[Zoning Regs. §20A.010; Ord. No. 917 §3, 3-12-1997; Ord. No. 1014 §3, 6-12-1998]
It shall be unlawful for any person to use any premises within
the City of Platte City, Missouri, for the uses set forth in this
Article of the Platte City Zoning Code except in full conformity with
the regulations therein contained.
[Zoning Regs. §20A.020; Ord. No. 1014 §3, 6-12-1998]
A.
Surfacing. Any areas to be used by any aircraft under its
own power shall be provided with a dustless surface.
B.
Hours Of Operation. Hours of operation in any residential
district shall be limited by the Board of Aldermen.
C.
Minimum Distance To Lot Lines. No area to be used by any
aircraft under its own power shall be less than two hundred (200)
feet from any lot line.
D.
Fencing. Access to areas used by any aircraft in motion
shall be controlled by fences and gates. A building permit shall be
obtained prior to the installation of any fences or gates.
E.
Screening. Within residential districts or within fifty
(50) feet of a residential district, screening shall be provided.
A building permit shall be obtained prior to the installation of any
screening.
F.
Accessory Uses. Vending machines, newsstands, governmental
installations, airports, airline express offices and aircraft repair
facilities, are permitted if located completely within an enclosed
building. Storage (below ground) and sale of aviation gasoline may
also be permitted.
G.
Other Regulations. Airports and their surrounding areas
are subject to the applicable Federal, State, County and local regulations.
H.
Height.
1.
Height of buildings and structures in areas surrounding the boundaries
of airports having an established approach plan that has been approved
by the above authorities shall be in accordance with requirements
set forth in the approach plan.
2.
Height of buildings and structures in areas within ten thousand (10,000)
lineal feet of the boundaries of airports that do not have an established
approach plan shall be governed by the following:
a.
For an airport having the longest runway less than three thousand
nine hundred fifty (3,950) lineal feet in length, buildings and structures
located just beyond the boundaries of the airport shall not be in
excess of fifteen (15) feet in height and for every two hundred (200)
lineal feet of additional distance from the airport boundaries, the
height of buildings and structures may be increased by not more than
ten (10) feet.
b.
For an airport having a runway of three thousand nine hundred fifty
(3,950) lineal feet or more in length, buildings and structures just
beyond the boundaries of the airport shall not be in excess of fifteen
(15) feet in height; and for every two hundred (200) lineal feet of
additional distance from airport boundaries, the height of buildings
and structures may be increased by not more than five (5) feet; and
where a runway has been designated as an instrument runway, the height
of buildings and structures in the first ten thousand (10,000) lineal
feet beyond the airport boundaries may be increased by not more than
four (4) feet for every two hundred (200) lineal feet of additional
distance from the airport boundaries.
c.
Buildings and structures exceeding the above height limitations shall
be considered obstructions to air navigation unless found not to be
objectionable after special aeronautical study.
[Zoning Regs. §20A.030; Ord. No. 1014 §3, 6-12-1998]
A.
Location And Orientation.
1.
Projection screens and parking areas shall be at least one hundred
(100) feet from any street and shall not be less than three hundred
(300) feet from any residential district.
2.
The face of any projection screen shall not be visible from any street
within a distance of one thousand (1,000) feet.
B.
Paving And Lighting.
1.
All areas used by vehicles shall be at the very minimum hard surfaced
with a ninety-five percent (95%) compacted base that is a minimum
of four (4) inches of crushed rock and covered with a minimum of four
(4) inches of Portland cement concrete or asphalt concrete. The applicant
shall also consult the Missouri Standard Specifications for Highway
Construction (1986 and amendments) and the Division II Construction
and Material Specs, Grading and Site Preparation, Paving, Incidental
Construction and Seeding and Sodding (APWA Specs Section 2000 through
2400 — 1981) and if a higher standard is required in either
for the construction of the area, this higher standard shall apply.
If a lower standard is set forth in either the Missouri Standard Specifications
for Highway Construction (1986 and amendments) or Division II Construction
and Material Specs, Grading and Site Preparation, Paving, Incidental
Construction and Seeding and Sodding (APWA Specs Section 2000 through
2400 — 1981), it shall not apply and the applicant shall follow
the minimum standards set forth in this paragraph. All construction
shall be in accordance with good general engineering practice.
2.
Drives and aisles shall be adequately lighted whenever used and shall
not produce glare toward nearby residential plots or a street.
D.
Vehicle Mobility.
1.
Entrances, exits and access points shall be visible for five hundred
(500) feet on streets where they are located and separated by at least
one hundred fifty (150) feet.
2.
At least two (2) access drives shall be provided; if two (2) or more
open on the same street, acceleration and deceleration lanes ten (10)
feet wide and five hundred (500) feet long shall be provided adjacent
to such streets.
3.
Access drives shall be laid out so as to avoid left turns as far
as possible.
E.
Ticket Gates And Reserve Spaces.
[Zoning Regs. §20A.040; Ord. No. 1014 §3, 6-12-1998]
A.
Approval.
1.
Every applicant must fill out and submit to the zoning enforcement
person:
a.
Conditional use permit application made in the form required by a
preliminary site plan approval.
b.
A preliminary site plan.
c.
A drawing in detail of the method of securing each dwelling unit
to the pad which shall include earth drilled concrete pillars.
d.
Any other item which this Chapter specifically requires.
2.
The zoning enforcement person shall review the permit to make sure
it meets all the requirements of this Chapter and then pass all the
required information onto the Planning Commission.
3.
The Planning Commission shall review the preliminary site plan and
make its recommendation to the Board of Aldermen regarding the conditional
use permit.
4.
The Board of Aldermen shall review the preliminary site plan, conditional
use permit and all other drawings and other information required by
this Chapter.
5.
The Board of Aldermen shall have the discretion to approve or disapprove
the conditional use permit.
6.
The Board of Aldermen shall, in approving the conditional use permit,
condition the use of land, building and structure to the uses shown
in the preliminary site plan as may be modified by the Planning Commission
or Board of Aldermen.
7.
The issuance of the conditional use permit shall be expressly conditioned
upon the applicant applying to the Planning Commission for final site
plan approval prior to any construction or excavation on the site.
8.
Any deviation from said uses of land, buildings or structures as
approved shall be deemed a violation of conditional use permit approval
and the zoning uses allowed shall automatically revert to the zoning
district classification in force and effect prior to conditional permit
approval. In such event, all land uses buildings and structures in
violation of this Chapter are illegal and shall be deemed to be non-conforming
uses and shall be summarily removed and abated.
9.
Final site plan approval.
a.
Upon approval of the conditional permit by the Board of Aldermen,
the applicant shall have three (3) months to submit a final site plan
application to the Planning Commission for its review.
b.
The final site plan may be submitted separately for the first (1st)
and each successive stage of construction.
c.
It shall be the responsibility of the applicant to determine that
each stage and all of the final site plan conforms to the preliminary
site plan on which the conditional permit was issued.
d.
The Planning Commission, having reviewed the final site plan, for
any or all stages of development and finding that it conforms to the
preliminary site plan, shall approve such plan and file it for record
in the office of the zoning enforcement person.
e.
If the final site plan fails to conform to the preliminary site plan
submitted in support of the conditional permit, such final site plan
may be submitted to the Planning Commission as an amended preliminary
site plan, upon which the Planning Commission shall advertise and
hold a public hearing. The proceeding shall be the same as for the
original preliminary site plan.
f.
No building permit shall be issued for any construction in the mobile
home park until the Planning Commission shall have approved the final
site plan, covering at least the first (1st) stage of development,
and notified the zoning enforcement person. No mobile home park shall
be operated until a license to operate the mobile home park has been
obtained from the zoning enforcement person.
g.
The proponents of a mobile home park shall prepare and submit a schedule
of construction, which construction shall begin within a period of
one (1) year following the approval of the final site plan by the
Planning Commission and the issuance of a building permit.
h.
Failure to begin the construction as scheduled shall void the plan,
as approved, unless a request for an extension of time is made by
the proponents to the Planning Commission and approved by said Planning
Commission.
i.
If for any reason the plan is abandoned or if the construction is
terminated, after the completion of any stage, and there is ample
evidence that further development is not contemplated, the conditional
permit may be rescinded by the Board of Aldermen and the zoning for
the entire tract or the portion which is undeveloped as a mobile home
park shall be changed to the original classification.
j.
After the conditional permit has been issued and the final site plan
has been approved and when, in the course of carrying out this plan,
adjustments or rearrangements of buildings, parking areas, entrances,
heights or open spaces are requested by the proponents and such requests
conform to the standards established by the approved final site plan
for area to be converted by buildings, parking spaces, entrances,
height, setback and other requirements, such adjustments may be approved
by the Board of Aldermen upon application and after receiving the
recommendations of the Planning Commission.
k.
The Planning Commission may require on- or off-site improvements
be installed including, but not limited to, on- or off-site drainage
systems to insure that all drainage, storm runoff and subsurface waters
are carried into approved watercourses and drainage systems.
l.
