City of Grain Valley, MO Zoning Regulations

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair or use of buildings and the location of buildings designed for specific uses and regulating and limiting the height of buildings hereafter erected or altered, the incorporated territory of the City of Grain Valley, Missouri, is hereby divided into the following districts as follows:

District "A"	-	Agricultural District
District "R-1"	-	Single-Family Residential District
District "R-2"	-	Duplex Residential District
District "R-3"	-	Multi-Family Residential District
District "R-4"	-	Manufactured Home Residential District
District "RO"	-	Non-Retail Business District
District "C-B"	-	Controlled Business District
District "C-1"	-	Central Business District
District "C-2"	-	General Business District
District "C-3"	-	Highway Commercial District
District "R-P"	-	Research Park District
District "M-1"	-	Light Industrial District
District "M-2"	-	Heavy Industrial District
District "I-P"	-	Industrial Park District
District "P"	-	Planned Overlay District
District "PUD"	-	Planned Unit Development

Section 400.030 District Map Adopted.

[Ord. No. 1084 §30, 3-10-1997]

Boundaries of the districts as enumerated in Section 400.020 of this Chapter are hereby established as shown on the maps, which maps are hereby designated as the "Zoning District Maps", and said maps and all notations, references and information shown thereon are hereby made as much a part of the ordinance as if the same were set forth in full herein. It shall be the duty of the Planning and Zoning Commission to keep on file in its office an authentic copy of said maps and all changes, amendments or additions thereto.

When definite distances in feet are not shown on the Zoning District Maps, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same; and if the exact location of such lines is not clear, it shall be determined by the Planning and Zoning Commission, due consideration being given to location and indicated by the scale of the Zoning District Maps.

When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Maps the Planning and Zoning Commission may apply the district designations on the maps to the street or alleys on the ground in such manner as to conform to the intent and purpose of this Chapter.

Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street or alley.

Section 400.040 Definitions.

[Ord. No. 1084 §40, 3-10-1997; Ord. No. 2067, 2-22-2010]

For the purpose of this Chapter, words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the term "used for" includes the meaning "designed for" or "intended for". The following words and terms, as used herein, are defined to mean the following:

ACCESSORY BUILDING OR USE: A subordinate building having a use customarily incident to and located on the lot occupied by the main building or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building. Living quarters used by night watchmen or security personnel shall meet the requirements of the Uniform Building Code.

ADMINISTRATIVE AND BUSINESS OFFICES: Offices of private firms or organizations which are primarily used for the provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, photocopy and reproduction, and business offices of public utilities, organizations and associations or other use classifications when the service rendered is that customarily associated with administrative office services.

ADULT: As used in this Chapter, refers to persons who have attained the age of at least eighteen (18) years.

ADULT BOOK STORE: An establishment or business having as a substantial or significant portion of its stock in trade, books, magazines, photographs, pictures and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and limited in sale of such sexual material to adults.

ADULT MOTION PICTURE THEATER: An enclosed building used for presenting or showing for money consideration, movie or video films or pictures or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by customers therein.

ADULT NIGHT CLUB: An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

AGRICULTURAL SALES AND SERVICES: Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores, and tree service firms.

ALLEY: A minor way dedicated for public use which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.

ALTERATION: Any addition, remodel, removal, extension or change in the interior walls or partitions or any modification of any exterior surface of a main building or accessory building.

ANIMAL SERVICES: Veterinary services and hospitals for animals. Typical uses include small animal clinics and veterinary hospitals for livestock and large animals.

APARTMENT: A room or a suite of rooms within an apartment house or two-family dwelling arranged, intended or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.

APARTMENT HOTEL: An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

APARTMENT HOUSE: A building arranged, intended or designed for more than two (2) families.

APPEAL: Appeal for variance from any provision of the Comprehensive Zoning Ordinance shall be to the Board of Adjustment.

AREA ZONED FOR RESIDENTIAL USE: Areas zoned for residential use are defined as Districts.

ART AND CRAFT STUDIO (INDUSTRIAL): A use involving the production of works of art which require mechanical equipment exceeding two (2) horsepower or a single kiln of eight (8) kilowatts. This use shall include the incidental sale to consumers of those works produced on site.

ART AND CRAFT STUDIO (LIMITED): A use involving the production of works of art by individuals and assistants and the incidental sale to consumers of those works produced, limited to the use of hand tools or domestic mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts. The use shall not produce external noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference or waste runoff.

AUTOMOBILE WRECKING YARD: Any area of land where two (2) or more motor vehicles, not in operating condition or parts thereof, are stored in the open; or any land, building or structure used for the wrecking or storing of such motor vehicles or parts thereof not in operating condition.

AUTOMOTIVE AND EQUIPMENT SERVICES: Establishments or places of business primarily engaged in automotive related or heavy equipment sales or services. The following are automotive and equipment use types:

BASEMENT: A story below the first (1st) story as defined under "Story" counted as a story for height regulations.

BASIC INDUSTRY: A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials.

BLOCK: A piece or parcel of land entirely surrounded by public highways or streets, other than alleys.

BOARD: Board of Adjustment.

BOARDING HOUSE OR LODGING HOUSE: A building, other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for five (5) or more persons for compensation pursuant to previous arrangements, but not for the public or transients.

BUILDING: A structure for the purpose of housing or enclosing of persons, animals or property.

BUILDING AND GROUNDS MAINTENANCE SERVICES: Establishments primarily engaged in the provision of maintenance and custodial services to firms rather than individuals. Typical uses include janitorial, mowing, landscape maintenance, or window cleaning services.

BUILDING COVERAGE: The floor area of the building at grade, also known as the building's footprint.

BUILDING LINE: The line parallel to the respective lot line and internal to the lot that defines the required building setback as specified in the zoning district. No building or other structure or portion thereof, except as provided in this Code, may be erected above the grade level.
[Ord. No. 2506, 6-8-2020]

BUSINESS OR TRADE SCHOOL: A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit and not otherwise defined as a home occupation, college or university, or public or private educational facility.

BUSINESS SUPPORT SERVICES: Establishments primarily engaged in the sale, rental or repair of equipment and supplies used by office, professional and service establishments to the firms themselves rather than to individuals, but excludes automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms.

CHURCH: A facility for religious use.

COCKTAIL LOUNGE: A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges and similar uses other than a restaurant as that term is defined in this Section.

COMMERCIAL EMBALMING SERVICES: A use providing undertaking services for other funeral service establishments.

COMMERCIAL RECREATION: Establishments or places of business primarily engaged in the provision of sports, entertainment or recreation for participants or spectators. The following are commercial recreation use types:

COMMUNICATIONS SERVICES: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Typical uses include television studios, telecommunication service centers or telegraph service offices. Film and sound recording shall be included.

CONDOMINIUM: A system of separate ownership of individual space within units in a multiple unit building.

CONSTRUCTION SALES AND SERVICES (GENERAL): Establishments or places of business primarily engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as construction activities and the outdoor storage of construction equipment or materials on lots other than construction sites. Excluded are those classified as one of the automotive and equipment services use types or construction sales and services (limited). Typical uses may include lumber yards, building materials stores, tool and equipment rental or sales, and building contractors.

CONSTRUCTION SALES AND SERVICES (LIMITED): Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials (such as paint, fixtures, hardware, wallcoverings and floorcoverings) used in the construction and maintenance of buildings or other structures as well as limited outdoor storage of materials. Excluded are those classified as construction sales and services (general). Typical uses may include building materials stores and lawn and garden supply stores. For the purposes of this definition, limited open air storage shall be screened and shall be ancillary to the primary use and may not exceed fifteen percent (15%) of the main building floor area.

CONSUMER CONVENIENCE SERVICES: Establishments which provide services, primarily to individuals, of a convenient and limited nature, often in access-controlled facilities which make twenty-four (24) hour operation possible. Typical uses include the renting of private postal and safety deposit boxes to individuals and automated banking machines.

CONSUMER REPAIR SERVICES: Establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding automotive and equipment services use types. Typical uses include watch or jewelry repair shops or musical instrument repair shops.

CONVENIENCE STORAGE: Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use as workshops, hobbyshops, manufacturing or commercial activity. Typical uses include mini-warehousing.

COURT: An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.

CURB LEVEL: The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.

CUSTOM MANUFACTURING: Establishments primarily engaged in the on-site production of goods by hand manufacturing which involves only the use of hand tools or domestic mechanical equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those goods produced on-site. Typical uses include ceramic studios, candle-making shops or custom jewelry manufacturing.

DAY CARE FACILITIES

Family day care home. Family home, occupied by the day care provider, in which family-like care is given to four (4) persons or less, not related to the day care provider, for any part of the twenty-four (24) hour day.

Day care center. Any facility, other than a family home occupied by the day care provider, which receives persons for care for any part of the twenty-four (24) hour day.

DAY CARE SERVICES (COMMERCIAL): A facility designed or readapted for the care of more than ten (10) individuals, whether children or adults. This term includes nursery schools, preschools, day care centers for children or adults and similar uses, but excludes public and private primary and/or secondary educational facilities.

DAY CARE SERVICES (LIMITED): A facility or use of a building or portion thereof for daytime care of ten (10) or fewer individuals. This term includes nursery schools, preschools, day care centers for children or adults and similar uses, but excludes public and private primary and/or secondary educational facilities.

DRIVE-IN RESTAURANT OR DRIVE-IN CAFE: An establishment whose business consists of preparing and serving food and drink to patrons who remain seated in their automobiles, parked on the premises around the restaurant.

DWELLING: A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings, boarding and lodging houses, apartment houses and apartment hotels, but not hotels, house trailers or mobile homes.

DWELLING - MULTIPLE: A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families living independently of each other, including apartment houses, row houses, tenements and apartment hotels.

DWELLING - ONE-FAMILY: A detached building arranged, intended or designed for occupancy by one (1) family in one (1) dwelling unit.

DWELLING - TWO-FAMILY: A building arranged, intended or designed for occupancy by two (2) families in two (2) dwelling units.

DWELLING UNIT: One (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

EXTERMINATING SERVICES: Services related to the eradication and control of rodents, insects and other pests with incidental storage on lots other than where the service is rendered.

FAMILY: One (1) or more persons who are related by blood or marriage, including not more than two (2) lodgers or boarders, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than four (4) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis.

FASCIA: A vertical plane that represents the transition from the eave height at the load-bearing walls to the roof line.

FINANCIAL SERVICES: Establishments primarily engaged in the provision of financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities and similar services.

FLOOR AREA RATIO (FAR): The ratio of gross floor area to gross site area.

FOOD SALES (CONVENIENCE): Establishments less than ten thousand (10,000) square feet of gross floor area primarily engaged in the retail sale of food or household products for home consumption. Typical uses include grocery stores (including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.

FOOD SALES (GENERAL): Establishments with ten thousand (10,000) square feet of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption. Typical uses include large grocery stores (including the sale of beer and wine in unopened containers for off-premises consumption where revenue from the sale of groceries comprises at least fifty-one percent (51%) of the gross income of the establishment and where at least fifty-one percent (51%) of the total display or shelf space is devoted to groceries other than beer and wine), delicatessens, meat markets, retail bakeries and candy shops.

FUNERAL SERVICES: Establishments engaged in undertaking services such as preparing the human dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries, excluding commercial embalming services.

GARAGE - PARKING: A garage, available to the public, for the parking of motor vehicles for periods of time less than seventy-two (72) hours.

GARAGE - PRIVATE: An accessory building for storage only of passenger motor vehicles or light pickup trucks.

GARAGE - PUBLIC: Any garage, available to the public, operated for profit and used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARAGE - STORAGE: A building or portion thereof, except those defined as a private, a public or a parking garage, providing storage for motor vehicles with facilities for washing but no other services.

GLASS CURTAIN WALL: An exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.

GROUP HOUSING PROJECT: A building project consisting of three (3) or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots.

GROSS FLOOR AREA (GFA): The total enclosed area of all floors of a building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade areas used for habitation, work or access. Excluded from gross floor area calculations are parking facilities and airspace above the atria ground floor.

GROSS SITE AREA: An area defined as the total site area including easements, floodplains, waterways, ponds and any other area for preservation.

GROUP HOME: Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside in accordance with Section 89.020, RSMo., 1994, as amended.

HEIGHT OF BUILDINGS: The vertical distance measured from the highest of the following three (3) levels:

HOTEL: A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms.

HOTEL - MOTEL: Lodging services involving the provision of room and/or board.

IMPERVIOUS COVERAGE: The total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements or structures contributing to runoff greater than would occur on the site in its natural state.

