[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Street Right-Of-Way. Land dedicated to street right-of-way shall not be included in computing minimum lot area. However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the subdivision ordinance is decreased below the minimum area required in the applicable zoning district, development rights shall not be denied.
B. 
Future Street Lines. Where a line has been established for future widening or opening of a street upon which a lot abuts, the required yard space shall be measured from the established future street line. Required yard space shall be measured from private streetway easement boundaries or from street maintenance or other street-related easements where such easements abut public right-of way.
[Ord. No. 2006.19 §1, 6-12-2006]
No person shall allow any vegetation (trees, shrubs, grasses, etc.) or any other object, including a sign of any type, to be so located as to unreasonably obstruct the view of approaching or cross traffic at any street location. An obstruction within the triangle formed on each side of which is thirty (30) feet along the street from the outer edge of the intersection and the hypotenuse is presumptively in violation of this Section.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Temporary Structures. Temporary structures, as set forth below, which are to be used in connection with the development and sale of a tract of land may be erected or located on said tract prior to and may remain thereon during the construction or development period, provided that no temporary buildings or trailers shall at any time be located closer than twenty-five (25) feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located. Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall be required for buildings or trailers permitted in this Section.
1. 
Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after voluntary suspension of work on the project or development after revocation of building permits or on order by the Building Inspector upon finding that said temporary structure is deemed hazardous to the public health and welfare.
2. 
Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract within thirty (30) days after all lots or dwelling units have been sold, rented or leased.
B. 
Temporary Uses.
1. 
Christmas tree sales. Christmas tree sales in any business or industrial district shall not exceed thirty (30) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.
2. 
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
3. 
Real estate office. Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
4. 
Seasonal sales. Seasonal sale of farm produce grown on the premises in an "AG" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
5. 
Carnivals and circuses. A carnival or circus, but only in the "C-1", "C-2", "M-1" or equivalent planned districts and then only for a period that does not exceed three (3) weeks.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
This Section sets forth regulations regarding certain activities as being accessory to the main use of the premises. An activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to and a customarily incidental part of the main use of the property.
1. 
Accessory uses not enumerated. All accessory uses not enumerated in Table 4.1 may be permitted as an accessory use only if the use clearly satisfies the criteria contained in the definition of accessory use and the criteria contained in this Section. All accessory uses that do not clearly satisfy these requirements shall be permitted only by conditional use permit.
2. 
Relationship to principal use.
a. 
No accessory use or structure shall be allowed on any lot unless it is an accessory use to an existing principal use on the lot on which it is to be located.
b. 
Residential accessory structures shall not be rented or occupied for financial consideration.
c. 
Canopies or awnings on accessory uses or structures shall conform to the minimum building setback requirements for principal buildings in the applicable zoning district.
d. 
When an accessory building is attached to the principal building by a breezeway, passageway or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use, except as specifically provided in this Article.
e. 
Non-residential accessory structures shall be used only by the owner or tenant of the premises or the owner's or tenant's employees.
3. 
Time of construction. No accessory building or structure shall be constructed on any lot prior to construction of the principal building to which it is accessory.
4. 
Location of accessory structure or uses.
a. 
No detached accessory building hereafter constructed shall be closer than eight (8) feet from any side or rear lot line.
b. 
No detached accessory structure shall occupy a required front yard setback.
c. 
No detached accessory structure shall be located within ten (10) feet of any dwelling existing or under construction on the lot. Any accessory structure located within ten (10) feet from a principal building shall be considered as part of the principal building and shall have the same required side and rear yard setbacks as the principal building.
d. 
No accessory building shall be closer than twenty-five (25) feet to any public right-of-way and five (5) feet from alleys.
e. 
No accessory use including, but not limited to, patios and parking areas shall be located within three (3) feet from any interior, side or rear property line. This shall include the storage of boats, personal watercrafts, motorcycles, RVs, trailers, etc.
f. 
No patio shall be located within twenty-five (25) feet from any public right-of-way.
g. 