The Planning Commission may further require that all such off-site
improvements and/or drainage systems be installed on easements to
be granted to the City.
m.
Where improvements are required in this fashion, a performance bond
sufficient to cover the full cost of same as estimated by the Planning
Commission shall be furnished to the City by the owner.
n.
Such performance bond shall be issued by a surety or bonding company
approved by the Planning Commission or by the owner with security
acceptance to the Board of Aldermen and shall also be approved by
the Board of Aldermen as to form, sufficiency and manner of execution.
o.
Such performance bond shall run for term fixed by the Planning Commission
not to exceed two (2) years, unless extended by consent of the Planning
Commission and shall be approved prior to issuance of any building
permit.
p.
No certificate of occupancy shall be issued for the property until
the improvement shown upon the final plan and the off-site improvements,
as required by the Planning Commission, have been duly installed and
all easements and property interest granted or dedicated to the City,
except that where an improvement bond has been required, a certificate
of occupancy may be issued where the bond has been duly approved and
filed.
q.
The City, in addition to the foregoing paragraphs and the provisions of Section 405.705, shall require a bond to insure the proper installation of streets, sewer and water facilities of at least five thousand dollars ($5,000.00).
r.
The City may also require a bond each year to insure the provisions
of the conditional permit will be kept.
B.
Location. The location of a mobile home park with a conditional
use permit shall be either:
2.
Good access area.
a.
Areas in residential districts, and
b.
Served by adequate public utilities, and
c.
Located a distance of not more than five hundred (500) feet from
an improved street which shall be an arterial or principal collector
street, and
d.
Such mobile home park shall be served by an improved public street
of adequate width and providing direct access from the park site to
a primary or secondary arterial.
C.
Standards.
1.
Size and drainage.
2.
Individual mobile home sites.
a.
Each mobile home park shall provide individual mobile home sites.
b.
Each such site shall be clearly defined or delineated on the mobile
home park plan for each individual mobile home dwelling unit and when
constructed, permanent stakes or markers at the site are used.
c.
Each mobile home dwelling unit shall be located on an individual
site having an area of not less than three thousand (3,000) square
feet or four (4) times the total area of the mobile home dwelling
unit to be placed on the site, whichever is greater.
d.
Curvilinear, horizontal or vertical design of mobile home sites within
the mobile home park plan is deemed highly desirable and shall be
greatly encouraged.
e.
No special front, side or rear yards shall be required for any individual
mobile home site, provided that the Planning Commission shall recommend
such yard requirements wherever it is deemed essential to a proper
site plan and to protect the health, safety and welfare of the mobile
home park residents.
f.
No more than six (6) mobile home dwelling units shall be provided
per acre of total land area of the mobile home park including buffer
areas, roads and open space.
g.
Each mobile home site shall have either:
(1)
A four (4) inch thick slab or pad of adequate size to accommodate
the outside dimension of the mobile home to be placed thereupon, or
(2)
Runners at least four (4) inches thick, forty-two (42) inches
wide, spaced sixty (60) inches apart and of sufficient length to allow
the mobile home to be positioned, blocked and leveled properly. Such
pad, slab or runners shall be constructed of appropriate material,
properly graded, placed and compacted so as to be durable and adequate
for the support of the maximum anticipated loads during all seasons.
h.
No mobile home dwelling unit shall be located closer than twenty
(20) feet to any accessory park building or structure other than another
mobile home dwelling unit.
i.
The distance from the line or corner of any mobile home pad, slab
or runner to any pad, slab or runner on the opposite side of a street
shall be at least forty (40) feet and to any street pavement, common
parking area, common walk or usable open space shall be at least eight
(8) feet.
j.
No mobile home dwelling unit shall be allowed in a mobile home park
unless it has a minimum floor area of five hundred (500) square feet
measured by outside dimensions, excluding open porches, breezeways
and garages.
k.
No accessory building or structure shall be located on any mobile
home site with the following exceptions:
(1)
An arbor, open trellis or flagpole.
(2)
Unroofed steps, driveway or an unroofed terrace which are not
more than one (1) foot above ground level.
(3)
An awning or moving canopy may project not more than ten (10)
feet.
(4)
Any solid fence or freestanding wall shall not be installed unless the person has obtained a building permit as set forth in Article XXI of this Zoning Code.
(5)
Off-street parking spaces as hereinafter provided.
l.
No accessory building structure, fence or wall shall be located within
ten (10) feet of any paved street.
D.
Buffer And Screening.
1.
A buffer area of open ground shall be located at least fifty (50)
feet from:
2.
Where the mobile home park adjoins a residential use or residential
zoning district, the buffer shall be a minimum of twenty-five (25)
feet from all lot lines or designated street lines but may be increased
at the discretion of the Planning Commission.
3.
All buffer areas shall be properly screened as provided in these
regulations.
E.
Frontage And Streets.
1.
Each mobile home site having an off-street parking space and every
parking area shall have at least ten (10) feet of frontage sufficient
to provide direct access to a street within the mobile home park and
shall be prohibited from fronting upon a public street or highway.
2.
Streets shall be provided in the mobile home park where necessary
to furnish principal trafficways for convenient access to each mobile
home site and other important facilities in the mobile home park.
3.
All off-street parking, loading, aisles for maneuvering, entrance
and exits shall be at the very minimum hard surfaced with ninety-five
percent (95%) compacted base that is a minimum of four (4) inches
of crushed rock and covered with a minimum of four (4) inches of Portland
cement concrete or asphaltic concrete. The applicant shall also consult
the Missouri Standard Specifications for Highway Construction (1986
and amendments) and the Division II Construction and Material Specs,
Grading and Site Preparation, Paving, Incidental Construction and
Seeding and Sodding (APWA Specs Section 2000 through 2400 —
1981) and if a higher standard is required in either for the construction
of the area, this higher standard shall apply. If a lower standard
is set forth in either the Missouri Standard Specifications for Highway
Construction (1986 and amendments) or Division II Construction and
Material Specs, Grading and Site Preparation, Paving, Incidental Construction
and Seeding and Sodding (APWA Specs Section 2000 through 2400 —
1981), it shall not apply and the applicant shall follow the minimum
standards set forth in this paragraph. All construction shall be in
accordance with good general engineering practice. All streets are
required to be dedicated to the City and such streets shall conform
to the standards imposed by the City subdivision regulations.
4.
The street system shall provide convenient circulation by means of
minor streets and properly located collector streets.
5.
Closed ends of dead-end streets shall be provided with an adequate
paved vehicular turning circle at least eighty (80) feet in diameter
or with another adequate turning facility sufficient to accommodate
emergency vehicles.
6.
There shall be a horizontal separation of at least one hundred (100)
feet between all streets.
7.
All streets within the mobile home park shall have unobstructed access
to a public street or highway.
8.
Pavements shall be of adequate widths to accommodate the parking
and traffic load in accordance with the type of street as described
below:
a.
All entrance streets and other collector streets with guest parking
on both sides shall have a minimum width of thirty-six (36) feet.
b.
Collector street with no parking shall have a minimum width of twenty-four
(24) feet. (All parking areas shall be served by a minimum of a collector
street.)
c.
Minor street with parking on one (1) side shall have a minimum width
of twenty-eight (28) feet.
d.
Minor or cul-de-sac street with no parking shall have a minimum width
of twenty (20) feet. (Each mobile home site containing an off-street
parking space shall be served by a minimum of a minor street.)
9.
Concrete walkways shall be provided as follows:
a.
Individual walks (a minimum of two (2) feet in width) shall be provided
to each mobile home stand from a paved street, paved driveway or parking
space connecting to a paved street.
b.
Common walks (a minimum of three (3) feet in width) shall be provided
from mobile home sites to service buildings and common open space
and recreational facilities, preferably through interior areas removed
from streets.
F.
Lighting. The mobile home park shall be provided with general
outdoor lighting of walkways, streets, general storage and service
areas, recreational areas and lighting of the park entrance and exit
so as to provide a minimum general illumination of three-tenths (0.3)
foot-candle and provide safe movement of pedestrians and vehicles
at night.
G.
Open Spaces.
1.
An area of the mobile home park shall be required to be set aside
as common usable open space.
2.
The amount of land to be set aside shall be a minimum of twenty percent
(20%) of the total land area of the mobile home park.
3.
Areas set aside as buffer strips or any portion of a mobile home
site shall not be included as common usable open space.
5.
The Planning Commission may recommend and the Board of Aldermen requires
such of the above facilities as it deems necessary and appropriate
for the site.
6.
A structure shall be provided containing the management office conveniently
located for the uses intended.
7.
Consolidation of laundry, recreation, management and other common
facilities in a single building is acceptable if the single location
will adequately serve all mobile home sites.
8.
No more than one-third (⅓) of the open space area shall be
used for buildings and structures other than swimming pools and courts.
H.
Parking.
1.
One (1) paved off-street parking space as provided in these mobile
home parks regulations per mobile home site shall be provided on each
mobile home site or within one hundred (100) feet of the individual
mobile home site.