INDOOR ENTERTAINMENT: Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls and dance halls.

INDOOR SPORTS AND RECREATION: Uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, penny arcades, electronic video games and indoor racquetball, handball, volleyball, soccer, badminton and basketball courts.

INOPERATIVE VEHICLE: Any wrecked, disabled or damaged vehicle. Any one (1) of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:

JUNK YARD OR SALVAGE YARD: An area or fenced enclosure used primarily for the collection, storage and/or sale of waste paper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition and/or for the sale of parts therefrom.

KENNELS: Boarding and care services for dogs, cats and similar small animals. Typical uses include boarding kennels, pet motels or dog training centers.

LAUNDRY SERVICES: Establishments primarily engaged in the provision of laundering, dry cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants or linen supply services.

LIGHT MANUFACTURING: A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts including processing, fabrication, assembly, treatment and packaging of such products and incidental storage, sales and distribution of such products, but excluding basic industrial processing. The manufacture of industrial solvents and cleaners shall be included.

LIQUOR SALES: Establishments or places of business engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops or any licensed sales of liquor, beer or wine for off-site consumption.

LOADING AREA: An area used for loading or unloading of goods from a vehicle in connection with the use of the site on which a loading space is located.

LOT: A parcel of land occupied or to be occupied by one (1) building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Chapter and having its principal frontage upon a public street or a place.

LOT - CORNER: A lot abutting upon two (2) or more streets at their intersection. A "corner lot" shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Director of Community Development.
[Ord. No. 2506, 6-8-2020]

LOT - IN SEPARATE OWNERSHIP AT TIME OF PASSAGE OF THIS CHAPTER: A lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the office of the Recorder of Deeds of Jackson County on or before the date of adoption of this Chapter and conforming with previous zoning ordinances of Grain Valley, Missouri.

LOT - INTERIOR: A lot whose side lines do not abut upon any street.

LOT - THROUGH: An interior lot having frontage on two (2) streets.

LOT COVERAGE: Measures the percentage of the lot that is covered by the building. The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.

LOT DEPTH: The minimum horizontal distance from the front street line to the rear line.

LOT LINE - FRONT: The boundary between a lot and the street on which it fronts.

LOT LINE - REAR: The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty, the Building Official shall determine the rear line.

LOT LINE - SIDE: Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place or a side street line.

LOT LINES: The lines bounding a lot as defined herein.

LOT WIDTH: The minimum horizontal distance between side lines, at a point at or behind the building setback line, measured at right angles to the mean depth of the lot. The lot width need only be calculated on that portion of the lot required to meet the minimum lot area.

MANSARD ROOF: A vertical plane which extends above the roof line.

MANUFACTURED HOME: A factory-built structure or structures conforming to HUD standards which, in the traveling mode is more than eight (8) body feet in width and forty (40) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

MANUFACTURED HOME LOT: A parcel of land for the placement of one (1) single or multi-sectional manufactured home and its accessory buildings for the exclusive use of its occupants.

MANUFACTURED HOME PARK: (District "R-4") A parcel of land under single ownership which has been developed into lots for the placement of manufacture homes for residences.

MANUFACTURED HOME STAND: That part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.

MASTER CITY PLAN: The Comprehensive Plans adopted by the Planning and Zoning Commission and Board of Aldermen indicating the general locations recommended for the major arterial traffic routes, streets, parks, public buildings, zoning districts and other public improvements.

MEDICAL OFFICES: A use providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories and similar practitioners of medical and healing arts for humans licensed for such practice by the State of Missouri.

MOBILE HOME: A movable, detached, single-family dwelling unit conforming to the minimum Housing Code requirements of the City of Grain Valley, Missouri, for permanent, long-term occupancy with a minimum living area within said unit of five hundred (500) square feet exclusive of attached porches or rooms; is constructed or fabricated within a factory complete with an integral utility system capable of being connected to an outside system and can be transported over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to separate utility systems. A mobile home may or may not be placed on a permanent foundation and does not include campers, tent trailers or other units designed for overnight or transitory use.

MODULAR UNIT: A factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. Modular units do not include structures intended for use as mobile homes or constructed with an integral chassis and attached wheels. Modular units used for residential purposes shall be placed on a permanent foundation.

MOTEL: A motorist's hotel having the following characteristics: (a) complete furnishings and bath facilities in each unit; (b) available services as normally provided by hotels; (c) at least one (1) parking space provided in adjacent private roadways or courts for each guest room with either direct or convenient access from parking space to guest room. The provision for restaurant facilities appurtenant to motels is optional.

MOTOR HOME: A self-propelled vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use.

NON-CONFORMING USE - BUILDING OR YARD: A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal, non-conforming use if established in conformance with prior ordinances prior to the passage of this Chapter and an illegal, non-conforming use if established after the passage of this Chapter, established not in conformance with prior ordinances or not otherwise approved as provided herein.

PANELIZED HOME: A dwelling constructed of factory-fabricated wall, ceiling, roof and floor panels which are transported to a building site and there erected on a permanent foundation.

PAWN SHOP SERVICES: A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PERSONAL IMPROVEMENT SERVICES: Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a non-professional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

PERSONAL SERVICES: Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, seamstress, tailor, shoe repair shops or dry cleaning pickup station services.

PLACE: An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.

PLANNED DISTRICT: Land rezoned to any zoning classification with development in said district only in accordance with the approved site development plan requirements.

PLANNING AND ZONING COMMISSION: Commission established by separate ordinance for the purpose of promulgating orderly planning and zoning.

PROFESSIONAL OFFICE: A use providing professional or consulting services in the fields of law, architecture, design, engineering, accounting and similar professions.

RECREATIONAL VEHICLE: Vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size and weight as to not require special highway movement permits when drawn by a motorized vehicle.

RESEARCH ASSEMBLY SERVICES: The assembly of products which are related to research services and which are used by the owners of the research establishment or by affiliated entities in the delivery of services performed by the owner or affiliated entities. Research assembly services would not include the mass production of products for general sale to customers.

RESEARCH SERVICES: Establishments primarily engaged in research of an industrial or scientific nature but excludes final product testing. Typical uses include electronics research laboratories, space research and development firms, higher learning institutions, medical laboratories or pharmaceutical research labs.

RESEARCH TESTING SERVICES: Research activities that may be permitted only with the approval of the Board of Aldermen.

RESEARCH WAREHOUSING SERVICES: The closed or screened storage of materials or equipment related to research services. Research associated storage excludes the bulk warehousing or permanent storage of hazardous or toxic substances. Underground or bulk storage of chemicals outdoors shall be prohibited except for incidental storage in connection with testing services.

RESOURCE EXTRACTION: A use involving the on-site extraction of surface or subsurface mineral products or natural resources. Typical extractive uses are quarries, borrow pits, sand and gravel operations, oil and gas extraction, and mining operations.

RESTAURANT (CONVENIENCE): A use engaged in the preparation and retail sale of food that generates more traffic than the uses listed as restaurant (limited). Typical uses include "fast food" restaurants.

RESTAURANT (GENERAL): An establishment primarily engaged in preparation of full course meals served on premises with complete kitchen facilities for preparation of the food sold and where alcoholic beverages may be sold only in conjunction with meals.

RESTAURANT (LIMITED): A use engaged in the preparation and retail sale of food and beverages, excluding alcoholic beverages. Typical uses include soda fountains, ice cream parlors and coffee shops.

RETAIL SALES OR RENTAL (CONVENIENCE): Sale or rental of commonly used goods and merchandise for personal or household use but excludes those defined separately and more specifically in this Chapter. Typical uses include apparel stores or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics and specialty items; apparel, jewelry, fabrics and like items; cameras, photography services; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, office supplies and bicycles.

RETAIL SALES OR RENTAL (GENERAL): Sale or rental of commonly used goods and merchandise for personal or household use, but excludes those defined separately and more specifically in this Chapter. Typical uses include department stores, furniture stores or establishments providing the following products or services: home furnishing and appliances, wallpaper, carpeting and floor-covering; and automotive parts and accessories (excluding service and installation).

ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not all such roadways collectively.

SEAL: A device, label or insignia issued by the Missouri Public Service Commission, U.S. Department of Housing and Urban Development or its agent to be displayed on the exterior of the manufactured home to evidence compliance with applicable Codes.

SHORT-TERM LOAN ESTABLISHMENT: A business that loans money to the general public for a period of thirty (30) days or less and in principal amounts of five hundred dollars ($500) or less, commonly known as payday lenders. "Short-term loan establishments" do not include banks, savings and loan associations or credit unions that are licensed by appropriate State and Federal agencies, or retail credit financing institutions that are licensed under Chapter 364 or 365, RSMo., or pawn shops governed by Chapter 367, RSMo., or retail merchants governed by Chapter 400.2, RSMo.
[Ord. No. 2370 §1, 10-26-2015]

SIGNS: Any words, numerals, figures, devices, designs, trademarks or logos intended to direct one's attention to a business, subdivision or attraction, which are a part of, painted on or attached to a frame, pole or bracket and mounted on or affixed to a building, pole, structure or on the ground.

SMALL ANIMAL SERVICES: Retail sales, veterinary services, grooming and boarding, when totally within a building, of dogs, cats, birds, fish and similar small animals customarily kept as household pets. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons and pet grooming shops but exclude uses for livestock and large animals.

SPECIFIED ANATOMICAL AREA: For the purpose of this Section, "specified anatomical areas" are defined as:

SPECIFIED SEXUAL ACTIVITIES: For the purpose of this Section, "specified sexual activities" are defined as sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.

STABLES: Boarding, breeding or raising of horses not owned by the occupants of the premises or rental of horses for riding by other than the occupants of the premises or their non-paying guests. Typical uses include boarding stables or public stables.

STABLE - PRIVATE: An accessory building for the keeping of ponies, horses or mules owned by occupants of the premises and not kept for remuneration, hire or sale.

STABLE - PUBLIC: A stable other than a private or riding stable as defined herein.

STABLE - RIDING: A structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire; including riding track.

STOCKYARDS: Stockyard services involving the temporary keeping of livestock for slaughter, market or shipping. Typical uses include stockyards, animal sales or auction yards.

STORAGE: Keeping of a product for a period of time exceeding seventy-two (72) hours.

STORY: That part of a building including between the surface of one (1) floor and the surface of the floor next above or, if there be no floor above, that part of the building which is above the surface of the next highest floor thereof. A top story attic is a one-half (½) story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade or average ground level, as mentioned in "Height of Buildings" in this Section.

STREET: A thoroughfare which affords principal means of access to property abutting thereon. A street includes the public right-of-way as distinct from the roadway, which includes only the traffic surface.

STREET LINE: The dividing line between the street and the abutting property.

STRUCTURE: Anything constructed or erected which requires location on the ground or attached to something having a location on the ground including, but not limited to, buildings, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

STRUCTURAL ALTERATIONS: Any alteration or addition to the supporting members of a building such as bearing walls, columns, beams or girders.

TITLE LOAN ESTABLISHMENT: The business of lending money with the pledge of personal property as collateral, evidenced by a certificate of title issued by the State of Missouri, and regulated under Sections 367.500 through 367.533 of the Revised Statutes of Missouri, as from time to time amended, commonly known as title lenders. "Title loan establishments" do not include banks, savings and loan associations or credit unions that are licensed by appropriate State and Federal agencies, or retail credit financing institutions that are licensed under Chapter 364 or 365, RSMo., or pawn shops governed by Chapter 367, RSMo., or retail merchants governed by Chapter 400.2, RSMo.
[Ord. No. 2370 §1, 10-26-2015]

TOURIST COURTS OR TRAILER COURTS: A tract or parcel of land upon which two (2) or more tourist cabins are located or where temporary accommodations are provided for two (2) or more automobile trailers, tents or house cars, open to the public either free or for a fee.

TRAVEL TRAILER: Vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and is drawn by a motorized vehicle.

VARIANCE: A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.

WAREHOUSING AND DISTRIBUTION: Establishments or places of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

YARD - FRONT: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
[Ord. No. 2506, 6-8-2020]

YARD - REAR: A yard between the rear lot line and the rear line of the main building and the side lot lines.

YARD - SIDE: A yard between the main building and the adjacent side line of the lot and extending entirely from the front yard to the rear yard thereof.

Section 400.050 Requirements Must Be Observed.

[Ord. No. 1084 §50, 3-10-1997]

Except as hereinafter provided:

No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is situated.

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

Section 400.060 District "A" (Agricultural District) — Use Regulations.