A detached accessory building may be connected with the principal building by a covered passage, open on each side, not more than six (6) feet wide inside, the roof of which is not more than ten (10) feet high at its highest point and is not an extension of the roof of the principal building.
5. 
Maximum area and height.
a. 
No single detached building, structure or use accessory to any residential use shall occupy more than ten percent (10%) of the total area of the zoning lot. This includes, but is not limited to, driveways, patios, decks, pools and detached garages.
b. 
No detached accessory structure shall exceed twenty-five (25) feet in height.
c. 
No more than one (1) storage building shall be permitted per dwelling in the City's "R-1", "R-2" or equivalent planned districts.
d. 
No structure for storage, other than automobile storage, that is accessory to a residential building shall exceed four hundred (400) square feet in gross floor area, unless permitted by a conditional use permit. The use shall be in keeping with the principal structure and no part of such structure shall be located in the front yard setback.
e. 
A detached garage shall have a gross floor area of no more than the floor area of the principal structure.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A fence up to six (6) feet in height may be built on the property line of adjoining property owners with written permission of such adjoining property owners, provided that all support structures for said fence face the builder's property and the fence shall be attractive, sturdy, safe, uniform and of even dimension. If adjoining owners do not give written permission for the building of the fence, the person proposing to build the same may do so provided the builder of the fence provides a legally admissible land survey locating the back lot boundary line and the side lot boundary lines and, provided further, that such fence is so constructed that the support structure faces the builder's property and the fence is attractive, sturdy, safe, uniform and of even dimension.
B. 
No fence shall be located within thirty (30) feet of any street intersection.
C. 
Fencing, when permitted in the front yard, must not exceed four (4) feet in height and shall be open in at least thirty percent (30%) along the total vertical surface plane as measured in lineal feet along its entire perimeter. No fence located in a front yard shall be designed to completely block views of the primary facade of any use.
D. 
A privacy fence, with required setback from the property line, can be totally enclosed as long as all support structures for said fence are concealed from the neighbor and the privacy fence does not encroach in the required front yard. Privacy fences may be up to six (6) feet in height.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
In order to protect the integrity of existing housing stock and to protect the public from hazards inherent in overcrowding in residential property, it shall be unlawful for any person to alter or cause to be altered any existing structure or portion thereof to increase the number of dwelling units on any parcel of land.
B. 
Residential structures located in the "C-1" and "C-2" zoning districts may be converted to commercial use, subject to the conditional use permit process and subject to the following additional regulations:
1. 
No alterations shall be made to the building exterior except for those required to bring the building into compliance with the accessibility standards;
2. 
Off-street parking shall be restricted to the rear of the building;
3. 
Only one (1) accessory structure shall be permitted on the property and shall be used for storage purposes only;
4. 
No exterior storage, placement of materials or display of goods shall be permitted; and
5. 
Signage shall comply with the Sign Code, Article VII of this Zoning Code.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Intent And Purpose. The provisions of this Section are intended to protect property values and enhance community appearance in keeping with the goals of the Comprehensive Plan of the City of Desloge.
B. 
Application Of Regulations.
1. 
These regulations shall apply in addition to the other regulations of the underlying zoning districts.
2. 
These regulations shall not apply to single- or two-family residences or to agricultural uses.
3. 
The building and construction standards of this Section apply to all buildings which lie, in whole or in part, within one hundred fifty (150) feet of Highway 67, Highway 8, State Street, Highway P and the area bounded by the centerlines of Locust Street, Lincoln Street, Olive Street and Desloge Drive, also known as Downtown Desloge.
C. 
Minimum Exterior Building Material Standards. A minimum of seventy-five percent (75%) of each exterior wall, excluding windows and doors, shall consist of the following materials:
1. 
Masonry, provided that no wall facing a public street be constructed with a plain faced concrete block facade.
2. 
Concrete panels, provided that it be exposed aggregate, sandblasted or painted.
3. 
Stucco.
4. 
Glass walls.
5. 
Wood, aluminum or vinyl siding.