2.
No off-street parking shall be located within any required usable
open space.
3.
In addition to these parking spaces, accessory off-street parking
areas in close proximity to each mobile home site shall be provided
without parking spaces equal to the number of mobile home sites. This
is to be used for guests and to provide an area for the parking of
other cars belonging to the owner of the mobile home located in the
park.
4.
The mobile home park shall provide adequate general storage areas
in addition to auto parking requirements for accessory vehicles such
as trucks, boats and travel campers, all of which shall be prohibited
from being stored or parked on any mobile home site.
I.
Water.
1.
An adequate supply of pure water for drinking and domestic purposes
shall be supplied by pipes to all mobile home sites and appropriate
buildings within the park to meet these requirements.
2.
Each mobile site shall be provided with a cold water tap at least
four (4) inches above the ground.
3.
All water supply facilities shall be approved by the State Board
of Health.
J.
Sewerage.
1.
Each mobile home site shall be provided with a trapped sewer of at
least four (4) inches in diameter which shall be connected to receive
the waste from the shower, bathtub, flush toilet, lavatory and kitchen
sink of the mobile home harbored in such space and having any or all
such facilities.
2.
The trapped sewer in each site shall be connected to discharge mobile
home waste into a public sewer system or into a private sewer disposal
system.
3.
Each sewer system shall be approved by the Platte County Health Department.
4.
Septic disposal systems shall not be permitted.
K.
Custodial Care.
1.
The owner of the mobile home park or a duly authorized attendant
or caretaker shall be in charge at all times to keep the mobile home
park, its facilities, grounds and its equipment in a clean orderly
and sanitary condition.
2.
The attendant or caretaker shall be answerable with the owner of
such mobile home park for the violation of any provision of this Section
to which the owner of said development is subject.
L.
Refuse.
1.
Garbage cans with tight fitting covers shall be provided in quantities
adequate to permit disposal of all garbage and refuse.
2.
Garbage cans shall be located no further than two hundred (200) feet
from any mobile home site.
3.
The cans shall be kept in a sanitary condition at all times.
4.
Garbage and refuse shall be disposed of as frequently as necessary
to insure that garbage cans shall not overflow.
5.
The owner of the mobile home park shall show evidence of a contractual
arrangement with a governmental subdivision or private industry contracted
to dispose of this refuse on a regular basis.
M.
Fire Prevention.
1.
Every mobile home park shall be equipped at all times with fire extinguishing
equipment in good working order or shall show evidence of a contractual
arrangement with the Fire Department providing the fire protection
necessary in such development.
2.
No open fire shall be permitted at any place in the mobile home park.
3.
For fire protection, sanitary water under adequate pressure shall
be provided in standard fire hydrants located within four hundred
(400) feet of every individual mobile home site within the mobile
home park.
N.
Signs. The following signs are permitted provided the owner obtain a sign permit and comply with all the regulations of Article XX:
O.
Skirting. Open areas between the mobile home dwelling unit
and the pad or slab upon which it is located shall be screened by
skirting consistent with the development.
P.
Storage.
Q.
Anchoring.
1.
Each mobile dwelling unit shall be provided with adequate means of
anchoring the unit against twenty (20) pounds per square foot winds
on the horizontal projection from any direction.
2.
The applicant shall submit with the application a drawing and details
of the method of securing the dwelling unit to the pad, which shall
include earth-drilled concrete piers.
R.
Utilities. All utilities, including telephone, electric
power, gas, CATV cables, shall be located underground.
S.
Landscaping. All yard areas and other open spaces not otherwise
paved or occupied by buildings or structures shall be sodded and/or
landscaped and shall be maintained adequately.
T.
Probation. No mobile home park shall be constructed in which
the sites are subdivided and sold to individual purchasers.
U.
Conformity. All parks shall conform to all other ordinances
applicable to mobile home parks.
V.
Requirement To License New Mobile Home Parks And Existing Non-Conforming
Mobile Homes.
1.
It shall be a violation of this Chapter for any person to establish
a mobile home park after the effective date of this Chapter or maintain
an existing valid non-conforming mobile home park containing two (2)
or more mobile home dwelling units unless such person shall obtain
a license therefore from the City and annually thereafter.
2.
The annual license fee for each mobile home park shall be twelve
dollars ($12.00) for each mobile home with a minimum of one hundred
five dollars ($105.00).
3.
Such fee shall be for administrative inspection of mobile home parks
and shall be in addition to any real or personal property taxes required
under this Chapter, other ordinances, regulations or general laws
of the State.
4.
A new license shall be obtained whenever there is a change of ownership
and it shall be the responsibility of the new owner to see that such
license is obtained within a period of thirty (30) days from the date
of transfer of title and such new license shall be renewed annually
thereafter.
5.
No person shall be recognized as the agent or owner unless he/she
shall file with the Board of Adjustment a written instrument, signed
by the owner, designating him/her as such agent and setting forth
the address where all notices and orders may be serviced. Upon the
filing of such instrument, the person designated therein as such agent
shall be deemed to be and shall be known as the certified agent of
the owner.
6.
Any owner who does not live or reside in the City shall be required
to designate and certify a responsible agent who shall live, reside
or have a place of business in the County.
7.
The Board of Aldermen shall have the power to issue, refuse, revoke
or cancel any permit, certificate of occupancy or approval in case
of any failure to comply with any of the provisions of this Chapter
or where any false allegation or representation is made in any plans
or statements submitted or filed for such permit or approval. If such
permit is refused, revoked or cancelled, the reason for such action
shall be recorded by the Board of Aldermen.
8.
The license shall be displayed in a suitable place on the mobile
home park premises at all times subject to inspection.
[Zoning Regs. §20A.050; Ord. No. 866 §§14 — 15, 7-11-1996; Ord. No. 1014 §3, 6-12-1998]
A.
Permit Required. It shall be unlawful for any person to
construct or increase the height of any antenna support structure
or antenna without first obtaining a conditional permit from the Board
of Aldermen.
B.
Form Of Application. Application for the conditional use permit required for antennas or antenna support structures as provided for in Subsection (A) above shall be made upon forms provided by the City Clerk and shall contain or have attached thereto the following information:
1.
The name, address and telephone number of the applicant.
2.
The lot, block and subdivision of the premises on which the installation
is to be made.
3.
Information regarding the type of antenna to be installed such as
its purpose and its size.
4.
A location plan for the antenna support structure that demonstrates the antenna support structure shall comply with Subsection (C) below.
5.
The name of the person making the installation.
6.
A building permit from the City.
C.
Restrictions And Limitations. Such conditional permit, as
required for antennas and antenna support structures, may be issued
only if the proposed installation meets the following requirements:
1.
The antenna is not located on the roof of a residential or accessory
building.
2.
The antenna is located in the rear yard of any lot provided that:
3.
The antenna and its supporting structure shall meet the applicable
code requirements set forth in the Building Code as adopted by the
City of Platte City, Missouri, and the approval of the City Building
Inspector. There shall be a charge of fifteen dollars ($15.00) for
each installation inspection.
4.
The antenna and its support structure does not exceed twenty (20)
feet in height, except that the applicant may make an application
to the Board of Zoning Adjustment for a variance to permit an antenna
and support structure to exceed twenty (20) feet in height.
5.
The antenna support structure, antenna and any attachments thereto,
including, but not limited to, any stabilizing wires and anchors,
must be contained within a protective fence designed to prevent all
persons, including children, from coming in contact with the same.
The fence shall be constructed of a material which is subject to coloration
by painting and shall be painted to blend with the colors of other
structures on the premise. The fence shall be constructed so that
it is no less than five (5) feet high and at least twelve (12) radius
feet from the antenna to provide the security as described herein.
The fencing requirement set forth herein shall not be applicable to
the installation of satellite TV dishes.
6.
If antenna and supporting structure does exceed six (6) feet in height, then the following provisions also apply in addition to those previously set forth in Subsection (C)(1 — 5):
a.
The antenna support structure must be mounted in concrete of sufficient
thickness in size to support the antenna support structure pursuant
to the other requirements of this Chapter.
b.
The antenna support structure must be mounted and erected in such
a manner so as to be able to withstand a wind velocity of seventy
(70) miles per hour.
c.
Any ladder or other climbing devices attached to an antenna or antenna
support structure shall be attached so that the lowermost portions
thereof is at least eight (8) feet from above ground level.
d.
The base of any antenna or support structure shall be set back from
any rear lot line and any side lot line and any inhabitable structure
a distance equal to one-third (⅓) of the height of the antenna
support structure and any antenna attached thereto.
7.
Whenever the antenna has not been used for radio communication for
a period of at least one (1) year, this conditional use permit and
building permit shall become void and the owner of the antenna and
its support structure shall take the tower down, any accessory structures
and fill in any holes left by the tower.
8.
Any person violating the provisions of this Chapter shall upon conviction
be subject to a fine of not more than one hundred dollars ($100.00).
D.