[Ord. No. 1084 §60, 3-10-1997; Ord. No. 2067, 2-22-2010]

In District "A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Agriculture, horticulture, nurseries, greenhouses, orchards and general farming, including raising and pasturing of livestock, goats, hogs, etc., but not dry-lot feeding and raising, fattening, killing or processing of chickens, turkeys and other poultry, providing there shall be no feeding or disposal of garbage, rubbish or offal unless a permit for such operation is issued by the Board of Aldermen under such restrictions as the Board of Aldermen may impose.

Riding stables, riding tracks or polo fields, provided the stables shall be located not less than one hundred (100) feet from any property line.

Dairies, dairy farming including enterprises which are incidental to the dairy operations.

Fur farming for the raising of fur-bearing animals, provided buildings and pens shall be located not less than one hundred (100) feet from any property line.

Kennels, provided the buildings and pens shall be located not less than two hundred (200) feet from any property line; fish hatcheries, apiaries and aviaries.

Accessory uses as permitted in Section 400.230, including repair shops, windmills, sheds, garages, barns, silos, bunk houses, incidental dwellings, buildings and structures commonly required for any of the above uses, roadside stands of not over two hundred (200) square feet in area offering for sale only products which are produced on the premises.

Any use permitted in District "R-1", "R-1A", "R-1B", "R-1C".

Height And Area Regulations. In District "A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet.

Side yards. There shall be a side yard on each side of a building not less than fifteen (15) feet.

Rear yards. There shall be a rear yard a minimum depth of which shall be at least thirty (30) feet.

Lot area per family. Every dwelling shall provide a lot area of not less than one (1) acre, provided that where a lot has less area than herein provided in separate ownership at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a single-family dwelling.

Lot width. The minimum lot width is one hundred fifty (150) feet.

Section 400.070 District "R-1" (Single-Family Residential District) — Use Regulations.

[Ord. No. 1084 §70, 3-10-1997; Ord. No. 1476, 3-11-2002; Ord. No. 2067, 2-22-2010]

An "R-1" District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly. Uses in this district include churches, schools, community centers and other structures and lands for appropriate public and semi-public community facilities and also utility substations and other essential public uses of land whose role in the residential neighborhood and community require their location within it. District "R-1" only applies to single-family parcels zoned prior to February 22, 2010.

In District "R-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Dwellings, one (1) per lot, one-family including modular and panelized units, but not including mobile or manufactured homes.

Churches, temples, synagogues and associated outreach services.

Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, Police stations and fire stations.

Public schools and private schools with curricular equivalent to that of a public school and institutions of higher learning, including stadiums and dormitories in conjunction if located on the campus.

Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.

Railroad rights-of-way, not including railroad yards.

The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped, and in keeping with the appearance of the neighborhood.

Accessory uses as set out in Section 400.230.

Height And Area Regulations. In District "R-1", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)

Side yards. On single-family dwellings, there shall be a side yard on each side of a building not less than eight (8) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Width of lot. The mean width of a lot shall be not less than sixty-five (65) feet and shall have a width of not less than sixty-five (65) feet at the building line, except that ten percent (10%) of the lots in each subdivision may be sixty (60) foot lot widths, provided that where a lot has less width than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation will not prohibit the erection of a one-family dwelling.

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than seven thousand (7,000) square feet, provided that where a lot has less area than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.

Floor area. Every dwelling unit shall have a floor area of one thousand one hundred (1,100) square feet, exclusive of basements, open or screened porches, garages and other like spaces.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

Floor area ratio (FAR). The ratio between the total square footage of a lot and the total number of square feet of the first (1st) floor within the exterior walls of a building placed on that lot shall be no greater than three-tenths (0.3).

10.

Lot depth. The minimum lot depth shall be at least one hundred (100) feet.

Section 400.071 District "R-1A" (Single-Family Residential District) — Use Regulations.

[Ord. No. 2067, 2-22-2010]

An "R-1A" District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly. Uses in this district include churches, schools, community centers and other structures and lands for appropriate public and semi-public community facilities and also utility substations and other essential public uses of land whose role in the residential neighborhood and community require their location within it.

In District "R-1A", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Dwellings, one (1) per lot, one-family including modular and panelized units, but not including mobile or manufactured homes.

Churches, temples, synagogues and associated outreach services.

Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, Police stations and fire stations.

Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.

Railroad rights-of-way, not including railroad yards.

The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped and in keeping with the appearance of the neighborhood.

Accessory uses as set out in Section 400.230.

Height And Area Regulations. In District "R-1A", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)

Side yards. On single-family dwellings, there shall be a side yard on each side of a building not less than eight (8) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Floor area. Every dwelling unit shall have a floor area of one thousand one hundred (1,100) square feet, exclusive of basements, open or screened porches, garages and other like spaces.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Lot depth. The minimum lot depth shall be at least one hundred (100) feet.

Section 400.072 District "R-1B" (Single-Family Residential District) — Use Regulations.

[Ord. No. 2067, 2-22-2010]

An "R-1B" District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly. Uses in this district include churches, schools, community centers and other structures and lands for appropriate public and semi-public community facilities and also utility substations and other essential public uses of land whose role in the residential neighborhood and community require their location within it.

In District "R-1B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Dwellings, one (1) per lot, one-family including modular and panelized units, but not including mobile or manufactured homes.

Churches, temples, synagogues and associated outreach services.

Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, Police stations and fire stations.

Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.

Railroad rights-of-way, not including railroad yards.

The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped and in keeping with the appearance of the neighborhood.

Accessory uses as set out in Section 400.230.

Height And Area Regulations. In District "R-1B", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least thirty-five (35) feet. (See Section 400.250, "Setback Regulations".)

Side yards. On single-family dwellings, there shall be a side yard on each side of a building not less than eight (8) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Width of lot. The mean width of a lot shall be not less than one hundred (100) feet and shall have a width of not less than one hundred (100) feet at the building line, except that ten percent (10%) of the lots in each subdivision may be ninety (90) foot lot widths, provided that where a lot has less width than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation will not prohibit the erection of a one-family dwelling.

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than fifteen thousand (15,000) square feet, provided that where a lot has less area than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.

Floor area. Every dwelling unit shall have a floor area of one thousand one hundred (1,100) square feet, exclusive of basements, open or screened porches, garages and other like spaces.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Lot depth. The minimum lot depth shall be at least one hundred (100) feet.

Section 400.073 District "R-1C" (Single-Family Residential District) — Use Regulations.

[Ord. No. 2067, 2-22-2010]

An "R-1C" District is composed of areas developed for single-family residences and areas of open land that might reasonably be developed similarly. Uses in this district include churches, schools, community centers and other structures and lands for appropriate public and semi-public community facilities and also utility substations and other essential public uses of land whose role in the residential neighborhood and community require their location within it.

In District "R-1C", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Dwellings, one (1) per lot, one-family including modular and panelized units, but not including mobile or manufactured homes.

Churches, temples, synagogues and associated outreach services.

Public parks and playgrounds, public recreation or community buildings, public museums, public administrative buildings, public libraries, Police stations and fire stations.

Golf courses, not including golf course clubhouses (miniature golf courses or driving ranges are not permitted). Golf course clubhouses are subject to the conditions of Section 400.240.

Railroad rights-of-way, not including railroad yards.

The use of buildings or premises for such public utility services as are authorized by the Public Service Commission or by permit of the Board of Aldermen and excluded from the jurisdiction of the Planning Commission under the Enabling Act, Laws of Missouri, provided the building or premises is enclosed, landscaped and in keeping with the appearance of the neighborhood.

Accessory uses as set out in Section 400.230.

Height And Area Regulations. In District "R-1C", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and the minimum lot area per family permitted in any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least forty-five (45) feet. (See Section 400.250, "Setback Regulations".)

Side yards. On single-family dwellings, there shall be a side yard on each side of a building not less than eight (8) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Width of lot. The mean width of a lot shall be not less than two hundred (200) feet and shall have a width of not less than one hundred fifty (150) feet at the building line, except that ten percent (10%) of the lots in each subdivision may be one hundred twenty (120) foot lot widths, provided that where a lot has less width than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation will not prohibit the erection of a one-family dwelling.

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than thirty thousand (30,000) square feet, provided that where a lot has less area than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.

Floor area. Every dwelling unit shall have a floor area of one thousand one hundred (1,100) square feet, exclusive of basements, open or screened porches, garages and other like spaces.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Lot depth. The minimum lot depth shall be at least one hundred (100) feet.

Section 400.080 District "R-2" (Duplex Residential District) — Use Regulations.

[Ord. No. 1084 §80, 3-10-1997; Ord. No. 1247 §1, 3-8-1999; Ord. No. 1475, 3-11-2002; Ord. No. 2067, 2-22-2010]

An "R-2" District is intended primarily to accommodate one- or two-family attached dwellings and related residential activities. This district is generally located in more central areas of the City near higher density multi-family apartments or business districts or in limited outlying areas of the City adjacent to apartment districts or business centers. Two-family attached units may be split in ownership at the party wall as long as the property complies with all other Codes for the City of Grain Valley. All duplexes shall have separate water and sewer service line to the main, in a manner approved by the Administrative Authority and in accordance with the approved plumbing code and policy of the Community Development Department. This type of lot split shall not constitute a violation of the lot and yard requirements of this Chapter.

In District "R-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Dwellings, single- and two-family.

Uses as permitted in Subsection (B)(2 — 8) in Section 400.070.

Accessory uses as provided in Section 400.230.

Height And Area Regulations. In District "R-2", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards and minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".) When the following regulations cannot be met, a planned unit development (PUD) is a development option.

Height. Buildings or structures shall not exceed thirty-five (35) feet and shall not exceed two and one-half (2½) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)

Side yards. There shall be a side yard on each side of a building not less than eight (8) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Width of lot. The mean width of a lot shall be not less than seventy-five (75) feet and shall have a width of not less than seventy-five (75) feet at the building line, except that ten percent (10%) of the lots in a subdivision may have sixty (60) foot lot widths, provided that where a lot has less width than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation will not prohibit the erection of a conforming structure.

Lot area. Every dwelling hereafter erected or altered shall provide a lot area of not less than ten thousand (10,000) square feet, provided that where a lot has less area than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation shall not prohibit the erection of a conforming structure.

Floor area. Every duplex dwelling unit shall have a floor area of nine hundred (900) square feet exclusive of basements, open or screened porches, garages and other like spaces.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Lot depth. The minimum lot depth shall be at least one hundred ten (110) feet.

Condominiums are permitted.

Section 400.090 District "R-3" (Multi-Family Residential District).

[Ord. No. 1084 §90, 3-10-1997; Ord. No. 2067, 2-22-2010]

An "R-3" District is intended primarily to accommodate multi-family residences and apartment buildings generally located adjacent to central areas of the City in proximity to principal areas of commercial development or in convenient relation to outlying major thoroughfares and outlying business centers. This district is sometimes used as a buffer between industrial and commercial districts and single-family districts.

In District "R-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For exceptions, see Section 400.240, "Conditional Uses"; Section 400.270, "Non-Conforming Uses"; and Section 400.370, "Powers and Duties of the Board".)

Apartment houses or multiple dwellings.

Two-family dwellings.

Nursing homes, boarding and lodging houses.

Uses as permitted in Subsection (B)(2 — 8) in Section 400.070.

Height And Area Regulations. In District "R-3", the height of buildings hereafter erected, constructed, reconstructed, moved or altered, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot shall be as follows: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.

Front yards. There shall be a front yard the minimum depth of which shall be at least thirty (30) feet. (See Section 400.250, "Setback Regulations".)

Side yards. There shall be a side yard on each side of a building not less than ten (10) feet.

Rear yards. There shall be a rear yard the minimum depth of which shall be at least thirty (30) feet.

Width of lot. The mean width of a lot shall be not less than seventy-five (75) feet and shall have a width of not less than seventy-five (75) feet at the building line, provided that where a lot has less width than herein required in separate ownership and conforms with previous zoning ordinances of Grain Valley at the time of the passage of this Chapter, this regulation will not prohibit the erection of a conforming structure.

Lot area. Twelve thousand (12,000) square feet minimum, plus one thousand five hundred (1,500) square feet for each unit exceeding four (4).

Floor area. Every dwelling unit shall have a minimum floor area, exclusive of basements, open or screened porches and garages, of not less than the following:

Single-family residences — Eleven hundred (1,100) square feet.

Duplexes — Nine hundred (900) square feet per unit.

Buildings exceeding two (2) units — Five hundred (500) square feet per unit.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Requirements".)

