boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short term loan service establishment to the nearest City limits boundary line.
d. 
Limitation on number. Not more than one (1) conditional use permit for a short term loan service shall be issued per each increment of four thousand five hundred (4,500) persons that make up the population of the City of Blue Springs. The population of the City, for the purpose of this Section, shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January 1 of each year.
e. 
Site plans. Short term loan service establishments shall be subject to site plan and design review pursuant to Section 403.070.
27. 
Micro-wind turbines.
a. 
Micro-wind turbines (MWT) shall comply with all applicable regulations in Section 408.040.
b. 
Micro-wind towers shall only be allowed in conjunction with a conditional use permit (CUP) pursuant to the provisions of Section 403.060 of the UDC.
c. 
Micro-wind turbines in the Adams Dairy Parkway Overlay District do not require appearance review.
d. 
Individual monopole MWT towers shall not exceed sixty (60) feet above the ground, including the tower and blade radius. Use of lattice type towers or structures is prohibited.
e. 
Maximum aggregate wind turbine height for all MWTs on a parcel shall be two hundred (200) feet.
f. 
MWTs are limited to providing electricity up to ten (10) kilowatts.
g. 
MWTs shall be mounted on a freestanding monopole only. Building-mounted systems are prohibited.
28. 
Haunted house. (Note: These special use standards also apply in Zone T4 and Zone T5 of the DDC.)
a. 
Haunted house. Haunted houses must meet any and all the requirements for and provisions of assembly: Group A-3 buildings and occupancies and special amusement buildings (Sections 411.1 — 411.8) in the 2006 International Building Code as well as any future amendments thereto in the IBC and in instances where the requirements are different, the most restrictive requirements shall be met.
(1) 
Any retail services included within haunted houses shall be considered secondary to the primary use of entertainment purposes.
(2) 
Noise regulations. The use of loud speakers or other exterior amplification devices such that they are heard across a residential or commercial real property boundary is prohibited.
(3) 
The exterior lighting regulations of the Unified Development Code, Section 407.060 shall be applicable.
(4) 
Parking regulations.
(a) 
Indoor haunted houses: one (1) per four hundred (400) square feet.
(b) 
Outdoor haunted houses: Schedule C.
(5) 
Hours of operation. Uses shall not operate between 12:00 a.m. and 6:00 a.m.
(6) 
Out-of-doors security and crowd control. It shall be the responsibility of the operator of the haunted house/special amusement building to provide out-of-doors security and/or crowd control as deemed necessary by the City.
(7) 
The operator of a haunted house/special amusement building shall provide out-of-doors covered receptacles for trash and aluminum can/plastic bottle recycling as needed to control litter and to offer those waiting the opportunity to properly dispose of trash/recyclables.
(8) 
Signage is subject to the regulations defined in Chapter 501, Sign Code.
(9) 
As a condition precedent to a license being issued for operation of a haunted house use, the applicant shall furnish to the City a certificate of insurance, in a company approved by the Finance Director, meeting the following requirements:
(a) 
The policy shall provide for liability insurance with a combined single-limit policy of five hundred thousand dollars ($500,000.00).
(b) 
The City shall be added as an additional insured to such policy by separate endorsement and a copy of said endorsement shall be provided to the City.
(c) 
The policy shall contain a separate endorsement, if such an endorsement is available, requiring the insurance company to notify the City, in writing, of any material change in or cancellation of the policy at least ten (10) days prior thereto, but in any event the applicant shall notify the City of any impending cancellation, actual cancellation, termination or non-renewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation or non-renewal notice to applicant within two (2) business days of applicant's receipt of said notice.
(d) 
Before the license is issued or renewed, the permittee shall deposit with the City a certificate of insurance evidencing that the endorsements required by Subsections (b) and (c) of this Subsection have been issued.
29. 
Indoor shooting ranges. Indoor shooting ranges shall be subject to the following standards and requirements:
a. 
The use, occupancy and construction of the building shall be of materials that will contain all fired rounds within the confines of the building.
b. 
The use shall comply with the applicable State of Missouri Statutes relating to businesses and pollution control.
c. 
The use shall conform to applicable Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.
d. 
If retail sales and/or repair of firearms and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms and any other applicable State and Federal laws or regulations.
e. 
The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a professional engineer or architect registered in the State of Missouri and designed with consideration of most current edition of "The Range Source Book" as published by the National Rifle Association.
f. 