Exception For Twenty-Four (24) Inch Or Smaller Satellite Dishes. A conditional use permit shall not be required for the installation
of satellite dishes with a diameter of twenty-four (24) inches or
less which are installed in the following manner:
1.
The dish shall be in the side or rear yard.
2.
On corner lots, the dish cannot be closer to the side street than
the main building located on said lot.
3.
The uppermost portion of any dish installation shall not extend above
the uppermost roof height of the main building on the lot.
4.
The dish must be at least eight (8) feet from any side yard lot line
and at least eight (8) feet from any rear yard lot line.
[Zoning Regs. §20A.060; Ord. No. 1014 §3, 6-12-1998]
A.
Approval.
1.
Commercial outdoor recreational facilities will be permitted only
by conditional permit of the Board of Aldermen after a review and
a recommendation by the Planning Commission.
2.
Each application for an outdoor recreational facility shall, in addition to conditional permit requirements, be made in a form required for site development plan approval as required in Article XXIV of this Chapter.
3.
The Planning Commission shall review and may recommend for approval
the site development plan as part of its recommendation to the Board
of Aldermen on the conditional permit approval.
4.
The issuance of the conditional permit shall be expressly conditioned
upon the applicant's applying for any construction or excavation on
the site.
B.
General Conditions.
1.
Access. Unless expressly waived by both the Planning
Commission and the Board of Aldermen, an outdoor recreational facility
shall be accessible by four (4) lane traffic from the highway to the
facility parking area.
3.
Entrance.
a.
Traffic into the facility shall be controlled through a gate entrance
which can be secured when the facility is not in use.
b.
In addition to the approval of the street plan by the City, the entrance
shall be approved by the State Highway Department and the City shall
be furnished with satisfactory evidence of such approval.
4.
Parking. Parking must comply with the district in
which the facility is located and, where applicable, concrete or asphaltic
concrete parking sufficient to hold fifty (50) automobiles for each
ball diamond or recreational field shall be provided. In addition,
a parking area sufficient to hold one hundred (100) automobiles for
each such diamond or recreational field shall be provided to assure
sufficient parking on the grounds.
6.
Refuse.
a.
Garbage cans with self-closing covers shall be provided in quantities
adequate to permit disposal of all garbage and refuse.
b.
The garbage cans shall be kept in a sanitary condition at all times.
c.
Garbage and refuse shall be disposed of as frequently as necessary
to insure that garbage cans shall not overflow or begin to emit foul,
noxious odors or effluent; provided however, at the very minimum during
the period of time that the facility is in operation, disposal shall
be required daily.
7.
Fire hydrants. Fire hydrants shall be provided on
the grounds at locations approved by the Director of Public Safety
prior to the issuance of a conditional use permit.
8.
Signs.
a.
No outdoor advertising signs or billboards shall be permitted if
visible from outside the facility.
b.
No advertising display of any kind other than signs advertising the
facility itself shall be permitted and all such signs shall be in
strict compliance with the sign ordinances of the City.
c.
Scoreboards should not be visible outside the premises without approval
of the Board of Aldermen.
10.
Police protection.
a.
It shall be the responsibility of the applicant to employ and maintain
sufficient approved security on the grounds at all times.
b.
Security force must be approved by the Director of Public Safety.
c.
In addition, the applicant agrees to annually on or before January
first (1st) deposit sufficient funds to reimburse the City for the
direct or indirect cost incurred by virtue of the facility being present
in the City of Platte City.
11.
Lighting.
a.
The parking lot and facility shall be provided with general outdoor
lighting of walkways, parking lots, streets and recreational areas
so as to provide a general minimum illumination of three-tenths (0.3)
foot-candle and to provide safe movement of pedestrians and vehicles
at night.
b.
Lights for ball diamonds or recreational fields shall be designed
so as to not provide interference with highways and streets nor to
be an interference with any neighboring properties.
c.
Prior to issuance of conditional use permit, a report from a lighting
engineer shall be provided to the City certifying that all lights
have been designed in accordance with this criteria.
d.
Upon examination of the proposed lighting plan of the applicant,
the Planning Commission may require a waiver executed by the owners
and occupiers of all nearby residences which may be affected by the
lighting conditions.
12.
Time of operation.
a.
Unless expressly waived by the Board of Aldermen or officials delegated
to the responsibility by the Board of Aldermen, no recreational field
or ball diamond shall be permitted to operate past 12:00 Midnight.
b.
The applicant shall plan all athletic games in such a manner that
they can be terminated prior to 12:00 Midnight.
15.
Custodial care.
a.
In times when the recreational facility is not in operation, the
owner of the facility or a duly authorized attendant or caretaker
shall be in charge at all times to keep the facility and its equipment
in a clean, orderly and sanitary condition.
b.
The attendant or caretaker shall be answerable with the owner for
the violation of any provision of this Section to which the owner
of said development is subject.
16.
Buffer and screening. A buffer area of open ground
may be required by the Board of Aldermen with sufficient screening
to assure no disturbance to neighboring properties.
17.
Rodent and insect control. Prior to the issuance
of the conditional use permit, the applicant shall provide its plan
for rodent and insect control to the City Health Officer for its approval.
18.
Certificate of occupancy required. The facility
shall not be used for any athletic event until a certificate of occupancy
has been issued by the City.
[Zoning Regs. §20A.070; Ord. No. 1014 §3, 6-12-1998]
A.
Special Consideration. The proposed operation shall not
contribute to soil erosion by water and/or wind, nor shall it adversely
affect soil fertility, drainage and lateral support of abutting land
or other properties.
B.
Hours Of Operation. Within one thousand (1,000) feet of
all districts, there shall be no operations between 7:00 P.M. and
8:00 A.M. or on Saturdays, Sundays or legal holidays.
C.
Fencing. 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 a substantial fence, at least six (6) feet high with
suitable gates where necessary, effectively blocking access to the
area in which such excavation is located. Such fence shall be located
fifty (50) feet or more from the edge of the excavation. A building
permit shall be required for the fence.
D.
Slope. The slope of material in any excavation shall not
exceed the normal angle of repose or forty-five degrees (45°)
(whichever is less).
E.
Access Roads. That portion of an access road within the
area of permit and located within five hundred (500) feet of a lot
line shall be provided with a dustless surface and comply with the
applicable City codes.
F.
Minimum Distance From Lot Lines. The top of the natural
slope in cut for any excavation and any mechanical equipment shall
not be less than fifty (50) feet from any lot line.
G.
Rehabilitation Of The Site.
1.
Before a conditional permit is granted, a plan for rehabilitation,
showing both existing and proposed final contours, shall be submitted
and approved.
2.
After any such operations the site shall be made reusable as described
in the plan.
3.
Where topsoil is removed, sufficient arable soil shall be set aside
for retention on the premises and shall be respread over the premises
after the operation.
4.
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.
5.
The area shall be seeded or sodded in a manner approved by the Board
of Aldermen.
6.
Fill shall be of a suitable material approved by the Board of Aldermen.
7.
Garbage, rubbish, junk or refuse may be approved as fill, provided
the sanitary fill method is used.
H.
Performance Bond.
1.
Before the issuance of any conditional permit, the owner shall execute a bond sufficient, in the opinion of the Planning Commission, to secure the aforesaid rehabilitation of the site in accordance with the plan specified in Subsection (G) above and the other requirements of this Chapter and any other applicable ordinances of the City.
2.
Such bond 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 permit.
[Zoning Regs. §20A.080; Ord. No. 1014 §3, 6-12-1998]
A.
Swimming Clubs Or Swimming Pools. Swimming clubs or swimming
pools other than private swimming pools shall be classified and located
as follows:
|
Type of Pool (class)
|
Maximum Area
(square feet)
|
Minimum Setback from any Property Line (feet)
| |
|---|---|---|---|
|
A
|
over 3,500
|
200
| |
|
B
|
2,501 to 3,500
|
175
| |
|
C
|
1,501 to 2,500
|
150
| |
|
D
|
1,500 or less
|
100
|
C.
Noise. Public address system or any other amplified noises
are prohibited between the hours of 8:00 P.M. and 10:00 A.M.
D.
Parking. All parking shall conform with the district in
which the swimming facility is located.
E.
Enclosed Buildings. All indoor facilities such as recreational
shall be located within completely enclosed buildings.
F.
Fencing. All outdoor swimming pools over eighteen (18) inches
in depth shall be entirely enclosed by a protective fence or other
permanent structure at least six (6) feet in height.
[Zoning Regs. §20A.090; Ord. No. 1014 §3, 6-12-1998]
B.
Area.
1.
Site area. Minimum size of development site shall
be two and one-half (2½) acres.
2.
Lot area. Minimum lot area per unit shall be eighteen
hundred (1,800) square feet and the average size for a group of town
houses shall be not less than two thousand (2,000) square feet. Each
unit shall have its foundation on an individual site.
C.
Yards.
1.
Front yard. There shall be a front yard, the minimum
depth of which shall be fifteen (15) feet from the front lot line.
2.