Play or open space. Suitable play or open space shall be provided which is easily accessible from the living units without encountering traffic hazards and which is so located that it will not impair the views from the fronts of the apartments. Such space shall contain not less than the following area:

One thousand (1,000) square feet for the first (1st) four (4) family units;

Plus sixty (60) square feet per unit for the next eight (8) units;

Plus thirty (30) square feet per unit for all units over twelve (12).

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

11.

12.

Lot depth. The minimum lot depth shall be at least one hundred ten (110) feet.

Section 400.100 District "R-4" (Manufactured Home Residential District).

[Ord. No. 1084 §100, 3-10-1997; Ord. No. 2067, 2-22-2010]

Manufactured Homes — In General.

In District "R-4", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses:

Single and multi-sectional manufactured homes.

Parks, playgrounds, community centers and non-commercial recreational facilities.

Additional uses.

(1)

Structures and uses required for the operation of a public utility, the performance of a governmental function, or the operation or maintenance of the manufactured home park.

(2)

In manufactured home parks, recreational vehicles shall not be occupied as living quarters and manufactured home sales lots shall not be permitted, but manufactured homes may be sold on lots they occupy in residential use.

(3)

Once manufactured home parks contain at least one hundred (100) manufactured home lots ready for occupancy, commercial and service establishments intended to serve only persons within the manufactured home park and occupying in total, including related parking area, not more than five percent (5%) of the area of the manufactured home park may be constructed.

Manufactured homes which do not bear a seal dated on or after June 15, 1976, shall not be permitted within the corporate limits of the City of Grain Valley.

Manufactured homes shall be permitted only in manufactured home parks.

Prior to the placement of a manufactured home for residential purposes within the corporate limits of Grain Valley, a permit for the manufactured home shall be issued by the City, subject to compliance with all provisions of the Zoning Ordinance and fees established for building permits.

A manufactured home shall not be temporarily or permanently parked, stored or occupied on any public street or alley, nor on any lot or parcel within the City of Grain Valley, except when in complete conformity to zoning and other applicable ordinances.

District "R-4" Manufactured Home Park — Approval.

The owner or developer of a manufactured home park shall, prior to development, submit a site development plan for the proposed development to the Planning and Zoning Commission for review and recommendation to the Board of Aldermen and approval by said Board of Aldermen. The site development plan shall contain the following elements:

Legal description of the proposed development.

Names, addresses and phone numbers of the owner, developer and the engineer or surveyor who prepared the plan.

Location drawing showing the existing development within a one-half (½) mile radius of the proposed location and ownerships of adjacent tracts within one hundred eighty-five (185) feet.

Scale of plan; one (1) inch represents one hundred (100) feet or one (1) inch represents fifty (50) feet.

Date and north arrow.

Existing conditions:

(1)

Location, width and name of each existing or platted street or other public way, railroad and utility right-of-way within or adjacent to the proposed subdivision.

(2)

All existing sewers, water mains, gas mains, culverts or other underground installations within the proposed subdivision or immediately adjacent thereto with pipe size, grades and locations shown.

(3)

Topography (unless specifically waived) with contour intervals of not more than two (2) feet, referred to U.S.G.S. or City datum; also the location of watercourses, ravines, bridges, lakes, wooded areas, approximate acreage, and such existing other features as may be pertinent to subdivision.

Proposed development plan showing:

(1)

General layout of development with number of manufactured home lots and their approximate dimensions.

(2)

Location of parking areas, size and capacity.

(3)

Location and size of park and playground area.

(4)

Location and type of accessory convenience building.

(5)

Proposed street system for both public and private streets with setback lines indicated.

(6)

General landscaping and screening plan.

(7)

Typical layout of manufactured home lot showing size of lot, landscaping, stand location and type, outdoor living area, location of refuse receptacle, walkways, parking area, curb and gutter location, and any other improvements included within the development.

(8)

Gross and net density of proposed project and parking ratio.

The site development plan, as approved, shall be entered into the records of the Planning and Zoning Commission, Board of Aldermen and conformance to the plan shall be mandatory, except as herein provided; unless a change in such site development plan is reviewed by the Planning and Zoning Commission because of change in conditions and recommendation made to the Board of Aldermen and such change is approved by the Board of Aldermen. The Planning Officer may allow the developer to make the following changes in the approved site development plan as a result of unforeseen engineering problems:

Move private streets and driveways by not more than ten (10) feet.

Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.

Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any public street or private drive.

Change the configuration of any parking area so long as the number of spaces is not reduced.

Change the location of sidewalks and pathways provided that all points remain connected.

Change the building size by a total of not more than one hundred (100) square feet for a residential structure and by a total of not more than five percent (5%) for a commercial structure, so long as no setback regulations are violated.

All manufactured home parks must be platted in accordance with the subdivision regulations.

Manufactured Home Parks — Minimum Standards Generally.

Minimum park size. No manufactured home park shall have a site smaller than twenty (20) acres. Minimum width of tract for portions used for general vehicular entrances and exits only shall be sixty (60) feet; for portions containing lots for dwellings and buildings, minimum width of tract shall be two hundred (200) feet. The tract shall be and remain in one (1) ownership and shall be designed for the purpose of renting and/or providing spaces for placement of manufactured homes.

Density. The maximum number of manufactured home units allowed within the manufactured home park shall be five (5) units per acre.

Minimum units. No manufactured home park shall contain less than one hundred (100) units and at least twenty-eight (28) lots must be finished and ready for use with required storm shelter facilities provided prior to occupancy.

Maximum lot coverage. A manufactured home and its accessory building(s) shall occupy not more than thirty-five percent (35%) of the lot area, except as follows:

When a roofed area, such as a carport or outdoor recreation shelter, is open for forty percent (40%) or more of its perimeter, its lot coverage shall be computed as one-half (½) the area covered by the roof.

When the manufactured home lot is adjacent to and has direct access to approved common open space not less than ten (10) feet in minimum width, an additional five percent (5%) of the lot area may be occupied.

Required outdoor living area on lot. An outdoor living area, commonly known as a patio, shall be provided on each lot equal to at least ten percent (10%) of its area, provided that in no case shall such area be less than three hundred (300) square feet nor need be more than five hundred (500) square feet. The minimum horizontal distance of such area shall be not less than fifteen (15) feet.

Such outdoor living area shall be properly drained and located for convenience and optimum use.

Within such area, a section not less than one hundred (100) square feet in area or ten (10) feet in minimum horizontal dimension and surfaced with concrete, asphalt or other approved hard surface shall be provided for garden furniture. The parking area may not be considered to meet the requirements of outdoor living area.

Interior manufactured home space requirements.

All manufactured homes, including structural additions thereto, shall be located at least twenty (20) feet from any other manufactured home, permanent building, interior roadways or common parking lot for more than two (2) vehicles.

When parking is provided on each individual manufactured home lot, the minimum distance from roadway or street curb to manufactured home shall not be less than twenty-five (25) feet.

As an option — dwelling unit exposures and outlook. For purposes of relating requirements to function, yards and other open spaces around dwellings and the distance between dwellings and other buildings shall be determined by exposures and outlooks from the portions of the dwellings involved. Such exposures are defined and classified as follows:

(1)

Class "A" — Portions of walls containing principal living room exposure to outdoor living area through major windows and/or glassed doors. Prime consideration here is direct view of and convenient access to outdoor livability space. In cases where two (2) walls provide this type of exposure from a living room, either may be selected as the "Class A" exposure and the other shall be considered "Class C".

(2)

Class "B" — Portions of walls containing the only windows for bedrooms or principal windows and/or glassed doors for bedrooms where privacy, moderate outlook and light and air are principal considerations.

(3)

Class "C" — Portions of walls containing secondary windows for bedrooms, windows for kitchens, bathrooms, utility rooms and the like, secondary windows for living rooms or exterior doors other than entries with Class "A" orientation, where such windows do not involve privacy or are so located, shielded or are of such a nature that necessary privacy is assured and where light, air and fire protection are principal considerations.

(4)

Class "D" — Portions of walls containing no windows, doors or other openings, but not so constructed or safeguarded as to be suitable for attachment to other dwelling units or principal buildings. Principal concern in such cases is with fire protection.

(5)

Class "E" — Portions of walls containing no windows, doors or other openings and so constructed or safeguarded as to provide at least one (1) hour fire protection when attached to other dwelling units or other principal buildings and to meet the acoustic controls and living unit to living unit sound transmission limitations of Minimum Property Standards for Multi-Family Housing, U.S. Department of Housing and Urban Development.

Yard defined — requirements by dwelling unit's exposure. Yard is the minimum open space distance on the lot (except as otherwise provided) perpendicular to the wall of the dwelling at any point or to any addition of the dwelling which is enclosed for more than sixty percent (60%) of its perimeter. Except as provided in Section 400.090, yard depth and character shall be as follows:

(1)

Distance to common areas. Distance from any Class "B" through Class "E" exposure of a dwelling to a street pavement or to the edge of a common driveway, a parking area, a walk or other common area shall be at least eight (8) feet. In the case of Class "A" exposures, this distance shall be fifteen (15) feet. Carports open in a manner that assures visibility may extend to within four (4) feet of a sidewalk adjacent to a street or to a parking area or to within four (4) feet of the street pavement or parking area if no such sidewalk is involved.

(2)

Other minimum open space depth requirements. Other open space depth requirements shall be by exposure: Class "A" fifteen (15) feet; Class "B" ten (10) feet; Class "C" eight (8) feet; Class "D" five (5) feet; Class "E" none. Dwellings on lots adjoining non-residential buildings shall be separated from such buildings by at least ten (10) feet more than the above requirements.

Parking regulations. A minimum of two (2) parking spaces shall be provided for each manufactured home lot. These spaces may be located on the lot or in parking areas located not more than sixty (60) feet from the manufactured home. Parking spaces shall be located off the public street or private drive; and in no case shall parking spaces or areas cross manufactured home lot lines. Parking spaces and areas shall be built and surfaced according to Section 400.290, "Off-Street Parking and Loading Regulations".

Common open space.

No less than ten percent (10%) of the gross area of any manufactured home park shall be devoted to common recreational areas and facilities. Such open space shall be separate and aside from the open space provided on each manufactured home space. Said open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.

At least one (1) principal recreation and community area shall be provided which contains not less than one-half (½) of the total required open space, except that no principal recreation and community area need be larger than two and one-half (2½) acres.

To be countable as common recreational area, interior-block ways for pedestrians or cyclists shall be at least ten (10) feet in width and form parts of a system leading to a principal designation. Such ways may also be used for installation of utilities.

To be countable as common recreational area, interior-block play areas for small children or other interior-block areas shall be at least twenty (20) feet in least dimension and shall contain not less than one thousand (1,000) square feet.

Common recreational areas shall not include streets or parking areas, shall be closed to automobile traffic except for maintenance and service vehicles, and shall be improved and maintained for the uses intended.

Stands and skirts. Each manufactured home space shall contain a Portland cement or asphaltic concrete stand upon which the manufactured home will be situated. Each home shall be equipped with skirts on all sides, such skirting shall be of a finished nature and installed within thirty (30) days of home placement.

10.

Anchoring. Each manufactured home shall be secured to the ground by use of anchors and tie-downs so as to resist wind overturning and sliding. Anchors and tie-downs shall be installed according to the rules and regulations of the State of Missouri and the Missouri Public Service Commission.

Manufactured Homes — General Site Planning.

Location. The development shall front on a primary thoroughfare or have frontage on a collector street and/or frontage road which has direct access to a primary thoroughfare as defined in the subdivision regulations.

Access points. Minor streets shall not be connected with streets outside the district such that said minor streets will be used by through traffic. No lot within the manufactured home park shall have direct vehicular access to a street bordering the development.

Exterior yards for manufactured home parks.

(1)

Where manufactured home parks adjoin public streets along exterior boundaries, a yard of not less than twenty-five (5) feet in minimum dimension shall be provided. Such yard may be used to satisfy open space depth requirements for individual lots but shall not contain carports, recreational shelters, storage structures or any other structures generally prohibited in yards adjacent to streets in residential districts.

(2)

No direct vehicular access to individual lots shall be permitted through such yards, and no group parking facilities or active recreation areas shall be allowed thereon.

Where manufactured home parks abut neighboring districts without an intervening street, alley or other permanent open space at least twenty (20) feet in width, an exterior yard at least twenty (20) feet in minimum dimensions shall be provided.

(1)

Where the adjoining district is "A", "R-1", "R-1A", "R-1B", "R-1C" or "R-2", limitations on occupancy and use of yards shall follow Subsection (D)(3)(a).

(2)

Where the adjoining district is "R-3" through "M-2", such yards may be used for group or individual parking, active recreational facilities; or carports, recreational shelters or storage structures.