The certified plans shall include specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall also state what type and caliber of ammunition the range is designed to totally confine.
g. 
No ammunition shall be used in the range that exceeds the certified design and construction specifications for the firing range. Maximum design specification shall be posted inside the range.
h. 
An alarm system, cut-wire protected, shall be supplied to provide security for the general premises.
i. 
On-site supervision shall be supplied at all times that the range is open for business by an adult with credentials as a qualified range master.
j. 
The transport of firearms on the premises shall conform to State and Federal laws.
k. 
Persons under the age of eighteen (18) shall not be allowed in the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted in the premises.
l. 
The hours of operation for the range shall be limited to the hours of 6:00 a.m. to 11:00 p.m.
m. 
Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an indoor shooting range.
30. 
Outdoor shooting ranges. Outdoor shooting ranges shall be subject to the following standards and requirements:
a. 
The use shall comply with the applicable State of Missouri Statutes relating to businesses, noise, and pollution control.
b. 
On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master.
c. 
The transport of firearms on the premises shall conform to State and Federal laws.
d. 
Persons under the age of eighteen (18) shall not be allowed at the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted near the entry of the firing range.
e. 
Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an outdoor shooting range.
f. 
The applicant and/or owner of any outdoor shooting range shall provide the City with a detailed program explaining the hours of operation, range procedures, method of containment for projectiles and spent shell casings, and methods of disposal for lead and various other metals associated with the outdoor shooting range use.
g. 
The hours of operation for an outdoor shooting range shall be limited from 6:00 a.m., to 10:00 p.m., daily. Also, the use of any loudspeaker or similar device shall be limited to between the hours of 6:00 a.m., and 10:00 p.m.
31. 
Building Or Construction Contractor (With Machinery, Equipment, Or Storage). Building or Construction Contractor (with machinery, equipment, or storage) shall be subject to the following standards and requirements:
[Ord. No. 4625 § 7, 11-21-2016]
a. 
All storage of machinery and equipment shall be placed in the rear or non-street corner sides of the building and screened from street view and, if adjacent to less-intensive zoning districts, with an opaque fence between six (6) feet and eight (8) feet tall to screen the storage area. Screening shall be coordinated with the building to maintain a unified appearance.
b. 
Storage areas located further than three hundred (300) feet from the street or adjacent properties and not readily visible from the street or adjacent properties need not provide screening.

Section 405.060 Accessory Uses.

[Ord. No. 4558 §1, 8-3-2015]
A. 
Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code.
1. 
Residential accessory uses. Residential uses shall, include, but not be limited to, the following accessory uses, activities and structures:
a. 
Fences and walls, subject to Section 407.040;
b. 
Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than five percent (5%) of the total lot area;
c. 
Gardens;
d. 
Gates and guard houses;
e. 
Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units;
f. 
Home occupations, subject to Section 405.060(A)(4);
g. 
Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than five percent (5%) of the total lot area. Storage buildings that have been converted from a wheeled trailer, a portable storage container or a roll-off trash container, as the latter two (2) are defined in Chapter 270 of the Code of Ordinances, are unlawful and shall not constitute a residential accessory use;
h. 
Radio and television receiving antennas and support structures, subject to the partial height exemption of Section 411.020(H)(3)(e);
i. 
Recreational and play facilities for residents;
j. 
Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property, right-of-way or obstruct any sidewalks. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in a calendar year;
k. 
Storm shelters and fallout shelters;
l. 
Accessory living units not exceeding seven hundred fifty (750) square feet or ten percent (10%) of the total lot area, whichever is less. Accessory living units shall count towards the total allowable area for accessory structures on a property. Only one (1) accessory living unit is allowed per residential lot and only as accessory to a principal structure; and,
m. 
Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility.
2. 
Non-residential accessory uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures:
a. 
Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;
b. 
Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;
c. 
Fences and walls, subject to Section 407.040;
d. 
Gates and guard houses;
e. 
Offices for allowed business and industrial uses when the office is located on the same site as the principal use;
f. 
Parking garages and off-street parking areas;
g. 
Radio and television receiving antennas which only receive and do not transmit, and support structures, subject to the partial height exemption of Section 411.020(H)(3)(e);
h. 
Restaurants, newsstands, gift shops, specialty shops associated with the use, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building or a parks and recreation location or facility, government service, religious assembly or golf course use;
i. 
Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;
j. 
Recycling collection stations, subject to Section 405.050(A)(22);
k. 
The storage of merchandise when located within the same building as the principal business; and
l. 
Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility.
3. 
Accessory use development and operational standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided.
a. 
Front yard or street side yard setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section 407.040(D)(3).
b. 
Rear yard setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section 405.020, Accessory Dwelling Unit. A street facing rear yard shall be required to setback accessory structures a minimum of eight (8) feet except accessory dwelling units which shall be subject to the provision of Section 405.020, Accessory Dwelling Unit.
c. 
Side yard setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory structures, other than accessory dwelling units, fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side property lot lines and shall be located no closer than ten (10) feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a street facing side yard setback, shall be setback at least eight (8) feet from the side property lot line, except for accessory living units which shall meet the minimum setback requirements of Section 405.020, Accessory Dwelling Unit.
d. 
Setbacks from easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility.
e. 
Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.
f. 
Building separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.
g. 
Building coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area unless otherwise specifically provided. Accessory buildings and structures shall be included in the calculation of total building coverage.
4. 
Home occupations. Home occupations shall be allowed as an accessory use in any MF-18 or less intensive zoning district, subject to the standards of this Section.
a. 
Permit. No home occupation shall be conducted until an application for a home occupation permit is reviewed and approved by the Director of Community Development. A home occupation permit shall be issued only to a resident of the dwelling unit in which the home occupation is to be conducted. Home occupation permits shall not be transferable and shall not run with the land; they shall expire upon sale or transfer of the property to a new owner.
b. 
Location and size. Home occupations shall be operated entirely within the principal residential building and shall not occupy more than twenty-five percent (25%) of the total floor area of the principal residential building.
c. 
Outdoor storage and exterior appearance. There shall be no visible exterior evidence of the conduct of a home occupation including signage. Specifically, no outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation.
d. 
Employees. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as their residence, provided that in the case of a limited day care facility, one (1) assistant not residing in the home shall be allowed as a substitute for the day care provider during necessary absences of the day care provider.
e. 
Operational standards. No equipment shall be used that creates a nuisance due to noise or electrical interference. Home occupations shall be subject to the operational performance standards of Section 407.050.
f. 
Parking. Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted within a required setback, other than in a driveway. In no event shall required setbacks be used for off-street parking to serve a home occupation.
g. 
On-site product sales. No products shall be sold directly to customers from the premises.
h. 
Prohibited home occupations. In no event shall any of the following uses or activities be conducted as a home occupation. This list of prohibited activities is listed for emphasis only and does not constitute an exhaustive list of prohibited activities:
(1) 
Funeral services;
(2) 
Retail sales and service that involves direct product sales or service to customers from the premises;
(3) 
Hotel/motel;
(4) 
Bed and breakfast inn, except in the H-O District;
(5) 
Vehicle or equipment sales, rental or repair; or
(6) 
Medical offices.
5. 
Recycling collection stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards.
a. 
Maximum size and approval required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed five hundred (500) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Section 403.070.
b. 
Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a minimum six (6) foot tall, one hundred percent (100%) opaque, solid screen or be wholly contained within a structure. At no point may a storage container surpass the height of its screening element.
c. 
Separation from residential. Recycling collection station structures shall be located at least one hundred fifty (150) feet from adjacent property zoned SF-7 or less intensive.
d. 
Reverse vending machines. Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes. Reverse vending machines for the sale or collection of phones, iphones, smart phones or similar devices shall not be allowed.
e. 
Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling site in a clean and safe condition and shall pick up any recycle materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.
f. 
Hours of operation. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Director of Community Development.
g. 
Signs. A directional sign indicating the location of the recycling structure shall be no larger than six (6) square feet and shall be located as indicated on the site plan.
h. 
Storage bins. Storage bins or trailers must be durable, covered, and water tight and meet the setback of the underlying zoning district.
6. 
Single-bay, automatic car washes. Single-bay car washes shall be allowed as an accessory use in a service station (automotive) or vehicle and equipment sales use in accordance with the following standards:
a. 
Bay doors or car wash entrances shall be designed so that they do not face residential uses.

Section 405.070 Temporary Uses.

[Ord. No. 4558 §1, 8-3-2015]
A. 