Rear yard. The depth of the rear yard shall be at
least twenty (20) feet from the rear lot line.
3.
Side yard.
a.
A minimum side yard of ten (10) feet shall be provided between the
end of a group of town houses and an interior side lot line and fifteen
(15) feet between the end of such a group and a street, such fifteen
(15) foot setback to be unencumbered by walls, fences or other structures
or buildings.
b.
A spacing of twenty (20) feet shall be provided between each group
of town houses and an additional ten (10) feet shall be required if
a driveway is provided between such groups.
c.
Such separation between such groups shall be unencumbered with walls
or other structures or other obstructions which will prevent emergency
vehicular access between such groups.
D.
Height. The maximum height for any town house shall be thirty-five
(35) feet.
E.
Special Considerations.
1.
Street access. Each group or cluster of town house
sites must have a clear, direct access to public streets.
2.
Street right-of-way width and improvements. The
right-of-way width of street serving a group of town houses and the
improvements therein shall conform to all applicable minimum City
standards and requirements for such streets.
3.
Utilities and services.
a.
Each town house shall be independently served by separate heating,
air-conditioning, sewer, water, electric power, gas and other facility
and utility services, wherever such utilities and services are provided
and no town house shall be in any way dependent upon such services
or utility lines located within another unit or on or in another town
house or town house site, except as may be installed in public easements.
b.
All town houses must be connected to public water and sewer lines
and all electrical and telephone lines in a town house development
site shall be placed underground.
c.
Proper and adequate access for fire-fighting purposes and access
to service areas to provide garbage and waste collection and for other
necessary services shall be provided.
F.
Patios And Service Area. There shall be provided on each
town house site at least two hundred (200) square feet of patio living
area exclusive of parking and service areas for each town house; such
footage may consist of one (1) or more patios and balconies.
G.
Walls.
1.
All patio or outdoor living areas on each town house site shall be
enclosed by a wall affording complete screening except in cases where
a natural feature of the site would suggest a special exception, which
shall be determined by review of the site plan for the development.
2.
Such wall shall be of masonry or other material having a life expectancy
of not less than ten (10) years and the minimum height of such wall
shall be six (6) feet; such walled-in patio may include a screen roof.
3.
A minimum eight (8) inch masonry firewall extending through the roof
line shall be provided between each town house.
H.
Accessory Buildings. No accessory structure shall be permitted
in unwalled or unscreened areas on sites containing a town house and,
where located within an area enclosed with walls, shall not extend
above the height of the walls.
I.
Common Areas.
1.
In addition to the area required for each unit site, an area consisting
of either:
a.
The difference in area between five thousand (5,000) square feet
and the square foot area for each unit site; or
b.
Twenty percent (20%) of the gross land area of the town house development
(whichever is greater) shall be provided along with such other lands
commonly owned and permanently maintained open space.
2.
Such open space may be accepted by the City for dedication.
J.
Maintenance Of Common Areas. Provisions satisfactory to
the City shall be made to assure that non-public areas and facilities
for common use of town house development by its occupants shall be
maintained in a satisfactory manner without City expense.
K.
Parking.
1.
A minimum of two and one-half (2½) off-street parking spaces
shall be provided for each town house.
2.
Such parking spaces may be provided on the town house lot or in a
commonly owned or maintained off-street parking facility.
3.
No parking space shall be more than one hundred fifty (150) feet
from the door of the town house it is intended to serve.
4.
Where one (1) parking space is provided in the front yard area, the
front setback of the building shall be a minimum distance of twenty
(20) feet, with driveway therefor to be limited in width to provide
for only one (1) automobile, with the balance of the front yard area
to be landscaped.
5.
Where two (2) parking spaces are provided in the front yard area,
the frontage of the lot involved must be increased to a minimum of
thirty-five (35) feet and the front setback of the building shall
be a minimum of thirty (30) feet, with the two (2) driveways to be
limited in width to provide for only two (2) automobiles, with the
balance of the front yard area to be landscaped.
6.
Where the required off-street parking is provided off-site, within
the building or in the rear yard area, the minimum front setback of
the building shall be fifteen (15) feet.
7.
Each town house site must provide its own off-street parking area
and driveway thereto where on-site off-street parking is to be provided.
8.
In addition, all parking shall conform with the requirements set
forth in District "R-2".
[Zoning Regs. §20A.100; Ord. No. 1014 §3, 6-12-1998]
A.
Underground Storage.
1.
No person shall install, nor shall any person alter any underground
storage facility for the storage of any products without a conditional
use permit.
2.
Such a conditional use permit shall be issued by the zoning enforcement person in accordance with Article XXII.
3.
No permit for installation or repair shall be issued unless the applicant
shall first tender to the zoning enforcement person a plot plan showing
the location of the proposed underground storage in relation to existing
buildings and existing property lines.
4.
All repairs shall be made in accordance with good construction policies
and shall be carried out in such manner as the City Engineer may require
to assure the safety of the citizens of Platte City.
5.
The City Engineer or zoning enforcement person may require that officials
of the Fire Department be present during the installation and may
further require the posting of an appropriate cash bond to reimburse
the City for the expense incurred and to pay the firemen reasonable
wages for their presence during installation or repair.
B.
Fees. The applicant shall be required to pay the conditional use permit fees as defined in Section 405.705 General Provisions.
C.
Above Ground Storage.
[Ord. No. 1829 §2, 6-28-2016]
1.
Storage prohibited without conditional use permit or
other exceptions.
a.
Propane tanks are allowed in all districts. Tank volumes, setbacks and safety conditions may differ based on
the regulations for individual zoning districts.
b.
Flammable and combustible liquids commonly used or intended
to be used for internal combustion engines shall not be stored above
ground within the City except as otherwise provided below:
(1)
Agricultural uses; or
(2)
The storage of fifteen (15) gallons or less of
flammable or combustible liquids shall be allowed so long as such
liquids are stored in a container sealed by means of a lid or other
device so that neither liquid nor vapor will escape from it at ordinary
temperatures. In no event shall more than fifteen (15) gallons of
flammable or combustible liquid be stored above ground on any premises
within the City, regardless of the number of containers used for such
storage without prior issuance of a conditional use permit allowing
such storage.
(3)
The above ground storage of more than fifteen (15)
gallons of flammable and combustible liquids commonly used or intended
to be used for internal combustion engines shall be allowed in all
non-residential zoning districts only upon issuance of a conditional
use permit by the City.
(4)
A conditional use permit for such storage shall
only be issued when the application it is in complies with the fuel
storage requirements of the 2012 Edition of the International Fire
Code (IFC) or the Edition most recently adopted by the City as well
as other such safety, screening, appearance and maintenance requirements
as may be identified and required during the conditional use permitting
process.
(5)
A conditional use permit shall require that the
applicant adequately maintain the above ground storage device and
surrounding area in compliance with the International Fire Code (IFC)
and any other permit conditions. Failure to comply with such maintenance
requirements may result in revocation of the conditional use permit.
2.
Tanks prohibited.
a.
Empty or partially empty tanks, barrels and other containers
commonly used or intended to be used to store other flammable and
combustible liquids shall not be kept, stored, maintained or installed
above ground within the City except as otherwise provided herein.
b.
Empty or partially empty tanks, barrels and other containers
commonly used or intended to be used to store other flammable and
combustible liquids with a storage capacity of fifteen (15) gallons
or less shall be excepted from the provision of this Chapter so long
as such containers are sealed so that neither liquid or vapor will
escape from it at ordinary temperatures.
[Zoning Regs. §20A.110; Ord. No. 1014 §3, 6-12-1998]
A.
Approval. Residential or outpatient facilities for the treatment of alcohol or other drug abuse will be permitted only in the location as set forth by Section 405.760(B) by conditional use permit of the Board of Aldermen after a review for compliance with the Zoning Code, including the conditional use permit regulations, and a recommendation by the Planning Commission.
B.
Location. Residential or outpatient facilities for treating
alcohol or other drug abuse are only allowed within the "M-2" District
(General Industrial).
C.
Certification. The facility must be a State certified or
licensed facility.
D.
Exterior. The exterior appearance of the facility and property
must be in reasonable conformance with the general standards in the
area in which it is located. This shall be approved by the discretion
of the Planning Commission and the Board of Aldermen.
E.
Density. There shall be no more than one (1) residential
outpatient facility for the treatment of alcohol and other drug abuse
for every ten thousand (10,000) people residing in Platte City, Missouri,
according to the last U.S. census.
F.
Police Protection. It shall be the responsibility of the
applicant to employ and maintain sufficient or approved security on
the grounds at all times. The security force must be approved by the
Director of Public Safety.
G.
Parking. There shall be two (2) parking spaces required
for each bed.
[Zoning Regs. §20A.120; Ord. No. 1014 §3, 6-12-1998]
A.
A family
day care home may only be operated pursuant to a conditional use permit
issued by the Board of Aldermen of the City of Platte City.
B.
A family
day care home must be licensed pursuant to State law and a copy of
the operator's license must be on file with the City.
C.