Buildings covered by this Section on properties zoned "M-1" shall have a minimum of twenty-five percent (25%) (excluding windows and doors) of each exterior wall facing a public street with said exterior walls constructed of an approved material as set forth in Subsections (C)(1) through (5) above.
D. 
Prohibited Materials On All Exterior Walls. The following materials are prohibited for use in construction of exterior walls:
1. 
Concrete finish or precast concrete panel (tilt wall) that is not exposed aggregate, hammered, sandblasted or covered with a cement-based acrylic coating.
2. 
Metal panels with a depth of less than one (1) inch or a thickness less than U.S. Standard 26 gauge.
3. 
Composition board or plywood paneling.
4. 
Any other material not listed in Subsection (C) of this Section.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
An agricultural operation requires a minimum site area of three (3) acres and shall meet the following requirements:
1. 
Livestock. Livestock, including poultry and fur-bearing animals, are permitted accessory uses, subject to the following conditions:
a. 
Minimum parcel size is ten (10) acres.
b. 
All livestock buildings or poultry houses shall be set back no less than one hundred (100) feet from any residentially zoned property.
c. 
No feeding or disposal/storage of garbage, rubbish or offal shall be permitted within three hundred (300) feet of any property line.
2. 
Stables. A stable is a permitted accessory use subject to the following conditions:
a. 
A private stable shall be allowed on parcels having a minimum area of one (1) acre, provided that the stable is located not less than one hundred (100) feet from the front lot line and not less than thirty (30) feet from any side or rear lot line.
b. 
Where a stable exists or animals are kept, the owner or keeper shall maintain the premises in compliance with all applicable State, County and City sanitary and health regulations.
c. 
A stable shall be set back not less than one hundred (100) feet from any property line.
3. 
Feedlots. Commercial feedlots are not a permitted use under the definition of "agricultural operation".
4. 
Kennels, fish hatcheries, apiaries and aviaries. No structures or outdoor storage areas associated with fish hatcheries, apiaries or aviaries or a kennel having outside runs shall be within two hundred (200) feet from any property under separate ownership or from residentially zoned property.
5. 
Tenant dwellings. Tenant dwellings are permitted as an accessory use only for those persons employed on property used for bona fide agricultural purposes. Tenant dwellings may not be rented for any purposes other than to provide housing for persons employed by the agricultural operations upon which the dwelling is located.
6. 
Hogs and swine. The Board of Adjustment is hereby empowered to grant permits for the keeping of hogs and swine.
[Ord. No. 2006.19 §1, 6-12-2006]
Agricultural sales and service must be operated in accordance with all applicable State, County and City sanitary and health regulations and shall be located at least two hundred (200) feet from any property that is either zoned or being used for residential purposes.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2020.18, 9-14-2020]
A. 
No structure containing an automatic car wash shall be within seventy-five (75) feet of any residential zoned property; provided, however, that the seventy-five (75) foot distance may be decreased by twenty-five percent (25%) if the residentially zoned property is classified as any non-residential category on the City of Desloge's current future land use map.
B. 
Noise levels shall be no more than eighty (80) dBA at the adjacent property line(s). A noise assessment shall be conducted after construction and provided to the building inspector demonstrating compliance with this requirement. If sound levels exceed eighty (80) dBA, the City may require dryer silencing equipment and/or noise control buffering prior to authorizing an occupancy permit.
C. 
A traffic study shall be required for any proposed car wash facility unless the study is waived by the Planning and Zoning Commission. The agency to perform the study shall be obligated to the City with the cost for the assessment to be paid by the developer. No proposed car wash facility shall decrease the level of service (LOS) of the immediately adjoining and other impacted streets to a level D or lower.
D. 
For Any Proposed Car Wash Facility. No proposed car wash facility shall decrease the level of service (LOS) of the impacted roadway to a level D or lower.
E. 
Adequate passenger car stacking space in accordance with Article XI shall be provided to ensure that public right-of-way or common driveway areas will not be blocked. The minimum amount of stacking space is to be determined as part of the preliminary site plan and after consultation with and approval by the City.