Vehicular access to streets. Vehicular access to streets from off-street parking areas may be direct from dwellings if the street or portion of street serves fifty (50) units or less based on normal, anticipated traffic routes. Along streets or portions of streets serving more than fifty (50) dwelling units or constituting major routes to or around central facilities, access from parking and service areas shall be combined to channel traffic conveniently and safely; direct vehicular access from individual dwellings shall be prohibited.

Landscaping. Along the property lines of the manufactured home park, fences or vegetative screening or a combination of fences and vegetative screening shall be provided. Off-street parking areas, service areas and trash enclosures shall be screened as per Section 400.280.

Storm shelters. The development shall provide a storm shelter or shelters. Such shelter facilities shall provide fifteen (15) square feet of unobstructed floor space per manufactured home space in structures either below ground or above ground with walls and roof designed to withstand a wind load of two hundred (200) miles per hour. The maximum distance to the entrance of the shelter from any manufactured home stand shall be one thousand (1,000) feet. Provisions shall be made for adequate emergency lighting and ventilating. The developer shall submit with his application for a building permit, a drawing and details of the storm shelter facilities together with a certification by an architect or engineer licensed in the State of Missouri that such proposed facilities meet the design standards of this Section.

Streets, sidewalks and utilities shall meet the requirements of the subdivision regulations.

Section 400.110 District "R-0" (Non-Retail Business District) — Use Regulations.

[Ord. No. 1084 §130, 3-10-1997; Ord. No. 2067, 2-22-2010]

District "R-0" is intended to provide areas for public, semi-public, institutional, professional and office types of use. It is generally considered an acceptable zoning district to buffer residential property from more intense commercial and industrial property.

In District "R-0", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Administrative and business offices.

Professional offices.

Day care services (limited).

Site Development Regulations. Each site in the "R-0" District shall be subject to the following site development regulations. If the original structure is retained and no additional floor area is added, the site is subject only to parking and landscaping requirements. Buildings are required to conform to exterior architectural standards generally compatible with residential development.

Height. Maximum height, two (2) stories when abutting a residential district, three (3) stories elsewhere.

Front yard. Minimum required setback, thirty (30) feet.

Side yard. Minimum required setback, ten (10) feet. (See Section 400.250, "Setback Regulations".)

Rear yard. Minimum required setback, thirty (30) feet.

Floor area ratio. Maximum floor area ratio, .25 to 1.

Impervious coverage. Maximum coverage, sixty percent (60%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.120 District "C-B" (Controlled Business District) — Use Regulations.

[Ord. No. 1084 §140, 3-10-1997; Ord. No. 2067, 2-22-2010]

District "C-B" is intended for neighborhood shopping facilities which provide limited business services and office facilities predominately for the convenience of residents or a neighborhood. Business which would generate traffic in volumes beyond local traffic requirements are not permitted. No outside display or storage is allowed.

In District "C-B", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Administrative and business offices.

Arts and crafts studio (limited).

Consumer convenience services.

Consumer repair services.

Day care services (limited).

Day care services (commercial).

Financial services.

Food sales (convenience).

Medical offices.

10.

Personal services.

11.

Professional offices.

12.

Restaurant (limited).

13.

Retail sales or rental (convenience).

14.

Small animal services.

Site Development Regulations. Each site in the "C-B" District shall be subject to the following site development regulations:

Lot size. Minimum lot area, twenty thousand (20,000) square feet.

Lot width. Minimum lot width, one hundred (100) feet.

Height. Maximum height, two (2) stories or thirty-five (35) feet, whichever is less.

Front yard. Minimum required setback, twenty-five (25) feet. (See Section 400.250, "Setback Regulations".)

Side yard. Minimum required setback, ten (10) feet.

Rear yard. Minimum required setback, twenty (20) feet.

Floor area ratio. Maximum floor area ratio, .40 to 1.

Impervious coverage. Maximum coverage, sixty percent (60%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.130 District "C-1" (Central Business District) — Use Regulations.

[Ord. No. 1084 §150, 3-10-1997; Ord. No. 2067, 2-22-2010]

District "C-1" is intended primarily for office and commercial uses typically requiring locations available in the downtown portion of the City. This district should be utilized by those businesses which will generate traffic in volumes no greater than local traffic requirements.

In District "C-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Administrative and business offices.

Arts and crafts studio (limited).

Business support services.

Business or trade school.

Cocktail lounge, provided the property is not less than three hundred (300) feet from any existing school or church property and not less than three hundred (300) feet from a residential district, measured in the shortest distance from property line to property line (as the crow flies).

Commercial off-street parking.

Communications services.

Consumer convenience services.

Consumer repair services.

10.

Day care services (limited).

11.

Day care services (commercial).

12.

Financial services.

13.

Food sales (convenience).

14.

Food sales (general).

15.

Funeral services.

16.

Hotel — motel.

17.

Indoor entertainment, provided the property is not less than three hundred (300) feet from any existing school or church property and not less than three hundred (300) feet from a residential district, measured in the shortest distance from property line to property line (as the crow flies).

18.

Indoor sports and recreation.

Liquor sales.

Medical offices.

Pawn shop services.

Personal improvement services.

23.

Personal services.

24.

Professional offices.

25.

Restaurant (convenience).

26.

Restaurant (limited).

27.

Restaurant (general).

28.

Retail sales or rental (convenience).

29.

Retail sales or rental (general).

30.

Small animal services.

Site Development Regulations. Each site in the "C-1" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, ten thousand (10,000) square feet.

Lot width. Minimum lot width, fifty (50) feet.

Height. Maximum height four (4) stories; requests for additional stories to be heard by Board of Aldermen.

Front yard. Minimum required setback, none.

Side yard. None.

Rear yard. None.

Floor area ratio. Maximum floor area ratio, .8 to 1.

Impervious coverage. Maximum coverage, eighty percent (80%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.140 District "C-2" (General Business District) — Use Regulations.

[Ord. No. 1084 §160, 3-10-1997]

District "C-2" is intended for application to the general commercial area of the City permitting a wide variety of office, commercial and civic activities.

In District "C-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Same as "C-1".

Automotive rentals.

Automotive repair shops.

Automotive washing.

Gasoline stations.

Site Development Regulations. Each site in the "C-2" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, fifteen thousand (15,000) square feet.

Lot width. Minimum lot width, one hundred (100) feet.

Height. No maximum height established.

Front yard. Minimum required setback, twenty (20) feet. (See Section 400.250, "Setback Regulations".)

Side yard. No minimum side yard required except when abutting a residential district, where a ten (10) foot setback is required.

Rear yard. Twenty (20) feet

Floor area ratio. Maximum floor area ratio, .8 to 1.

Impervious coverage. Maximum coverage, eighty percent (80%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.150 District "C-3" (Highway Commercial District) — Use Regulations.

[Ord. No. 1084 §210, 3-10-1997]

This district is intended predominately for commercial activities of a service nature which typically have operating characteristics generally incompatible with retail and residential environments.

In District "C-3", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Agricultural sales and services.

Arts and crafts studio (industrial).

Animal services.

Automotive rentals.

Automotive repair services.

Automotive washing.

Building and grounds maintenance services.

Commercial embalming services.

Commercial off-street parking.

10.

Construction sales and services (general) or (limited).

11.

Custom manufacturing.

12.

Exterminating services.

Gasoline stations.

Hotel — motel.

Laundry services.

Research services.

Site Development Regulations. Each site in the "C-3" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, twenty thousand (20,000) square feet.

Lot width. Minimum lot width, one hundred fifteen (115) feet.

Height. No maximum height established.

Front yard. Minimum required setback, twenty (20) feet. (See Section 400.250, "Setback Regulations".)

Side yard. Minimum required setback, ten (10) feet.

Rear yard. Minimum required setback, twenty (20) feet.

Floor area ratio. Maximum floor area ratio, .65 to 1.

Impervious coverage. Maximum coverage, eighty percent (80%). Fifty percent (50%) of the required open space shall be in the front one-third (1/3) of the lot or in front of the principal structure.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.160 District "R-P" (Research Park District) — Use Regulation.

[Ord. No. 1084 §215, 3-10-1997]

Purpose.

The "R-P" District is intended to provide a special district for research services. An industrial designation would be inappropriate because the principal focus of research and development activity should not include fabrication, processing, manufacturing, refining or resource extraction. Site development regulations require approval of a site plan which demonstrates a campus-like environment. Conditions, covenants and restrictions are required.

Research services, research testing services, research warehousing services, research assembly services, some offices and limited retail activities are permitted. A limit is placed on the percentage of office and retail uses thirty-five percent (35%).

To insure internal compatibility, efficient service and compatibility with surrounding land uses, master plans must be approved by the City and covenants, conditions and restrictions (C, C and Rs) must be recorded and a copy thereof provided to the City.

In District "R-P", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls" and Section 400.240, "Conditional Uses".)

Administration and business offices, financial services, personal services, restaurant (limited) and retail sales (convenience), provided such uses are included in an integrated complex of at least fifteen thousand (15,000) square feet of developed gross floor area.

Business support services.

Business or trade school.

Day care services (commercial).

Hotel — motel, provided the following conditions are met:

Hotels and motels developed within an "R-P" zone shall have a business orientation designed to compliment the businesses in the park and shall provide conference facilities at a minimum ratio of fifteen (15) square feet of floor area for each room.

Access to all rooms shall be provided by interior corridors.

Research services.

Research testing services.

Research warehousing services.

Research assembly services.

Site Development Regulations. Each site in the "R-P" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, five (5) acres. The total research park shall contain at least twenty (20) acres.

Height. No maximum height established.

Front yard. Minimum required setback, fifty (50) feet.

Side yard. Minimum required setback, fifty (50) feet on any site adjacent to a zoning district other than "M-1" or "M-2". Reduced to twenty-five (25) feet within the research park or if the site is adjacent to "M-1" or "M-2".

Rear yard. Minimum required setback fifty (50) feet on any site adjacent to a zoning district other than "M-1" or "M-2". Reduced to twenty-five (25) feet within the research park or if the site is adjacent to "M-1" or "M-2".

Floor area ratio. Maximum floor area ratio, .55 to 1.

Impervious coverage. Maximum coverage, seventy percent (70%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Requirements".)

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

10.

A research park shall contain not less than twenty (20) acres and shall be developed by a single entity. Lots may be sold to separate users but the sale of lots must be accompanied by protective covenants assuring a high level of architecture, site improvements and their continued maintenance. Covenants shall include, at a minimum, a property owners' association, provisions for maintenance of individual sites and common areas, standards for finishing of buildings, and design standards for signs. Such covenants shall be submitted with the application for a research park zoning classification.

11.

Site development shall meet the requirements of Section 400.200(D).

12.

The gross floor area for uses other than research uses shall not exceed more then thirty-five percent (35%) of the total gross floor area within the research park.

Performance Standards.

Same as District "M-2" with the following addition:

Fire and explosive hazards. Activities involving the storage and utilization of materials or products which decompose by detonation are permitted only after issuance of a conditional use permit by the Board of Aldermen (see Section 400.240) and approval by the Fire Department. Such materials shall include but are not limited to all primary explosives such as lead oxide, lead styphnate, fulminates and tetracent; all high explosives such as TNT, HMX, PETN and picrid acid; propellants and boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than thirty-five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

Explosives shall be stored, utilized and manufactured in accordance with applicable local, State and Federal Codes.

Section 400.170 District "M-1" (Light Industrial District) — Use Regulations. [1]

[Ord. No. 1084 §220, 3-10-1997]

The "M-1" Light Industrial District is intended as an area primarily for limited manufacturing uses generally on moderately sized sites.

In District "M-1", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Commercial uses.

Animal services.

Arts and crafts studio (industrial).

Automotive repair services.

Building and grounds maintenance services.

Commercial embalming services.

Construction sales and services (general) or (limited).

Equipment repair services.

Equipment sales.

Exterminating services.

Kennels.

Laundry services.

Research services.

Recycling collection facility.

Industrial uses.

Custom manufacturing.

Light manufacturing.

Limited warehousing and distribution.

General warehousing and distribution.

Accessory uses customarily associated with any of the above uses, provided retail uses shall not constitute more than thirty-five percent (35%) of the gross floor area.

Site Development Regulations. Each site in the "M-1" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, twenty thousand (20,000) square feet.

Lot width. Minimum lot width, one hundred (100) feet.

Height. No maximum height established.

Front yard. Minimum required setback, thirty (30) feet. (See Section 400.250, "Setback Regulations".)

Side yard. Minimum required setback, ten (10) feet.

Rear yard. Minimum required setback, twenty (20) feet.