Any
outdoor portion of a family day care home facility which will be used
for child care shall be fenced with a fence that shall be at least
forty-two (42) inches high and which shall be constructed to prevent
children from crawling or falling through or becoming entrapped therein.
D.
The
operator of a family day care home must provide an off-street area
for loading and unloading children at the home.
E.
A family
day care home may only be operated between the hours of 6:00 A.M.
and 6:00 P.M.
[Zoning Regs. §20A.130; Ord. No. 917 §1, 3-12-1997; Ord. No. 1014 §3, 6-12-1998]
A.
Aesthetics. The character of the neighborhood shall be considered
in the review and approval of aesthetic aspects of a proposed site.
All visual aspects are subject to review by the Planning Commission.
1.
Fascia material. External metal finish materials
are prohibited on walls fronting on street rights-of-way unless specifically
approved by the Planning Commission.
2.
Construction material. Construction material shall
comply with regulations set out in the appropriate zoning district.
3.
Color schemes. Color schemes shall be in keeping
with the nature of the neighborhood as determined by the Planning
Commission.
4.
Outdoor storage. Outdoor storage of any type is
prohibited. All storage shall be in fully enclosed building.
5.
Landscaping and screening. Area requirements of
the appropriate zoning district shall be maintained. In addition,
a landscape plan identifying location, size and type of planting shall
be submitted with the site plan for approval.
6.
Fencing requirements. The facility compound must
be secured either by security fencing or walls or a combination thereof.
Security fencing shall be of a color and design which blends into
the character of the existing environment.
a.
All required fencing shall be constructed with a minimum of fifty
percent (50%) approved masonry material and fifty percent (50%) other
materials specifically approved by the Planning Commission.
b.
All required fencing shall be no less than six (6) feet nor more
than eight (8) feet above adjacent ground level.
c.
All required fencing is subject to building setbacks of the zoning
district in which the self-storage facility is located.
B.
Access. The facility shall be supervised by an attendant
during regular business hours which shall at a minimum include the
hours between 9:00 A.M. and 5:00 P.M. each business day. Access during
non-business hours shall be via an automated security system.
C.
Lighting. Lighting shall be directed away from the adjacent
rights-of-way and residential properties. Other applicable lighting
provisions of the Zoning Code shall be met.
D.
Accessory Use Provisions. One (1) dwelling unit as an accessory
to a facility for the purpose of housing an on-site attendant shall
be allowed.
E.
Parking And Paving Provisions. Four (4) off-street parking
spaces, plus one (1) handicapped accessible parking space, plus two
(2) additional spaces for an accessory dwelling unit, if applicable,
shall be required. Construction and configuration of the parking spaces
shall be done according to provisions of the appropriate zoning district.
F.
Height And Setback Limitations. Height and setback limitations
shall comply with those of the zoning district in which the self-storage
facility is located.
[Zoning Regs. §20A.140; Ord. No. 921 §1, 3-26-1997; Ord. No. 1014 §3, 6-12-1998]
A.
ANTENNA
FAA
FALL ZONE
FCC
HEIGHT
MONOPOLE TOWER
PRE-EXISTING TOWER AND ANTENNAS
TOWER
Definitions. For the purpose of this Section, the following
words and terms, as used herein, shall have the following meanings.
Any structure or device used to collect or radiate electromagnetic
waves, including both directional antennas, such as panels, microwave
dishes and satellite dishes and omni-directional antennas, such as
whips but not including satellite earth stations.
The Federal Aviation Administration.
An area of hazard beneath a telecommunications structure
(monopole, guyed and lattice towers) based on physical phenomena of
structural failure and ice and other objects being blown or falling
from the structure.
The Federal Communications Commission.
The vertical distance measured from the base of the tower
at grade to the highest point of the structure. If the tower is on
a sloped grade, then the average between the highest and lowest grades
shall be used in calculating the antenna height. A lightening rod,
not to exceed ten (10) feet, shall not be included within the height
calculation.
A tower consisting of a single pole constructed without guy
wires and ground anchors.
Any tower or antenna for which a permit has been properly
issued prior to the effective date of this Chapter.
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas including,
but not limited to, self-supporting lattice towers, guy towers or
monopole towers.
B.
General Provisions.
1.
Radio frequency radiation. Any tower and related
facilities shall meet all Federal Communications Commission requirements
for radio frequency emissions. The total radio frequency emissions
exposure to a site shall be verified by a qualified engineer to be
within FCC guidelines.
2.
Federal requirements. It is the responsibility of
the carrier to promptly resolve any electromagnetic interference problems
created per FCC regulations. All towers shall meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the Federal Government with the authority to regulate towers and
antennas. If such standards or regulations are changed, the owners
of the towers and antennas governed by this Chapter shall bring such
towers and antennas into compliance with such revised standards and
regulations within six (6) months of the effective date of such standards
or regulations unless a more stringent compliance schedule is mandated
by the controlling Federal agency.
3.
Building codes/safety standards. Towers shall be
constructed and maintained in compliance with standards contained
in applicable local building codes and the applicable standards for
towers that are published by the Electronic Industries Association,
as amended from time to time.
4.
Removal of abandoned towers. Any tower that is no
longer in use for its original communications purpose shall be removed
at the owner's expense. The owner shall provide the City with a copy
of the notice to the FCC of intent to cease operations within thirty
(30) days of providing such notice to the FCC and the tower and accessory
structures shall be removed within ninety (90) days from the date
of ceasing operations. In the case of multiple operators sharing use
of a single tower, this provision shall not become effective until
all users cease operations. The equipment on the ground shall not
be removed until the tower structure has first been dismantled and
removed.
5.
Public property. Antennas or towers located on property
owned, leased or otherwise controlled by the City shall be subject
to the requirements of this Chapter. A license or lease with the City
authorizing the location of such antenna or tower shall be required
for each site.
6.
Amateur radios and receive-only antennas. This Chapter shall not govern any tower or the installation of any antenna that is seventy (70) feet or less in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. These antenna types are governed by Section 405.775 of the zoning ordinance.
8.
As-built plans. Within sixty (60) days of completion
of the initial construction and any additional construction, two (2)
complete sets of plans drawn to scale and certified as accurately
depicting the location of all telecommunications facilities constructed
shall be furnished to the City.
9.
Inspection. All towers shall be inspected by a qualified
engineer no less frequently than once every twelve (12) months. At
a minimum, this inspection shall be conducted in accordance with the
tower inspection check list provided in the Electronics Industries
Association (EIA) Standard 222 "Structural Standards for Steel Antenna
Towers and Antenna Support Structures". A copy of such inspection
record shall be provided to the City.
10.
Underground placement of cables, wires and facilities. In all areas of the City where the cables, wires and other like
facilities of public utilities exist underground or are required by
the City to be placed underground, such cables, wires and other like
facilities associated with a tower shall be placed underground.
11.
Disturbances. In the case of any disturbance to
a street or other public property during the course of constructing
or maintaining an antenna or tower, the tower owner shall, at its
own expense, replace and restore all paving, sidewalk, driveway, landscaping
or surface of any street or other public property disturbed in as
good or better condition as before the disturbance in accordance with
applicable Federal, State and local laws, rules, regulations or administrative
decisions. The duty to restore the street or other public property
shall include the repair of any area identified by the Director of
Public Works as being weakened or damaged as a result of a cut or
to other invasion of the pavement of a street or other public property.
C.
Tower And Antenna Location And Development Standards.
1.
Permitted and permitted by conditional use permit.
[Ord. No. 1776 §1, 6-25-2014]
a.
Permitted by right. Antennas and towers are
permitted as a matter of right in "M-1" and "M-2" industrial districts.
Antennas may locate on any legally existing tower; provided, however,
that any associated equipment buildings shall be subject to final
development plan approval. All ground-mounted equipment would be subject
to final plan approval.
b.
Conditional use permits. No antenna or tower
is permitted in districts zoned "C-1," "C-2" or "A-1" except by conditional
use permit, or as otherwise expressly authorized in this Code; provided,
that to the extent not inconsistent with applicable law, an antenna
or tower and related structures and equipment may alternatively be
authorized on City-owned property in districts zoned "A-1" by express
approval in a valid, executed lease with the City, in lieu of a conditional
use permit being obtained.
c.
Not permitted. No tower is permitted in any
residential district nor may any tower exceed one hundred fifty (150)
feet in height in any district.
2.
Height and setback limitations.
a.
Permitted by right.
(1)
Towers are permitted as a matter of right to a maximum height
of one hundred (100) feet in "M-1" and "M-2" districts. Towers to
a maximum height of one hundred fifty (150) feet are permitted if
the applicant submits information certifying the capacity of the tower
for two (2) additional providers and a letter of intent from the applicant
indicating his/her intent to share space.
(2)
Towers and accessory buildings shall meet the setbacks established
for the applicable zoning district. An engineer shall certify that
the fall zone will be within the setback area proposed.
(3)
Where adjacent to a residential district, the setback shall
be two hundred fifty (250) feet. Guy wires and other support devices
shall be no closer than twenty (20) feet from any lot line.
b.