F. 
The type, number and location of all entrances, exits and circulation patterns on any site containing a car wash shall be governed by the City and approved on the final site plan.
G. 
No air dryers on an automatic car wash can be in operation between the hours of 10:00 p.m. and 6:00 a.m.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
In any district where churches or places of assembly are permitted, the following additional requirements shall be met:
1. 
For each seventy-five (75) seats (where benches are provided each twenty-four (24) inches of said bench shall constitute as a seat) or fraction thereof (not including Sunday school accommodations or other on-site activities) the site shall contain at least one-half (½) acre of land to provide adequate parking and circulation.
2. 
Each principal building shall be located at least twenty-five (25) feet from all property lines.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
The property shall have direct access to an arterial or collector street as identified in the major street plan in the City's Comprehensive Plan or when in connection with an apartment complex may have direct access to streets or parking areas serving such.
B. 
The front, side and rear yards for all buildings and structures, including outdoor recreation areas and parking lots but excluding fences and walls, shall be at least thirty (30) feet in width or depth.
C. 
All outdoor use areas and parking lots shall be screened by landscaping or a wall where adjacent to residential property.
D. 
Outdoor recreation facilities shall not be used later than 10:00 P.M. and lighting for such facilities shall be turned off at that time.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
The property shall have a minimum lot area of forty thousand (40,000) square feet and shall have a minimum lot width of two hundred (200) feet.
B. 
No less than five hundred (500) square feet of lot area shall be provided for each patient.
C. 
Side yards shall be at least one hundred percent (100%) greater than the side yard required in the district.
D. 
The facility shall maintain a residential character and adhere to one (1) of the following density requirements:
1. 
The number of beds, if dormitory design, shall not exceed six (6) times the number of dwelling units per square foot of lot area in the district in which the use is located; or
2. 
The number of living units shall not exceed two (2) times the number of dwelling units per square foot of lot area in the district in which the use is located.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Any facility such as banquet halls, nightclubs, private clubs and other similar places of assembly that regularly (at least one (1) time per week) accommodates more than twenty percent (20%) of the floor space to dancers shall be declared a dance hall and comply with the following requirements:
1. 
Dance halls shall be open to the public only during reasonable hours. The Board of Aldermen may designate such reasonable hours and establish such other rules and regulations to promote good order and morals.
2. 
At no time shall dance halls unreasonably and needlessly disturb the peace of the neighborhood or surrounding uses.
3. 
One (1) parking space shall be provided for each forty (40) square feet of gross floor area, plus one (1) space for each staff member employed during the busiest shift, plus one (1) space for each forty (40) square feet of all area devoted to customer service for any included restaurant or banquet hall.
4. 
It shall be unlawful for any person or persons to operate or maintain a hall or club, as listed above, for the use of the general public without first obtaining a planned use authorization from the City.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A home day care is a conditional use in a residential structure occupied by a day care provider that cares for more than four (4) but no more than eight (8) persons for any part of a twenty-four (24) hour period. The following requirements shall apply:
1. 
All applicable State and local licensing requirements must be met. Proof of a current State license and a business license from the City of Desloge shall be required.
2. 
A conditional use permit shall be required in accordance with Article X for any home day care use. A change in the day care provider shall require the new provider to apply for a new permit.
3. 
The primary use of the home shall be residential.
4. 
Adequate access shall be provided that allows for pickup and discharge of children or adults without disrupting traffic on adjacent streets.
5. 
Adequate outdoor space shall be provided for recreation purposes without disturbing surrounding residential properties.
6. 
Hours of operation shall be as approved by the Board of Aldermen.
7. 
All applicable requirements of Section 405.062 "Home Occupation Requirements".
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Any development containing drive-through services shall be subject to the following conditions and restrictions:
1. 
Adequate passenger car stacking space shall be provided from the order box window to ensure that public right-of-way or common driveway areas will not be blocked. An escape lane shall also be provided for each drive-through.