Floor area ratio. Maximum floor area ratio, .8 to 1.

Impervious coverage. Maximum coverage, eighty percent (80%). Fifty percent (50%) of the required open space shall be in the front one-third (1/3) of the lot or in front of the principal structure.

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Performance Standards. To be a permitted industrial use in Light Industrial District ("M-1"), whether as a permitted use or as a special use, such use must meet the following performance standards:

Physical appearance. All operations shall be carried on within an enclosed building except that new material or equipment in operable condition may be stored in the open. Normal daily wastes of an inorganic nature may be stored in containers not in a building when such containers are not readily visible from the street. Junk, salvage, auto wrecking and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of sturdy, sight-obscuring eight (8) foot high fence in good repair and two (2) rows of alternate planted evergreen trees.

Fire hazard. Operations involving the use of flammable gases, acid, liquids, grinding process or other inherent fire hazards shall obtain any necessary permits from the Fire Department.

Noise. No operation shall be carried on which involves noise in excess of the normal traffic noise of the adjacent street at the time of the daily peak hour of traffic volume. Noise shall be measured at the property line and when the level of such noise cannot be determined by observation with the natural senses, a suitable instrument may be used and measurement may include breakdowns into a reasonable number of frequency ranges. All noise shall be muffled so as not to be objectionable due to intermittence, heat frequency or shrillness.

Sewage and liquid wastes. No operation shall be carried on which involves the discharge into a sewer, watercourse or the ground of liquid wastes of any radioactive nature or liquid wastes of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

Air contaminants.

Air contaminants and smoke shall be less dark than designated Number One (1) on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number One (1) shall be permitted for one (1) four (4) minute period in each one-half (½) hour. Light colored contaminants of such an opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter of dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths (0.2) grains per cubic foot as corrected to a temperature of five hundred degrees Fahrenheit (500°F), except for a period of four (4) minutes in any one-half (½) hour, at which time it may equal but not exceed six tenths (0.6) grains per cubic foot as corrected to a temperature of five hundred degrees Fahrenheit (500°F).

Due to the fact that the possibilities of air contamination cannot reasonably be comprehensively covered in this Section, there shall be applied the general rule that there shall not be discharged from any sources whatsoever such quantities of air contaminants or other materials in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or to the public in general or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

Odor. The emissions of odors that are generally agreed to be obnoxious to any considerable number of persons shall be prohibited. Observations of odor shall be made at the property line of the establishment causing the odor. As a guide to classification of odor, it shall be deemed that strong odors of putrefaction and fermentation tend to be obnoxious and that such odors as associated with baking or the roasting of nuts and coffee shall not normally be considered obnoxious within the meaning of this Chapter.

Gases. The gases sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts per million. All nitrous fumes shall not exceed one (1) part per million. Measurements shall be taken at the property line of the particular establishment involved.

Vibration. All machines including punch presses and stamping machines shall be so mounted as to minimize vibration and in no case shall such vibration exceed a displacement of three- thousandths (0.003) of an inch measured at the property line. The use of steam or broad hammers shall not be permitted in this district.

Glare and heat. All glare, such as welding arcs and open furnaces, shall be shielded so that they shall not be visible from the property line. No heat from furnaces or processing equipment shall be sensed at the property line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit (5°F).

10.

Hazardous materials. Operations involving the storage and/or use of hazardous materials in reportable quantities, as classified by the Environmental Protection Agency (EPA), shall obtain any necessary permits from the Fire Department and make improvements to the building and grounds required by the International Fire Code.

[1]

Editor's Note — At the direction of the City, the word "uniform" was changed to "international" before fire code in this section.

Section 400.180 District "M-2" (Heavy Industrial District) — Use Regulations. [1]

[Ord. No. 1084 §225, 3-10-1997]

The "M-2" Heavy Industrial District is intended as an area for development, industrial and manufacturing uses that are typically located on large sites planned for heavy industrial development.

In District "M-2", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls"; Section 400.240, "Conditional Uses"; and Section 400.270, "Non-Conforming Uses".)

Uses as permitted in District "M-1".

Manufacturing.

Refining, smelting and foundries.

Quarries.

Site Development Regulations. Same as District "M-1".

Performance standards. To be permitted industrial uses in Heavy Industrial ("M-2"), whether as a permitted use or as a conditional use, such uses must meet the following performance standards:

Appearance. Junk, salvage, auto wrecking and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring eight (8) foot high fence in good repair and two (2) rows of alternate planted evergreen trees.

Fire hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the latest edition of the Fire Prevention Code published by the American Insurance Association and other City ordinances.

Noise. All noises and noise-causing activities shall be muffled so that they will not create a disturbance greater than normal peak hour traffic noise on a major street when observed from any area residential district. Major street noise for comparison purposes shall be measured at the property line.

Sewage and other liquid waste. No operation shall be carried on which involves the discharge into a sewer, watercourse or the ground of a liquid waste of any radioactive nature or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations.

Air contaminants.

Air contaminants and smoke shall be less dark than designated Number Two (2) on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as Number Two (2) shall be permitted for one (1) four (4) minute period in each one-half (½) hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted.

Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be emitted in excess of two-tenths (0.2) grains per cubic foot as corrected to a temperature of five hundred degrees Fahrenheit (500°F).

Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this Section, there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property.

Odor. Odor-causing operations shall be controlled so as to reduce escape of odors to the minimum practical within the limits of technology and economics.

Gases. All noxious gases shall be controlled to the extent that they will not be injurious of life and property. The gases sulphur dioxide and hydrogen sulphide shall not exceed five (5) parts per million, carbon monoxide shall not exceed twenty-five (25) parts per million, and nitrous fumes shall not exceed five (5) parts per million. All measurements shall be made at the property line.

Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby lots.

[1]

Editor's Note — At the direction of the City, the word "uniform" was changed to "international" before fire code in this section.

Section 400.190 District "I-P" (Industrial Park District) — Use Regulations.

[Ord. No. 1084 §230, 3-10-1997]

Purpose.

An industrial park is designed as a coordinated environment for a variety of industrial and related activities. The project is developed or controlled by one (1) proprietary interest. The development may be on one (1) parcel, may be subdivided, may have condominium ownerships or a combination of these types. Uses may include manufacturers, warehouses, distribution firms, some offices and limited retail activities. Support uses are generally oriented towards uses in or near the industrial park. A limit is placed on the percentage of office and retail uses thirty-five percent (35%).

To insure internal compatibility, efficient service and compatibility with surrounding land uses, master plans must be approved by the City. Covenants, conditions and restrictions (C, C and Rs) must be recorded and a copy thereof provided to the City.

In District "I-P", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one (1) or more of the following uses: (For special provisions, see Section 400.220, "Additional Controls" and Section 400.240, "Conditional Uses".)

Commercial uses. Same as "M-1", except for animal services and kennels are not permitted.

Industrial uses.

Custom manufacturing.

Light manufacturing.

Limited warehousing and distribution.

General warehousing and distribution.

Other uses.

Administrative and business offices, provided the offices are included in a structure or integrated complex of at least fifteen thousand (15,000) square feet of developed gross floor area.

Business support services.

Business or trade school.

Day care services (commercial).

Financial services.

Hotel — motel, provided the following conditions are met:

(1)

Hotels and motels developed within an "I-P" zone shall have a business orientation designed to compliment the businesses in the park and shall provide conference facilities at a minimum ratio of fifteen (15) square feet of floor area for each room.

(2)

Access to all rooms shall be provided by interior corridors.

Personal services, restaurant (limited) and retail sales or rental (convenience), provided such uses are included in a structure or integrated complex of at least fifteen thousand (15,000) square feet of developed gross floor area and provided the personal services, restaurant (limited) and retail sales or rental (convenience) occupy no more than thirty-five percent (35%) of the complex.

Site Development Regulations. Each site in the "I-P" District shall be subject to the following site development regulations: (For exceptions, see Section 400.250, "Setback Regulations" and Section 400.260, "Height and Area Exceptions".)

Lot size. Minimum lot area, one (1) acre. The total industrial park shall contain at least twenty (20) acres.

Height. No maximum height established.

Front yard. The minimum front yard shall be twenty (20) feet, except that at all boundaries of the park adjacent to a public street, a forty (40) foot setback shall be required as landscaped open space. (See Section 400.250, "Setback Regulations".)

Side yard. The minimum side yard setback shall be fifteen (15) feet, except that at all boundaries of the park adjacent to a public street, a forty (40) foot setback shall be required as landscaped open space.

Rear yard. Minimum required setback, twenty (20) feet, except that at all boundaries of the park adjacent to a public street, a forty (40) foot setback shall be required as landscaped open space.

Floor area ratio. Maximum floor area ratio, .65 to 1.

Impervious coverage. Maximum coverage, eighty percent (80%).

Parking regulations. (See Section 400.290, "Off-Street Parking and Loading Requirements".)

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

10.

An industrial park shall contain not less than twenty (20) acres and shall be developed by a single entity. Lots may be sold to separate users but the sale of lots must be accompanied by protective covenants assuring a high level of architecture, site improvements and their continued maintenance. Covenants shall include, at a minimum, a property owners' association, provisions for maintenance of individual sites and common areas, standards for finishing of buildings, and design standards for signs. Such covenants shall be submitted with the application for an industrial park zoning classification.

11.

At all park boundaries abutting a public street, a forty (40) foot setback shall be maintained as landscaped open space. This setback may be averaged over a single frontage provided a minimum setback of twenty-five (25) feet is provided. Any loading area adjacent to an exterior park boundary street or a residential area abutting the park boundary shall be buffered with landscape materials in conjunction with earthen berms.

12.

All products that are stored or sold and materials used in production shall not be visible from exterior park boundary streets or from residential uses abutting the park boundary. All services shall be rendered inside a building with the exception of outdoor play areas for licensed day care facilities.

13.

All company service vehicles, fleet trucks, etc., used in conjunction with a permitted use shall be stored overnight such that they are screened with a landscape buffer or not visible from exterior park boundary streets or from residential properties abutting the park boundary.

14.

The gross floor area for uses other than industrial uses shall not exceed more than thirty-five percent (35%) of the total gross floor area within the industrial park.

Performance Standards. Same as District "M-1".

Section 400.200 District "P" (Planned Overlay District) — Use Regulations.

[Ord. No. 1084 §240, 3-10-1997; Ord. No. 1128 §1, 9-8-1997; Ord. No. 2067, 2-22-2010]

Purpose.

A Planned Overlay District shall be for the purpose of permitting and regulating the zoning districts previously cited in this Chapter and shall provide latitude and flexibility in location of buildings, structures, open spaces, play areas, parking, roads, drives, variations in setback and yard requirements. The Planning and Zoning Commission shall consider each plan and make its recommendation to the Board of Aldermen, which shall then make a determination as to approval or disapproval of the plan.

Land may be zoned as District "P" (Planned Overlay District) by the Board of Aldermen on its own motion, whenever it is felt that such land would be better developed and fulfill the intent of the City's land use and Comprehensive Plan development. The owner or developer of such land designated as a District "P" (Planned Overlay District) by the Board of Aldermen shall submit a site development plan to the Planning and Zoning Commission which must be considered during a public hearing by said Commission and recommendation made to the Board of Aldermen and then approved by the Board of Aldermen during a public hearing before the land may be developed.

The owner or developer of land determined by the Board of Aldermen to be better developed as a planned development shall, prior to such development, prepare and submit to the Planning and Zoning Commission a site development plan with the following elements:

The boundaries of the area and the development of property adjacent to the area and within three hundred (300) feet thereof.

The existing topography in intervals no greater than two (2) feet.

Proposed location, number, type and arrangements of buildings, typical elevation, structures, parking areas, existing and proposed streets, drives, open spaces, play areas and other reasonable information required by the Commission. The plan shall be accompanied by a plat giving full legal description of the boundaries of the property.

Building elevations.

(1)

Elevations of all sides of proposed buildings, including notation indicating building material to be used on exteriors and roofs.

(2)

Location, size and materials to be used in all screening of rooftop mechanical equipment.

Land may be zoned under this Planned District classification "R-1P" through "M-2P", inclusive, subject to the submission of the overall site development plan to the Planning and Zoning Commission for a recommendation and report to the Board of Aldermen and approval of such site development by the Board of Aldermen. The site development plan, as approved, shall be entered into the records of the Planning and Zoning Commission, Board of Aldermen and the Planning Officer and conformance to the plan shall be mandatory, except as provided therein or unless a change in such site development plan is reviewed by the Planning and Zoning Commission because of change in conditions and recommendation made to the Board of Aldermen and such change is approved by the Board of Aldermen. The Planning Officer may allow the developer to make the following changes in the approved site development plan as a result of unforeseen engineering problems:

Move private streets and driveways by not more than ten (10) feet.

Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.

Move the location of any parking area by not more than twenty (20) feet so long as it would not come closer than twenty (20) feet to any residential structure or ten (10) feet from any street or right-of-way lines.

Change the configuration of any parking area so long as the number of spaces is not reduced.

Change the location of sidewalks and pathways provided that all points remain connected.

Use.

The uses permitted in any planned district shall be the same as in the corresponding regular district; for example, the uses permitted in "M-1P" shall be the same as in "M-1".

"M-1P" Districts located north of I-70 and west of Buckner Tarsney Road may allow uses permitted in "C-2" and "C-3" zoning districts.

Requirements And Standards.

The amount of open space, buffer zone, yard, parking, play area, density, floor area ratio and height requirements shall be determined by the Board of Aldermen after recommendation by the Planning and Zoning Commission. Buildings over the maximum allowable height of the base district shall be allowed, provided that any part of the structure over the maximum allowable height of the base district shall be set back from all property lines one (1) additional foot for each additional foot in height.

The Board of Aldermen shall use the requirements and standards found in the base zoning district as a guide in making such determination and may permit adjustments from these requirements and standards in the interest of efficient land development and utilization if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced.

A District "P" may be established on a tract of land in single ownership or under unified control.

The net area of land to be included in a District "P" and so designated shall be at least two and one-half (2½) acres in size. The term "net area", as used herein, shall not include any areas within dedicated highways, streets, alleys or any other public ways or public property.

The location of any District "P" shall be on property which has direct access to major thoroughfares and the Planning and Zoning Commission and Board of Aldermen shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic projected to be generated by the development.

No building permit shall be issued for any construction in this District "P" until the Board of Aldermen has approved the final development plan for the building and site, except that individual sites may be approved by the Planning Officer if all of the provisions of the comprehensive zoning ordinance are met. When any latitude or flexibility, as allowed for in Subsection (A) of this Section is requested, the review and approval shall be done by the Planning and Zoning Commission and the Board of Aldermen.

Applicants requesting approval of development plans on undeveloped Planned Overlay District properties in existence at the time this Chapter is adopted shall submit preliminary development plans concurrent with preliminary plats.

Development of a single lot or parcel not exceeding one (1) acre is exempt from the requirements to submit a preliminary development plan.

The site development plan for any construction or development shall include provisions to meet the following standards:

(1)

Each exterior wall within three hundred (300) feet of and visible from the right-of-way of I-70 or Buckner Tarsney Road shall be constructed with one hundred percent (100%) coverage of all exterior visible walls with the following materials:

(a)

Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction or similar materials.

(i)

Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble or other hard and durable all-weather stone. Ashlar, cut stone and dimensioned stone construction techniques are acceptable.

(ii)

Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.

(iii)

Stucco or approved gypsum concrete/plaster materials.

(b)

Glass walls. Glass walls shall include glass curtain walls or glass block construction. A "glass curtain wall" shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass and other surfacing material supported in a metal framework.

(c)

Wood. Plywood paneling shall be prohibited.

(d)

Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.

(2)

Each exterior wall facing a public street shall consist of no less than twenty percent (20%) coverage of building materials noted in paragraph (1).

(3)

All remaining exterior walls shall be constructed of materials in paragraph (1) or the following:

(a)

Wood.

(b)

Metal panels with a depth of no less than one (1) inch and a thickness of U.S. Standard 26 gauge or more.

(4)

Prohibited materials on all exterior walls.

(a)

Concrete finish or precast concrete panel (tilt wall) that is not exposed aggregate, hammered or sandblasted.

(b)

Metal panels with a depth of less than one (1) inch or a thickness less than U.S. Standard 26 gauge.

(c)

Plywood or masonite panels.

(5)

Certain restrictions and limitations.

(a)

Exposed front and street sidewall facades, excluding windows, doors or overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited.

(b)

Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.

(c)

Roof-mounted equipment, excluding satellite dishes, shall be screened from view (one hundred percent (100%) opacity) or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare up to a maximum of three hundred (300) feet away and no more than three (3) feet of equipment shall be visible from other adjoining property. The appearance of roof screen shall be coordinated with the building to maintain a unified appearance.

(d)

Electrical and mechanical equipment in excess of three (3) feet in height and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view (one hundred percent (100%) opacity) up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.

(e)

Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.

(f)

Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished or repainted. "Excessively faded" shall be defined as a color change exceeding seven (7) Delta E (Hunter) units under ASTM D2244. "Excessively chalked" shall be defined as chalk in excess of ASTM D759 number six (6) rating.

Any loading area adjacent to an exterior park boundary street or a residential area shall be buffered with landscape materials in conjunction with earthen berms.

All products that are stored or sold and materials used in production shall be kept inside a building and all services shall be rendered inside a building with the exception of outdoor play areas for licensed day care facilities.

Preliminary Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted at the same time as the rezoning request. No rezoning request will be considered until all required elements have been submitted.

Two (2) full size copies and two 11" x 17" copies of the preliminary development plan shall be submitted in support of the application for rezoning. The preliminary development plan shall contain the following information:

North arrow and scale. All preliminary development plans are to be drawn to a standard engineer's scale. All items shown on the preliminary development plan including, but not limited to, streets, driveways and buildings shall be drawn to scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.

With regard to the subject property only:

(1)

Existing topography with contours at five (5) foot intervals and delineating any land areas within the 100-year floodplain.

(2)

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.

(3)

Sufficient dimensions to indicate relationships between buildings, property lines, parking areas and other elements of the plan.

(4)

General extent and character of the proposed landscaping.

(5)

Preliminary storm water collection, detention and erosion control plans, showing existing facilities.

(6)

An analysis of the capacity of the existing sanitary sewer receiving system.

With regard to areas within two hundred (200) feet of the subject property:

(1)

Any public streets which are of record.

(2)

Any drives which exist or are proposed such that their location and size are shown on plans on file with the City, except those serving single-family houses.

(3)

Any buildings which exist or are proposed such that their location and size are shown on plans on file with the City. Single-family and two-family residential buildings may be shown in approximate location and general size and shape.

A schedule indicating total floor area, land area, parking spaces, open space, land use intensity and other quantities which are described in the preliminary development plan.

A schedule indicating the stages proposed to be followed in the construction of the development.

Two (2) copies of a preliminary sketch shall be submitted depicting the general style, size and exterior construction materials of the buildings proposed. In the event of several building types, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

Two (2) copies of a thoroughfare plan showing the general arrangements of streets within one thousand (1,000) feet of the boundaries of the area proposed for development.

Traffic Impact Analysis (TIA). A TIA may be required by the Planning Officer whose decision is appealable to the Planning and Zoning Commission whose decision is appealable to the Board of Aldermen. In addition, the Planning and Zoning Commission or Board of Aldermen on their own motion may require a Traffic Impact Analysis. Elements which will be considered in the determination of requiring a Traffic Impact Analysis, include, but are not limited to:

Developments in the adjacent traffic corridor.

Areas of existing high traffic congestion.

Proposed development of a size, i.e., building square footage, number of employees, that a significant increase in area traffic is expected.

Preliminary Development Plan — Revisions.

Changes in the approved preliminary development plan.

Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning and Zoning Commission and disapproval of such changes by the Planning and Zoning Commission may be appealed to the Board of Aldermen within ten (10) business days of the Planning and Zoning Commission decision.

Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning and Zoning Commission; such rehearing shall be in accordance with Section 400.330, "Amendments".

For purposes of this Section, "substantial or significant changes" in the preliminary development plan shall mean any one (1) or more of the following:

(1)

Increases in the floor area of each building or buildings presented in the preliminary development plan by more than ten percent (10%) or decreases in the floor area of any building by equal to or greater than fifty percent (50%).

(2)

Increases in lot coverage by more than five percent (5%).

(3)

Increases in the height of any building by more than twenty percent (20%).

(4)

Changes of architectural style which will make the project less compatible with surrounding uses.

(5)

Changes in ownership patterns or stages of construction that will lead to a different development concept.

(6)

Changes in ownership patterns or stages of construction that will impose substantially greater traffic loads on streets and other public facilities.

(7)

Decreases of any peripheral setback of more than five percent (5%).

(8)

Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.

(9)

Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.

(10)

Modification or removal of conditions or stipulations to the preliminary development plan approval.

The determination of whether a proposed revised preliminary development plan contains "substantial or significant changes" shall be made by the Planning Officer.

Final Development Plan — Content And Submission Requirements. The following list delineates the elements which are to be submitted for approval of a final development plan.

Two (2) full size and two 11" x 17" copies of a final development plan for any building or buildings to be constructed within the development shall be submitted in support of the application. The final development plan shall contain the following information:

Site plan.

(1)

Finished grades or contours for entire site (two (2) foot contour intervals).

(2)

All adjacent public street right-of-way, existing and proposed, with centerline location.

(3)

All adjacent public street and private drive locations, widths, curb cuts and radii (existing and proposed).

(4)

Location, width and limits of all existing and proposed sidewalks.

(5)

Location, size and radii of all existing and proposed median breaks and turning lanes.

(6)

Distance between all buildings, between buildings and property lines, and between all parking areas and property lines.

(7)

Location of all required building and parking setbacks.

(8)

Location, dimensions, number of stories and area in square feet of proposed buildings.

(9)

Area of land on site plan in square feet or acres.

(10)

Limits, location, size and material to be used in all proposed retaining walls.

(11)

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

(12)

Location, height, candlepower, direction of lighting and type of outside lighting fixtures for buildings and parking lots.

(13)

Location, size, type of material and message of all proposed monument or detached signs.

(14)

Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.

(15)

Final stormwater collection, detention and erosion control plans.

(16)

Final analysis of the capacity of the existing sanitary sewer receiving system.

Building elevations.

(1)

Elevations of all sides of proposed buildings, including notation indicating building material to be used on exteriors and roofs.

(2)

Location, size and materials to be used in all screening of rooftop mechanical equipment.

Landscaping and screening.

(1)

Landscape plan calling out size, species, location and number of all proposed landscape material.

(2)

Notation of all areas to be seeded or sodded.

(3)

Location, size and materials to be used for all screening and/or outside trash enclosure areas.

All final development plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Planning Officer.

The following shall be submitted in support of the application for final development plan approval:

Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat.

A copy of all covenants and restrictions applicable to the development if required by the terms of the approved preliminary development plan.

Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.

Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.

Final Development Plan — Consideration.

Application for a final development plan approval shall be submitted for approval by the Planning and Zoning Commission and by the Board of Aldermen.

The Planning and Zoning Commission may recommend approval, approval with stipulations or conditions or recommend disapproval of any development plan and the Board of Aldermen may approve, conditionally approve or disapprove any final development plan.

In the event of a determination that changes in the proposed final development plan are substantial changes from the approved preliminary development plan and thereby denied by the Board of Aldermen, the same or a similar application may not be considered again by the Planning Commission and Board of Aldermen except through the public hearing process, in accordance with Section 400.330, "Amendments" and Section 410.340, "Resubmission of Application".

No building permit shall be issued for any construction in this District "P" until the Board of Aldermen has approved the final development plan for the building and site.

The proponents of a Planned District shall prepare and submit a schedule of construction, which construction shall begin within a period of one (1) year following approval of the final development plan by the Board of Aldermen. Failure to begin the construction as scheduled shall void the final development plan as approved, unless a request for an extension of time is made by the proponents to the Board of Aldermen and approved by said Board.

Adjustments to final development plan.

After the zoning change has been made and the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights or open spaces are requested by the proponents and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the Planning Officer pursuant to the final development plan considerations.

In addition to the above, the Planning Officer may, without the approval of the Planning and Zoning Commission or Board of Aldermen, allow the developer to make the following changes in the approved final plan as a result of unforeseen engineering problems:

(1)

Move private streets and driveways by not more than ten (10) feet.

(2)

Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.

(3)

(4)

Change the configuration of any parking area so long as the number of spaces is not reduced below the required number of spaces.

(5)

Change the location of sidewalks and pathways provided that all points remain connected.

Along any other property line abutting or adjoining a residentially zoned district, there shall be a setback of at least ten (10) feet for any building or parking lot. The Planned District shall be permanently screened from such abutting or adjoining properties zoned for residential use by wall, fence or other suitable enclosure at least six (6) feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen and trees and shrubs shall be properly and adequately maintained by the developer.

The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning and Zoning Commission may recommend to the Board of Aldermen a reduction in the above required setbacks where the situation will reasonably warrant such reductions and the Board of Aldermen may, in their discretion, adjust such setbacks.