Conditional use permits.
(1)
Towers with a height not to exceed one hundred
fifty (150) feet are allowed as an accessory use in districts zoned
as "C-1," "C-2" or "A-1" by conditional use permit only, except as
otherwise expressly authorized in this Code. However, all towers exceeding
one hundred (100) feet shall be designed to accommodate at least two
(2) additional providers.
[Ord. No. 1776 §2, 6-25-2014]
(2)
Towers and accessory buildings shall meet the setbacks established
for the applicable zoning district. An engineer shall certify that
the fall zone will be within the setback area proposed.
(3)
Where adjacent to a residential district, the setback shall
be two hundred fifty (250) feet. Guy wires and other support devices
shall be no closer than twenty (20) feet from any lot line.
3.
Aesthetics.
a.
General. All towers and accessory facilities shall
be sighted to have the least practical adverse visual effect on the
environment. Towers shall not be lighted except to assure human safety
as required by the Federal Aviation Administration (FAA). Towers should
be a galvanized finish or painted as required by the Planning Commission
unless other standards are required by the FAA. In all cases, monopole
towers shall be preferable to guyed towers or freestanding structures.
Towers should be designed and sighted so as to avoid, whenever possible,
application of FAA lighting and painting requirements.
b.
Antennas on structures other than towers. Antennas
on the rooftop or above a structure shall be screened or constructed
and/or colored to match the structure to which they are attached.
Antennas mounted on the side of a building or structure shall be painted
to match the color of the building or structure or the background
against which they are most commonly seen. If an accessory equipment
shelter is present, it must blend with the surrounding building(s)
in architectural character or color.
c.
Accessory equipment storage. Mobile or immobile
equipment not used in direct support of a tower facility shall not
be stored or parked on the site of the communication tower, unless
repairs to the tower are being made.
d.
Security fencing. All antenna support structures,
antenna and any attachments thereto including, but not limited to,
any stabilizing wires and anchors must be contained within a protective
fence designed to prevent all persons, including children, from coming
into contact with the same. Security fencing shall be colored or shall
be of a design which blends into the character of the existing environment.
The fence shall be at least six (6) feet high and at least twelve
(12) radius feet from the antenna to provide the security as described
herein.
e.
Design. All communication towers shall be of a monopole
design unless required by the Planning Commission to be architecturally
compatible to the surrounding development.
f.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the governing authority may review the available lighting
alternatives and approve the design that would cause the least disturbance
to the surrounding views.
g.
Landscaping.
(1)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from adjacent properties and public rights-of-way. The standard buffer
shall consist of a landscaped strip at least five (5) feet wide outside
the security fence.
(2)
Where the visual impact of a tower would be minimal, the landscaping
requirement may be reduced or waived altogether.
(3)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sighted on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
4.
Accessory use provisions. Antennas and towers are
allowed as either principal or accessory uses in those districts which
they are allowed. A different existing use or an existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations
including, but not limited to, setback requirements, lot coverage
requirements and other such requirements, the dimensions of the entire
lot shall control. Towers that are constructed and antennas that are
installed in accordance with the provisions of this Chapter shall
not be deemed to constitute the expansion of a non-conforming use
or structure.
5.
Separation. No tower in excess of one hundred (100)
feet in height shall be constructed less than one thousand five hundred
(1,500) feet from the nearest existing tower in excess of one hundred
(100) feet in height nor less than seven hundred fifty (750) feet
from an existing tower less than one hundred (100) feet in height.
No tower less than one hundred (100) feet in height shall be constructed
within seven hundred fifty (750) feet of any existing tower. The minimum
separation set forth above shall not apply to a tower that is determined
by the Planning Commission to be an architecturally compatible element
to the existing or proposed use of the property.
6.
Co-location.
a.
All towers shall be designed to accommodate at least three (3) two-way
antennas for every one hundred fifty (150) feet of tower height or
at least one (1) two-way antenna and one (1) microwave facility for
every one hundred fifty (150) feet of tower height. The above requirements
may be modified to provide the maximum number of compatible users
within the radio frequency emission levels.
b.
Conditional use permits may be conditioned upon at least two (2)
other wireless providers being allowed to lease space at reasonable
cost or upon the applicant making a good faith efforts to offer space
on the tower.
D.
Application And Permit Requirements. A site plan/application
shall include the following:
1.
Written authorization from the property owner of the proposed tower
site.
2.
A site plan:
a.
Drawn to scale.
b.
Showing the property boundaries.
c.
Showing any tower guy wire anchors and other apparatus.
d.
Existing and proposed structures.
e.
Scaled elevation view.
f.
Access road(s) location and surface material.
g.
Parking area.
h.
Fences.
i.
Location and content of (any or warning) signs.
j.
Exterior lighting specifications.
k.
Landscaping plan.
l.
Land elevation contours.
m.
Existing land uses surrounding the site.
3.
A written report including:
a.
Information describing the tower height and design.
b.
A cross section of the structure.
c.
Engineering specifications detailing construction of tower, base
and guy wire anchorage.
d.
Information describing the proposed painting and lighting schemes.
e.
Information describing the tower's capacity, including the number
and type of antennas that it can accommodate.
f.
All tower structural information to be certified by a licensed PE.
g.
A statement as to the unavailability of other sites for one (1) or
more of the following reasons:
(1)
Refusal by current tower owner.
(2)
Topographic limitations.
(3)
Adjacent impediments blocking transmission.
(4)
Site limitations to tower construction.
(5)
Technical limitations of the system.
(6)
Equipment exceeds structural capacity of facility or tower.
(7)
No space on existing facility or tower.
(8)
Other limiting factors rendering existing facilities or towers
unusable.
(9)
An update of capacity of an existing tower.
4.
A signed statement from the applicant indicating the applicant's
intention to share space on the tower with other providers.
5.
The applicant will furnish from a qualified independent third (3rd)
party an analysis indicating the cumulative electromagnetic radiation
of a site (cumulative impact) is within National Environmental Policy
Act (NEPA) standards enforced by the FCC.
6.
Each applicant for an antenna site shall provide an inventory of
its existing antenna facilities and their coverage area that are either
within the jurisdiction of the City or within one-quarter (¼)
mile of the border thereof, including specific information about the
location, height and design of each facility. A geographical map containing
this information is also required.
A.
Accessory
utility facilities shall be allowed in all districts only pursuant
to the provisions of this Section. Every public utility, cable company,
video services provider and other users of the City's rights-of-way
or adjacent easements to provide services shall comply with the supplemental
regulations in this Section regarding the placement of accessory utility
facilities on public or private property. For purposes of this Section,
"accessory utility facilities" shall mean such facilities, including
pedestals, boxes, vaults, cabinets, or other ground-mounted or below-ground
facilities, that directly serve the property or local area in which
the facility is placed, are not primarily for transmission or distribution
to other locations, do not materially alter the character of the neighborhood
or area, and otherwise are customarily found in such areas. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1.
Approval — design — location — application —
notice. The design, location, and nature of all accessory
utility facilities on private or public property shall require approval
of the City, which approval shall be considered in a nondiscriminatory
manner, in conformance with this Section, and subject to reasonable
permit conditions as may be necessary to meet the requirements of
this Section. To that end, prior to any construction, excavation,
installation, expansion or other work on any accessory utility facility,
the facility owner shall apply to the City and submit detailed plans
for the City's review and approval. Contemporaneous with such application,
the facility owner shall provide notice to all property owners on
or directly adjacent to the property of the location of the proposed
construction, excavation or other work. Such notice shall include
a detailed description of the proposed work to be done, the exact
location of proposed work and the anticipated time and duration of
the proposed work. Notice shall be given at least five (5) business
days prior to the commencement of any such work. In considering individual
applications or multiple location applications, the City shall review
the request to ensure the proposed accessory utility facilities do
not impair public safety, harm property values or significant sight-lines,
or degrade the aesthetics of the adjoining properties or neighborhood,
taking into consideration reasonable alternatives. Any material changes
or extensions to such facilities or the construction of any additional
structures shall be subject to the requirements and approvals as set
forth herein. Unless otherwise prohibited, accessory utility facilities
subject to this Subsection may be located in minimum setback areas
provided that all other requirements are met. To the extent permitted
by Section 67.2707.1(3), RSMo., the time, method, manner and location
of facilities to be located in the rights-of-way may be established
or conditioned by the City to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the City to reimburse the City for the costs of review and inspection
of accessory utility facilities as may be permitted by applicable
law.
2.
General regulations. The following general regulations
apply to all accessory utility facilities:
b.
All such facilities shall be constructed and maintained in such a
manner so as not to emit any unnecessary or intrusive noise.
c.