2. 
The type, number and location of all entrances, exits and circulation patterns on any development site containing a drive-through shall be governed by the City and as approved on the final site plan.
3. 
No order box or window shall be located within seventy-five (75) feet of any residentially zoned property; provided however, that the seventy-five (75) foot distance may be decreased by twenty-five percent (25%) if the residentially zoned property is classified as any non-residential category on the City of Desloge's current future land use map.
4. 
A solid screening fence or wall will be required, along with appropriate landscaping, to be placed between any property used for a drive-through facility and any adjoining residentially zoned property in order to screen passenger car headlight glare from adjacent residential property. The extent, height and location of such fence or wall shall be determined at the time of the final site plan approval.
5. 
Each applicant requesting a drive-through facility shall be required to furnish the City with an assessment of traffic impacts, unless the study is waived by the Planning and Zoning Commission. The agency to perform the study shall be obligated to the City with the cost for the assessment to be paid by the developer. No proposed drive-in or drive-through facility shall decrease the level of service (LOS) of the immediately adjoining and other impacted streets to a level D or lower.
[Ord. No. 2006.19 §1, 6-12-2006]
All plant stock for commercial greenhouses or plant nurseries, not enclosed within a structure, shall be set back at least fifty (50) feet from any property under separate ownership or from residentially zoned property.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A guest house as an accessory use in a residential district shall require a conditional use permit pursuant to Article X and the following:
1. 
The guest house must be an accessory use to a single-family detached dwelling on the lot.
2. 
The guest house must meet the electrical, plumbing and building codes for single-family housing.
3. 
A guest house shall be permitted only on a lot having at least twenty thousand (20,000) square feet of area.
4. 
The guest house must be placed to the rear of the main house and be at least twenty (20) feet away from the main house.
5. 
No more than one (1) guest house may be located on any lot.
6. 
The building floor area of the guest house may not exceed fifty percent (50%) of the floor area of the main building or one thousand (1,000) square feet, whichever is less.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A home occupation is permitted as a conditional use in the "R-1" and "R-2" zoning districts. All home occupations shall be subject to the following provisions:
1. 
All applicable State and local licensing requirements must be met. Proof of a current State license and a business license from the City of Desloge shall be required.
2. 
That the primary use of the building or structure in which the occupation is situated is clearly the dwelling used by the person as his/her private residence.
3. 
That no assistance other than an immediate member of the family household is employed.
4. 
That only one (1) non-illuminated window display or sign of four (4) square feet or less in size may be used to advertise.
5. 
Home address shall not be advertised.
6. 
That no equipment or machinery is used in such activity that is perceptible off the premises by reason of noise, smoke, odor, dust, radiation, electrical interference or vibration.
7. 
Parking shall be handled in such a manner as to not impede or hinder traffic on any public right-of-way.
8. 
Area of use.
a. 
A home occupation shall be entirely contained within the interior of structures on the site and it shall be clearly incidental to the use of the residence as a dwelling. No visible evidence of the business shall be apparent from the street or the surrounding area.
b. 
The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation.
c. 
A home occupation shall use no more than twenty-five percent (25%) of the total dwelling unit's floor area.
d. 
No more than two (2) home occupations shall be permitted within any dwelling unit. If two (2) home occupations are requested within the same dwelling, only one (1) of the two (2) may be a type of business that generates any outside traffic, including traffic from customers, employees or delivery vehicles.
9. 
No manufacturing or retail or wholesale sales shall take place on the premises. No stock in trade shall be displayed or sold on the premises. Any production on the premises shall be confined to that normally associated with a residence.
10. 
Tutoring services shall be limited to the hours between 8:00 A.M. to 9:00 P.M. All other visits, except as otherwise provided, are limited to the hours between 8:00 A.M. to 5:00 P.M.
11. 
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries. No home occupation shall be allowed that requires deliveries or parking that disturbs the normal neighborhood traffic flow.
12. 
There shall be no storage or display of equipment or supplies associated with the home occupation outside of a main or accessory structure.