Permits. The Director of Community Development is authorized to issue a permit for a temporary use within any zoning district provided it meets the requirements of this Section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of public health, safety and traffic and to avoid creation of a nuisance or violation of other City Codes. The Director of Community Development may require such assurances or guarantees of compliance with conditions as are reasonable and appropriate under the circumstances.
B. 
Temporary Uses Permitted. Temporary uses include but are not limited to the following:
1. 
Seasonal and holiday sales.
a. 
NB and more intensive districts. The Director of Community Development may approve seasonal and holiday sales activities, such as fireworks and Christmas tree sales areas and farm produce sales stands as temporary uses in NB and higher intensity zoning districts for no more than sixty (60) days within a calendar year. Such activities may occur within required exterior setbacks, provided that no display will encroach into a required exterior setback by more than fifty percent (50%) of the required setback depth and no display or equipment shall be located within a required sight triangle (See Section 407.020(D)(3)).
b. 
Farm produce. Stands for the sale of farm produce grown on the premises shall be an allowed temporary use in any zoning district. Structures incidental to such sale need not comply with the applicable exterior setback requirements provided that no such structure shall be located within a required sight triangle (See Section 407.020(D)(3). All such structures shall be removed or moved out of the exterior setback at the end of the season during which they are used.
2. 
Contractor's office. A contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project shall be permitted temporary uses for the duration of construction. Such use shall be exempt from setback standards of the underlying zoning district.
3. 
Real estate sales office. Real estate offices (containing no sleeping or cooking accommodations unless in a model dwelling unit) shall be permitted temporary uses when incidental to a new housing development. Such offices may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the setback requirements of the underlying zoning district, provided that a site plan showing the proposed sales office location and parking layout is approved by the Director of Community Development.
4. 
Special events, carnivals and circuses. A carnival or circus shall be a permitted temporary use in an RE, NB, GB, CB, LI or HI District for a period that does not exceed three (3) weeks. Such use need not comply with the setback requirements of the underlying zoning districts, provided that no structures or equipment shall encroach into a required setback by more than fifty percent (50%) of the required setback depth. In no event shall any structure or equipment be located within a required sight triangle.
5. 
Housing. During construction of the principal residential structure, a camper or mobile home may be used for temporary housing for a period not to exceed six (6) months provided that the lot on which the camper or mobile home is located is not less than three (3) acres in size and the sanitary provisions are approved by the Director of Public Works. The Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood, provided that the mobile home is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner.

Section 405.080 Non-Conformities.

[Ord. No. 4558 §1, 8-3-2015]
A. 
General.
1. 
Purpose. The purpose of the regulations of this Chapter is to establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Development Code. The regulations address the following types of non-conformities:
a. 
Non-conforming uses. Uses legally established prior to November 18, 1996, that do not conform with the use regulations of the district in which the use is located are referred to as "non-conforming uses".
b. 
Non-conforming structures. Buildings and structures, not including signs, legally established prior to November 18, 1996, that do not conform with the property development standards of the zoning district in which the use is located are referred to as "non-conforming structures".
c. 
Non-conforming signs. Signs legally established prior to November 18, 1996, that do not conform with the sign regulations of Chapter 501 are referred to as "non-conforming signs".
2. 
Policy. It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Development Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Development Code as is reasonably practicable, all subject to the limitations of this Chapter. The limitations of this Chapter are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.
3. 
Authority to continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Chapter.
4. 
Determination of non-conformity status. The burden of establishing that a non-conformity lawfully exists is to be the owner's burden and not the City's.
5. 
Repairs and maintenance. Repairs and normal maintenance required to keep non-conforming uses, non-conforming structures and non-conforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance.
6. 
Change of tenancy or ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity.
B. 
Non-Conforming Uses. Non-conforming uses shall be subject to the following standards.
1. 
Enlargement. No non-conforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on November 18, 1996, and no additional accessory use, building or structure shall be established on the site of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on November 18, 1996.
2. 
Relocation. No non-conforming use shall be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.
3. 
Discontinuance and abandonment. If a non-conforming use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Development Code for the district in which such parcel or lot is located.
4. 
Damage or destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.
5. 
Change in use. A non-conforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development, with an appeal to the Board of Adjustment. A non-conforming use, if changed to a conforming use or less intensive non-conforming use, may not thereafter be changed back to a less conforming use than that to which it was changed.
6. 
Residential uses in non-residential districts. The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in an NB or more intensive district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.