All facilities for which use has commenced shall be deemed abandoned
after six (6) continuous months of non-use, and shall therefore be
removed within thirty (30) days thereafter at the cost of the facility
owner. Where deemed appropriate by the Public Works Director, the
applicant may request and the Director may permit existing underground
cables to remain in place where the detriment of removal would outweigh
the benefits to the public. Land from which abandoned facilities are
removed, whether private or public property, shall be restored within
thirty (30) days of removal by the facility owner or have costs of
such remedies charged to the facility owner. The facility owner shall
restore the land using similar plantings or sod of the same type of
grass immediately surrounding the land and shall replace all existing
plantings damaged by the removal work with like plantings and shall
replace all damaged existing grass areas with sod of the same type
of grass as was damaged.
d.
Unless otherwise restricted, utility poles for authorized above ground
lines or facilities shall be permitted up to forty-five (45) feet
in height, except for arterial roads where such poles shall be authorized
on one side of such roads at up to sixty (60) feet in height, where
utilities are not otherwise required to be placed underground; provided
that such poles shall be no higher than necessary, maintained so as
to avoid leaning from upright position, and without use of guy wires
crossing rights-of-way or pedestrian routes except where approved
by the City as necessary due to the lack of feasible alternatives.
e.
Accessory utility facilities placed in designated historic areas
may be subject to additional requirements regarding the placement
and appearance of facilities as may be necessary to reasonably avoid
or reduce any negative impact of such placement.
f.
Any damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be remedied
by the facility owner within thirty (30) days of such damage.
g.
No facility may be located so as to interfere, or be likely to interfere,
with any public facilities or use of public property.
3.
Residential districts. In residential districts
and rights-of-way adjacent thereto, accessory utility facilities less
than three and one-half (3.5) feet in height and covering less than
eight (8) square feet in area may be installed above ground with the
prior approval of the City. Except as otherwise may be authorized
herein, any larger facility shall be installed underground or authorized
to be installed above ground only by conditional use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public rights-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
4.
Non-residential districts. In non-residential districts
and rights-of-way adjacent thereto, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger facility shall be installed underground or authorized to
be installed above ground only by conditional use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public rights-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
5.
Landscape screening. A sight-proof landscape screen
shall be provided for all authorized above ground facilities taller
than three (3) feet in height or covering in excess of four (4) square
feet in area. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
repair, maintenance or replacement of screening materials. Alternative
screening or concealment may be approved by the City to the extent
it meets or exceeds the purposes of these requirements. Facilities
located in rear yards may be exempted from screening where located
so as not to be visible from (1) any public property and (2) more
than two residential dwelling units. Any required screening shall
be completed within the timeframe set forth in the permit required
under this Section, or not less than thirty (30) days from issuance
of the permit, if not otherwise stated.
6.
Compliance with other laws. All accessory utility
facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code, including, but
not limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the supplementary regulations
herein. The provisions of this Section shall not apply to any circumstance
or entity in which application under such circumstances is preempted
or otherwise precluded by superseding law.
[Zoning Regs. §20A.145; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1479 §1(20A.145), 6-14-2006]
A.
General Regulations.
1.
Indoor shooting ranges shall be located only in the "M-1" Light Industrial
Zoning District and the "M2" General Industrial District as a conditional
use. A conditional use permit shall be required.
2.
Any person operating an indoor shooting range, which was open, operating
and permitted prior to the enactment of this Section, shall not be
allowed to operate the facility for any purpose until the zoning requirements
for such establishments have been satisfied.
3.
Indoor shooting ranges shall have walls, ceilings and floors that
are impenetrable to the ammunition discharged by firearms being used
within it or have internal baffling built so that the ammunition discharged
cannot hit the walls or ceiling. Doors and windows which are in front
of the firing points must be bolted from the inside and must comply
with this Subsection as part of the building walls at all times the
facility is in use. Gas projectiles and incendiary devices shall not
be used in such facilities. Protective stalls shall be built between
each firing point used for the discharge of a pistol.
4.
Indoor shooting ranges shall be constructed and insulated in such
a manner that prevents sound from the discharge of firearms within
the facility to escape outside the premises or disturb the peace of
other persons outside the premises. Hearing protectors, which fully
cover the shooter's ears, shall be provided by the indoor shooting
range, made available for all shooters or other persons in the firing
area and are required to be worn at all times in the firing area.
5.
Nothing in this Section shall be construed to exempt any indoor shooting
range, its construction, remodeling or operation from any applicable
City, State or Federal law, rule or regulation.
6.
All indoor shooting ranges and instructors at any shooting range
shall be certified by the National Rifle Association or by the State
of Missouri.
B.
Records. All operators of indoor shooting ranges shall keep
and maintain any legally required records regarding the use of the
range and the sale of firearms and ammunition by the operator. All
such records shall be open for inspection during all hours of operation
by the Chief of Police or his/her designee. The Chief of Police or
his/her designee shall also have the right to inspect the operation
of the indoor shooting range during all hours of operation to verify
the safe operation of the facility.
1.
It shall be unlawful and an offense for any owner, manager, operator
or employee of an indoor shooting range to permit any person or persons
to bring any intoxicating liquor, intoxicating substance, low point
beer, controlled dangerous substance or other intoxicating compound
or dangerous substance on the premises of any indoor shooting range;
to permit the consumption of the same on the premises; or to permit
them to be left at any place on the premises. It shall be unlawful
and an offense for any person operating a range to permit any intoxicated
or chemically impaired person to be or remain on the premises.
2.
It shall be unlawful and an offense for any person to discharge any
firearm within an indoor shooting range in a manner that violates
any provision of this Section or so that the shot, projectile, bullet
or fragments avoid the backstop and other safety precautions and escape
the confines of any indoor shooting range causing bodily injury to
a person on the premises. An owner, manager, operator, employee or
agent of an indoor shooting range shall supervise the users of the
facility and shall remove and bar from the premises any person who
refuses to comply with generally accepted safety practices within
the provisions of this Section or comply with the rules and regulations
concerning safety imposed by the operator.
3.
It shall be unlawful and an offense for any person to manage or operate
any indoor shooting range in any manner which violates the requirement
of this Code.
C.
Penalty. Every person charged with violating this Section upon conviction in Municipal Court may be punished as provided in Section 100.100 of the Platte City Municipal Code. No person convicted of violating this Section shall be eligible to hold or apply for the annual indoor shooting range permit.
[Zoning Regs. §20A.150; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1484 §3, 7-12-2006]
A.
Required Licenses. It shall be unlawful for any person to engage in the business of operating a cosmetic tattoo and/or body piercing establishment or performance of cosmetic tattoo and/or body piercing services without first obtaining a license as set forth in Section 610.020 of the City of Platte City Municipal Code.
B.
Building Requirements. Each person who operates a cosmetic
tattooing or body piercing establishment shall comply with the following
requirements:
1.
The room in which cosmetic tattooing or body piercing is done shall
have an area of not less than one hundred (100) square feet. The walls,
floors and ceiling shall have an impervious, smooth and washable surface.
2.
A lavatory shall be located in the establishment and shall be accessible
to the public at all times when the cosmetic tattooing and/or body
piercing establishment is open for business. The lavatory shall be
supplied with hot and cold running water, soap and sanitary towels.
3.
All tables and other equipment shall be constructed of easily cleanable
material, shall be painted or finished in a light color, with a smooth
washable finish and shall be separated from the view of waiting customers
or observers by a panel at least six (6) feet or one and eighty-three
hundredths (1.83) meters high or by a door. The entire premises and
equipment shall be maintained in a clean, sanitary condition and in
good repair.
C.
Health And Safety Regulations. Anyone engaging in the business of operating a cosmetic tattoo and/or body piercing establishment or performing of cosmetic tattoo and/or body piercing services shall fully comply with any and all applicable health and safety regulations set described or forth in Section 610.020 of the City of Platte City Municipal Code.
D.
E.
Existing Businesses. Anyone engaging in the business of
operating a cosmetic tattoo and/or body piercing establishment or
performing of cosmetic tattoo and/or body piercing services as described
in this Section prior to the effective date of this Section shall
have sixty (60) days from the date of passage to become fully compliant
with this Section.
[Zoning Regs. §20A.160; Ord. No. 1014 §3, 6-12-1998]
A.
Permit And License Requirement. No massage therapy services
may be performed within the City limits without first obtaining a
permit and license(s) as described herein. Massage therapy services
may not be rendered in a stand-alone facility or residence, rather
they may only be provided in conjunction with another permitted use
within a district including, but not limited to, health facility,
barbershops and beauty salons. Anyone engaging in the business of
providing massage therapy services shall fully comply with any and
all applicable Federal, State and County health and safety regulations
as well as all other health and safety regulations set forth in the
Platte City zoning ordinance and the Platte City Code and shall be
obligated to obtain the following:
B.
Existing Businesses. Any person or entity engaging in the
business of providing massage therapy prior to the enactment of this
Section shall have sixty (60) days from the date of enactment to become
fully compliant with the provisions of the Platte City zoning ordinance
and Platte City Code.
C.
Penalties. In addition to any penalty assessed for a violation
of these provisions, the permittee or licensee may be punished by
revocation and suspension of any license and conditional use permit
from the City of Platte City.