13. 
A home occupation shall not create noise, dust or dirt, heat, smoke, odors, vibration or glare or bright lighting in excess of that created by a single residential dwelling. The storage of combustible or toxic substances shall not be permitted on site, except for personal use associated with household cleaning or maintenance. A home occupation shall not create interference with, or fluctuations of, radio or television transmissions.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2010.07 §4, 4-12-2010]
A. 
Kennels shall be subject to the following performance standards:
1. 
Keeping of more than three (3) household pets shall be considered a commercial kennel. No commercial kennel shall be allowed on residentially zoned or used property.
2. 
A commercial kennel accommodating more than three (3) animals must be located at least one hundred (100) feet from residentially zoned or used property and must be permitted as a conditional or planned use.
3. 
A kennel with outside runs shall be located not less than two hundred (200) feet from any property under separate ownership or from residentially zoned property.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Landfills and mining and quarrying uses shall be subject to the following standards:
1. 
Minimum site area. A minimum site area of thirty-five (35) acres shall be required.
2. 
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 study shall be required.
3. 
Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of a "R-1", "R-2", "R-3" or "R-4" zoned property or property being used for residential purposes.
4. 
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 a "R-1", "R-2", "R-3" or "R-4" zoned property or property being used for residential purposes.
5. 
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 adjoining lots and public roads the nuisance caused by wind-borne dust.
6. 
Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.
7. 
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 pursuant to Article VIII.
8. 
Stormwater management. A stormwater management plan shall be required.
9. 
Site restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall instead be subject to State and Federal requirements.
a. 
Restoration plan. Before approval of a conditional use permit for an excavation use, the operation shall submit to the administrative officer 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 and Zoning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.
b. 
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 Board of Aldermen 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.
c. 
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 subsurface water or into the atmosphere.
d. 
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.
e. 
Top soil and fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be respread 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 and Zoning Commission.
10. 
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 and Federal Health Department requirements pertaining to facilities, equipment and other features.
[Ord. No. 2006.19 §1, 6-12-2006]
No portion of any tavern, restaurant, club, business or similar use where a majority (fifty-one percent (51%)) of the business is serving alcoholic or cereal malt beverages shall be located closer than one hundred (100) feet from a property containing a school, church or property zoned or used for residential purposes. For the purpose of determining such distance between such premises and churches, public or parochial schools, or other buildings regularly used as a place of religious worship, measurement shall be had in the most direct line from the front door of the licensed premises where such intoxicating liquor is sold to the front door of the church or school building.
[Ord. No. 2006.19 §1, 6-12-2006]
All massage parlors shall require a conditional use permit and shall be licensed by the State of Missouri. Whenever a massage facility is the principal use, said facility shall have at least one (1) employee on shift at all times that is certified by a national professional organization that licenses massage therapists. Massage facilities may be an accessory use to a health club or beauty salon subject to proper State licensing and authorization of a conditional use permit.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A mini-warehouse facility shall be located in the "M-1" or equivalent planned zoning district and require an approved site plan and shall be subject to the following conditions and restrictions:
1. 
A mini-warehouse facility shall be enclosed on the side and rear by a fence, wall, earthen berm or combination of fencing and landscaping that shields all structures from view outside any property line.
2. 
Exterior building material colors must be of muted shades.
3. 
Roof pitch shall be one to three (1:3) or comparable to the design and slope of the adjacent roofs.
4. 
Exterior building materials shall be of masonry construction.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Outdoor seating areas must be accommodated on-site or immediately adjacent to the premise and designed to not conflict or otherwise interfere with the operation of neighboring uses.
B. 
Businesses requesting seating areas located off site shall file an agreement at City Hall executed by all applicable parties.
C. 
Clear and unobstructed walkways shall be provided to allow access to all tables during operating hours. All ingress, egress and walkways accessing the tables shall be in compliance with ADA.
D. 
Maximum seating capacity shall be determined by the Fire Department.
E. 
Hours of use shall be as approved by the Board of Aldermen.