7. 
Accessory uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.
8. 
Outdoor storage, recycling collection stations, recycling collection centers and solid waste collection and processing facilities. A non-conforming use of land for outdoor storage for the sale of merchandise may be continued only until July 18, 1996, after which time the use shall be brought into full compliance with the use regulations of the underlying zoning district. Any non-conforming recycling collection station, recycling collection center or solid waste collection or processing facility shall, by July 18, 1996, be made to comply with all of the provisions of this Development Code or be removed.
9. 
Redevelopment seeking deviations, modifications and/or waivers pursuant to Section 403.190. Redevelopment (as such term is defined in Section 403.190(D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.190 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed will, from the date of issuance of a certificate of occupancy, have legal non-conforming status pursuant to this Section, but also shall be subject to all the provisions hereof.
C. 
Non-Conforming Structures. Non-conforming structures shall be subject to the following standards.
1. 
Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of non-conformity shall be made by the Director of Community Development with an appeal to the Board of Adjustment.
2. 
Damage or destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained within six (6) months, and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. The determination of such reduced structural valuation shall be made by the City.
3. 
Relocation. Non-conforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.
4. 
Redevelopment seeking deviations, modifications and/or waivers pursuant to Section 403.190. Redevelopment (as such term is defined in Section 403.190(D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.190 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.
D. 
Non-Conforming Signs.
1. 
Policy. It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of Chapter 501.
2. 
Non-conforming signs protected. A sign which was lawfully erected prior to November 18, 1996, but which does not comply in one (1) or more respects with the requirements of Chapter 501 may remain in use, subject to all other applicable requirements of this Development Code.
3. 
Signs offered additional protection. Existing institutional bulletin boards and signs, building markers, directional signs, subdivision entrance signs and incidental signs shall not be affected by the other parts of this Section, except that should said signs be removed, replaced or substantially altered, they shall be brought into conformity with Chapter 501.
4. 
Limitations on non-conforming signs.
a. 
Change of copy or the substitution of panels or faces on non-conforming signs shall be permitted. Repairs and maintenance of non-conforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted.
b. 
It shall be unlawful to enlarge, structurally alter or move off premises any existing sign, except in accordance with the provisions of Chapter 501.
c. 
Any non-conforming sign that ceases being used or ceases being leased for a continuous period of one (1) year shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501.
d. 
Any non-conforming sign that pertains to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501.
e. 
Any time that a building permit is issued for work on a building on a lot where such work enlarges the building floor area by more than twenty percent (20%), or involves work with a permitted value equal to one-half (1/2) or more of the taxable value of the building or structure then located on the lot, any non-conforming signs on the property shall be brought into compliance with the provisions of Chapter 501 as part of the construction project with such work to be completed before permanent occupancy of the new or remodeled premises.
5. 
Treatment in master signage plan. The master signage plan shall contain a proposed plan for treatment of non-conforming signs on a property as new signs are added. The following principles shall control such a proposed plan:
a. 
Any addition of new signage to a property should be offset by a proportionate reduction in the amount of non-conforming signage on the property. That is, if a new sign will account for ten percent (10%) of the permitted signage on the property, then the non-conforming signage on the property should be reduced by at least ten percent (10%) at the time that the new signage is installed.
b. 
For any property for which the master signage plan contains provisions consistent with Chapter 501, existing non-conforming signs on the property may be disregarded in computing the maximum total sign area permitted on the property.
6. 
Redevelopment seeking deviations, modifications and/or waivers pursuant to Section 403.190. Redevelopment (as such term is defined in Section 403.190(D)(2) of this UDC) which is completed in accordance with any approved redevelopment modification plan pursuant to Section 403.190 shall not be deemed to violate the limitations on non-conforming signs provision of Section 409.040(D)(5). Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.
E. 
Other Non-Conformities.
1. 
Applicability. The types of other non-conformities to which this Section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other non-conformities not involving zoning district use or property development standards.
2. 
Enlargement or change in use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty-five percent (25%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Development Code.
3. 
Redevelopment seeking deviations, modifications and/or waivers pursuant to Section 403.190. Redevelopment (as such term is defined in Section 403.190(D)(2) of this UDC) which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.190 shall not be deemed to violate the enlargement or change in use provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.
F. 
Non-Conformities Created By Public Action. When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Development Code without resort to the Board of Adjustment.