F. 
In addition to the minimum parking stalls required to accommodate the maximum indoor seating capacity, parking shall be provided for the maximum capacity of patrons the outdoor seating area can accommodate.
G. 
Shared parking or off-site parking arrangements may be permitted at the discretion of the City.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
Where the property adjoins an area zoned or being used for residential purposes, no building or facility shall be closer than one hundred (100) feet and no driveway or parking area shall be closer than fifty (50) feet of such boundary unless topography or other factors justify a lesser setback.
B. 
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) dBA decibels as measured at the property lines.
C. 
Outdoor lighting shall be designed so that light sources are not visible from the property boundaries and reflectors and baffles at the light sources direct light away from the property boundaries.
D. 
Access to the property shall be directly from arterial streets.
[Ord. No. 2006.19 §1, 6-12-2006]
A. 
A non-commercial recreational facility is any indoor or outdoor playground or facility, other than one subject to a conditional use permit, which is an accessory use to a residential subdivision or development, church or any other non-commercial recreation use.
1. 
The following setbacks from adjoining residentially zoned or used property boundaries shall apply:
a. 
Playgrounds shall be set back at least twenty (20) feet.
b. 
Courts and fields shall be set back at least fifty (50) feet.
c. 
A fence more than six (6) feet in height shall be set back from such boundaries a distance equal to the height of the fence.
2. 
The design and layout of the recreation facility shall be such that it minimizes sound and light at the property line.
3. 
Access to the recreational facilities and to the property on which the recreational facility is located shall be designed to minimize the adverse impact on residential properties.
[Ord. No. 2006.19 §1, 6-12-2006]
A roadside stand is a permitted accessory use provided it shall not exceed two hundred (200) square feet and shall only offer for sale products that are produced on the premises.
[Ord. No. 2019.17, 8-12-2019; Ord. No. 2023.19, 11-13-2023]
A. 
Definitions. As used in this Section the following terms shall have the meanings indicated:
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient or primary caregiver, as those terms are defined in Subsection (A) of this Section, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Section and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Section and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
CONSUMER
A person who is at least twenty-one (21) years of age.
DAY CARE
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
MARIJUANA or MARIHUANA
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
MARIJUANA-INFUSED PRODUCTS
Means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.
MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to transport medical marijuana to a qualifying patient, a primary caregiver, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-transportation facility.
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a consumer, qualifying patient, as that term is defined in Subsection (A) of this Section, or primary caregiver, as that term is defined in Subsection (A) of this Section, anywhere on the licensed property or to any address as directed by the consumer, qualifying patient, or primary caregiver and, consistent with the limitations of this Section and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the department to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.
PREROLL
A consumable or smokable marijuana product generally consisting of: (1) a wrap or paper; and (2) dried flower, bud, and/or plant material, that may or may not include a filter or a crutch at the base of the product.
PREROLL, INFUSED
A consumable or smokable marijuana product generally consisting of: (1) a wrap or paper; (2) dried flower buds, and/or plant material; and (3) a concentrate, oil or other type of marijuana extract either within or on the surface of the product that may or may not include a filter or crutch at the base of the product.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver's application for an identification card under this Section or in other written notification to the Missouri Department of Health and Senior Services.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined by Amendment 2 of the Missouri Constitution.
SCHOOL
Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
B. 
Marijuana Dispensary. No building shall be constructed, altered or used for a marijuana dispensary without complying with the following regulations this Subsection.
1. 
No marijuana dispensary shall be located within three hundred (300) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana dispensary first applies for either a zoning or a building permit, whichever comes first.
2. 
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary building.
4. 
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary may only take place between the hours of 8:00 A.M. and 8:00 P.M., Monday-Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed or contracted (for things like building repair or construction) by the marijuana dispensary may be present in such facility at any time it is closed to the public.
5. 
Display Of License Required. The marijuana dispensary license issued by the State of Missouri shall be displayed prominently in a highly visible location, easily seen by patients on the dispensary's sales floor.
6. 
Site Plan Review. Any plans for a marijuana dispensary shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
7. 
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 215.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes leaving the facility.
8. 
Licensed marijuana dispensaries are further restricted to being not less than five hundred (500) feet in proximity to other licensed marijuana dispensaries.
C. 
Marijuana-Infused Products Manufacturing Facility. No building shall be constructed, altered or used for a marijuana-infused product facility without complying with the following regulations of this Subsection.
1. 
No marijuana-infused products manufacturing facility shall be located within three hundred (300) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana-infused products manufacturing facility first applies for either a zoning or a building permit, whichever comes first.
2. 
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by razor wire fence at least ten (10) feet in height, not including the razor wire.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana-infused products manufacturing facility.
4. 
Hours Of Operation. All marijuana-infused products manufacturing facilities shall be closed to the public, between the hours of 8:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security personnel and are required to obtain a visitor pass.
5. 
Display Of License Required. The marijuana-infused products manufacturing facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front desk of the facility.
6. 
Site Plan Review. Any plans for a marijuana-infused products manufacturing facility shall meet the standards of the current adopted International Building Code any other requirements set forth in City ordinance.
7. 
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 215.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.
D. 
Marijuana Cultivation Facilities. No building shall be constructed, altered or used for a marijuana cultivation facility without complying with the following regulations of this Subsection. All marijuana cultivation facilities shall be located indoors. No cultivation of marijuana shall occur outdoors.
1. 
No marijuana cultivation facility shall be located within three hundred (300) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana cultivation facility first applies for either a zoning or a building permit, whichever comes first.
2. 
Operations. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by razor wire fence at least ten (10) feet in height, not including the razor wire.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana cultivation facility.
4. 
Hours Of Operation. All marijuana cultivation facilities shall be closed to the public, between the hours of 8:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5. 
Display Of License Required. The marijuana cultivation facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6. 
Site Plan Review. Any plans for a marijuana cultivation facility shall meet the standards of the current adopted International Building Code and any other requirements set forth in City ordinance.
7. 
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 215.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.
E. 
Marijuana Testing Facility. No building shall be constructed, altered or used for a marijuana testing facility without complying with the following regulations of this Subsection.
1. 
No marijuana testing facility shall be located within three hundred (300) feet on a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana testing facility first applies for either a zoning or a building permit, whichever comes first.
2. 
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana testing facility.
4. 
Hours Of Operation. All marijuana testing facilities shall be closed to the public, between the hours of 8:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5. 
Display Of License Required. The marijuana testing facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6. 
Site Plan Review. Any plans for a marijuana testing facility shall meet the standards of the current adopted International Building Code any other requirements set forth in City ordinance.
7. 
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 215.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.
F. 
Marijuana Transportation Facilities. No building shall be constructed, altered, or used for a marijuana transportation facility without complying with the following regulations this Subsection. All marijuana transportation facilities shall be located indoors.
1. 
No marijuana transportation facility shall be located within three (300) feet of a then-existing elementary or secondary school, child day care center, or church. Measurements shall be in a method consistent with Missouri State Department of Health and Senior Services Rules and Regulations related to marijuana facilities. For the purpose of this Section, "then-existing" shall mean any school, child day care center, or church with an issued building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana transportation facility first applies for either a zoning or a building permit, whichever comes first.
2. 
Operations. All operations and storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by razor wire fence at least ten (10) feet in height, not including the razor wire.
3. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana transportation facility.
4. 
Hours Of Operation. All marijuana transportation facilities shall be closed to the public, between the hours of 8:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being an approved entry and logged in by building security and are required to obtain a visitor pass.
5. 
Display Of License Required. The marijuana transportation facility license issued by the State of Missouri shall be displayed prominently in a highly visible location near the front entrance of the facility.
6. 
Site Plan Review. Any plans for a marijuana transportation facility shall meet the standards of the current adopted International Building Code any other requirements set forth in City ordinance.
7. 
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 215.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.