Parking and loading regulations. (See Section 400.290, "Off-Street Parking and Loading Regulations".)

10.

Landscaping and screening. (See Section 400.280, "Landscaping and Screening".)

Section 400.210 Planned Unit Development.

[Ord. No. 1084 §250, 3-10-1997; Ord. No. 2067, 2-22-2010]

Statement Of Intent.

The designation Planned Unit Development is a zoning district to be used in conjunction with other zoning districts as an overlay district. It is the intent of this Section to provide for integrated developments having harmony of design and variety of function. A Planned Unit Development (PUD) shall be a well-planned community utilizing a creative approach to develop an environmentally sound neighborhood which may contain varied uses and which does contain open space developed according to the needs of the residents. PUDs are given a flexibility in the design of buildings, yards and circulation patterns in order to produce:

A maximum choice in the type of environment and living units available to the public. Residential areas must be well-designed and may contain a variety of residential structures and building arrangements such as single-family, duplexes, patio homes, zero lot line houses and town houses.

Open space and recreational amenities developed according to the needs of the residents and the capacity of the land for such development.

A pattern of development which conserves the natural amenities and environmental assets of the land. Such a development must be environmentally and ecologically sound. It must take into account the limitations of the land under development and work within the framework of those limitations to prevent soil erosion by either wind or water.

A creative and innovative approach to site planning which utilizes the land efficiently, resulting in smaller networks of utilities and streets and thereby lowers housing cost.

An environment of stable character compatible with and complimentary to diverse surrounding development. Such development may include commercial or industrial, provided that land use limitations and socio-economic factors are weighed properly in the decision-making process.

(1)

A more desirable environment than would be possible through the strict application of other Sections of the ordinance.

(2)

The Planned Unit Development is designed to meet the needs of small- and large-scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or common building sites, but the planned unit concept is not intended to permit a greater density or uses different from those set forth in the regulations of the zoning district in which the development is located. Common land must be an essential and major element of the plan which is related to and affects the long-term value of the homes and other development. A planned unit shall be a separate entity with a distinct character in harmony with surrounding development.

Design Criteria.

These design criteria, together with other administrative rules and regulations, are the basic criteria for all PUDs. These design criteria shall be used in designing the preliminary and final plans and plats.

Location. The designation Planned Unit Development (PUD) is a zoning district to be used in conjunction with other zoning districts as an overlay district. A planned unit development shall be permitted in any district except "P" (Planned District).

Minimum site size. The minimum size of the site upon which a planned unit development shall be located shall be not less than three (3) acres for commercial developments, not less than five (5) acres for residential development, and not less than twenty (20) acres for industrial, educational, medical and other types of institutional development.

Permitted uses. The following uses shall be permitted in a planned unit development; however, commercial or industrial development shall not be permitted in an area zoned for residential use only.

(1)

Dwelling units (attached, detached, semi-attached or groups or attached or clustered or multi-storied structures or any combination thereof); and non-residential uses which are designed or intended to serve the residents of the planned unit development.

(2)

Commercial uses having a major impact upon the municipality as a whole or major sub-elements thereof, such as shopping centers, office complexes, major recreational and entertainment facilities, together with such other uses that are designed or intended to serve such activities and uses.

(3)

Industrial parks, including other supporting uses necessary for and designed or intended to serve such activities or uses.

Permitted densities.

(1)

It is the intent of this Section that the gross density within a PUD not exceed the gross density of the zoning district in which the PUD is located. For the purpose of computation, the following are recommended densities. Higher densities are possible based on the development plan being presented.

	"R-1", "R-1A", "R-1B", "R-1C" PUD — 4.25 units per acre
	"R-2" PUD — 5.95 units per acre
	"R-3" PUD — 19.6 units per acre

(2)

The preceding densities are gross densities and refer to the number of family living units provided by the total area of the site including streets, park areas and all other land. The maximum number of permitted family units may be calculated by multiplying the gross area by the maximum permitted density. In cases where more than one (1) district is included, the number of permitted family units must be calculated for each district independently.

Land use planning. Land use planning for all development shall relate appropriately to all site conditions and to the existing or permissible development of adjoining properties.

General site design. A site design shall be provided which includes an arrangement of all site facilities necessary to create a safe, functional, convenient, healthful, durable and attractive living environment for residents.

Design quality. All elements of the site design shall be organized in an orderly and efficient manner. The site design shall provide an environmentally beneficial development. Outdoor accommodations presented in these standards for basic and necessary resident activities shall be provided where and as appropriate.

Carrying capacity of the land. Development shall not be permitted which exceeds the carrying ability of the land, as related to the following:

(1)

Topography of the site and the associated problems of building on steep slopes.

(2)

Drainage of areas especially as a result of storm runoff.

(3)

Permeability of the soil especially as it relates to the dispersion of waste from septic tanks.

(4)

Subsurface geology as it relates to the ability to support structures. This is of particular concern in those areas which have undergone subsurface rock quarrying activity.

Site surroundings. The site design shall be coordinated with all existing and proposed plans for the surrounding community. The site design shall be arranged when practical and possible to harmonize with and complement functions and appearance of site surroundings which have a significant bearing on the site. Where the surroundings of a site have incongruous functions or undesirable visual conditions, buffers or screen devices sufficient to separate or modify these unpleasant conditions shall be provided (and as required in Section 400.280, Landscaping and Screening).

Site utilization. The site design shall be arranged to utilize and preserve the favorable features and characteristics of the site and to avoid or minimize the potential harmful effect of unfavorable features. Parcels containing inter-related functional uses within the planned unit development, which have been separately identified by a metes and bounds description on the preliminary plan, may be amended separately from the entire planned unit development if requested by the applicant and determined by the Board of Aldermen as not seriously affecting the overall planned unit development.

Topography.

(1)

In the design of a site, the effect of topographic conditions on the costs of development and operations shall be considered when locating various uses on the land. No site design shall have land uses combined with site conditions in a manner which prevents a functional development or in a manner which prevents correction of a potential hazard.

(2)

Grading design shall use natural drainage ways for drainage where possible and shall not cause or increase erosion conditions within or adjoining the site.

(3)

Grades should be designed to retain original ground surface levels to the limits of the branch spread of trees and around other natural vegetation to be preserved in place.

(4)

All elements of the site design shall be designed to fit the natural contour of the land as closely as possible and practicable.

Surface drainage.

(1)

Buildings, structures, streets, paved areas and utilities shall be located on the site in areas of the least potential ground water hazard.

(2)

Grades should not be designed which direct a concentrated flow of surface drainage over existing or proposed slopes.

(3)

Where storm drainage flow is concentrated, permanently maintainable facilities which can include vegetation shall be provided to prevent significant erosion and other damage or flooding on site or on adjacent properties.

(4)

Drainage shall be designed using either surface or subsurface drainage or both to accommodate storm runoff without adversely affecting structures calculated on the basis of ultimate foreseeable developed conditions of contributory site and off-site drainage areas for 25-year frequency floods.

Slopes. All earth slopes with grades of thirty percent (30%) or steeper shall be planted with appropriate vegetative cover to minimize erosion.

Vegetation.

(1)

Existing healthy trees, shrubs and natural cover of good quality which will contribute to the living environment and which can be saved shall be preserved to the fullest extent practical.

(2)

Fences or other equally effective barriers should be provided during construction which will protect the ground area beneath the branches of trees and other areas of natural vegetation to be preserved from vehicular intrusion, materials storage or other construction activities.

(3)

Walls, tree wells and/or other devices of appropriate design should be provided to preserve the life of trees which would otherwise be adversely affected by nearby grade changes.

Usable open space. A minimum of sixty percent (60%) of a residential project should be "usable open space" which is defined as land which is free of buildings, structures and other substantial improvements. The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition:

(1)

Outdoor swimming pools, swimming pool areas, hard surface recreational areas and other recreational areas, provided these areas are unenclosed except for fences, canopies, bathhouses or other minor structures.

(2)

Customary driveways for one- and two-family dwellings.

(3)

Flat roofs with improved recreational and open space facilities with ready access.

(4)

A maximum of one-half (½) of the usable open space requirements may be satisfied by that portion of public or private rights-of-way adjacent to the site and which at the ultimate expected pavement width for that classification of street will remain unpaved.

(5)

Enclosed open space areas in shopping malls, including walkways.

(6)

The following examples are listed by way of illustration to indicate what may not be counted as usable open space within this definition:

Roofs.

Open parking areas.

Parking structures.

Slopes in excess of twenty-five percent (25%).

(e)

Streets, public or private.

(7)

Phase or identifiable segment of a residential project shall contain less than fifty percent (50%) usable open space.

Local open space. A minimum of three percent (3%) of all residential areas shall be developed as "local open space" which is defined as usable open space which is designed to be available to the residents of the project in general, is developed to meet their recreational needs, and would not normally be considered as the yard of a particular building. Land which is within twenty-five (25) feet behind or twenty-five (25) feet in front or ten (10) feet to either side of a building shall not be included in this definition. The following standards shall apply:

(1)

Local open space, regardless of size, which is to be dedicated to the City must be approved by the Park Board and accepted by the Board of Aldermen.

(2)

No local open space area may be less than twenty thousand (20,000) square feet except in PUDs of less than fifteen and three-tenths (15.3) acres, nor larger than three (3) acres (except when stream valley parks, storm drainage, utility easements or green buffers are included with the written permission of the Planning and Zoning Commission).

(3)

Any area or segment of an open space less than one hundred (100) feet in width cannot be calculated as local open space unless it is clearly part of an overall open space system. For example, a linear pedestrian system linking larger open spaces could be included in the calculation.

(4)

A local open space area smaller than twenty thousand (20,000) square feet or larger than three (3) acres may be authorized, particularly if practical difficulties or unusual hardship would be caused by the application of the required standards.

(5)

When open space land is stream valley or floodplain or without sufficient adequately-sized and reasonably level areas for selected active recreational use, the City may require that additional land of a suitable nature be provided even though the total required is more than the regularly required amount.

(6)

In meeting the local open space requirement, not more than half the required local open space may consist of the storm drainage reservation land and the other half must be supplied from other land. In all cases where storm drainage area is counted toward meeting local open space requirements, preservation of the natural assets of the land, including its vegetation, must be provided for in graphic and/or written form, subject to approval by the Planning and Zoning Commission.

(7)

Required local open space must meet the definition of usable open space. Land in public utility easements may be included in the local open space provision to the full extent that the use of the land is not restricted for recreational purposes. To the extent that it is restricted, additional land must be designated by the developer.

(8)

A developer may choose to mix his types of housing, i.e., single-family, row houses, apartments, etc., or to cluster homes and reduce private yard size. This will, in many cases, result in a substantially larger open space area than the legal minimum. For example, a site in an "R-1", "R-1A", "R-1B", "R-1C" zone developed entirely with single-family homes would provide only the required three percent (3%) of the site for local open space. If, however, some apartments and row houses were mixed with the single-family homes in an "R-1", "R-1A", "R-1B", "R-1C" zone to achieve the same overall density, the lesser physical space required for the row houses and apartments per dwelling unit would obviously leave considerably more actual open space.

(9)

Local open space in addition to the three percent (3%) minimum requirement shall be distributed reasonably throughout the subdivision. That is, within any portion of a development tract (a portion being an area separated by roads, by topographic natural or manmade barriers), the area of local open space should be in proportion to the percentage of living units within that portion of the tract. Deviations from this principle will be permitted where:

(a)

Severe topographic or other site conditions restrict the area in which development is feasible or outstanding natural features worthy of preservation are present (such as a grove of pine trees) and should be included in the open space area.

(b)

Transition area requirements are satisfied in terms of open space.

(c)

A buffer zone of open space would protect homes, such as along their perimeter of a major highway or an industrial site.

(d)

Utilities such as sewer and water cannot be brought to a portion of the site.

(e)

The developer can demonstrate that the layout will result in a clear improvement to the general amenity and greater specific recreational advantages to the residents of the proposed subdivisions. Such uses and advantages shall be specified in the restrictive covenants and provision for the maintenance of such spaces shall be clearly indicated. Examples are golf courses or systems of horseback trails.

(10)

The distance between clusters of structures should be considerable less compact than that provided by minimum dimensions. Local open space areas should be more numerous with shorter service depth. More space should be provided for amenities, including landscaping, screening, greater distance between buildings, buffer zones, etc. Center-focus sites may be more pleasingly connected with each other and homes by linear spaces.

Development of local open space. Improved local open space for both active and passive recreation shall be provided as appropriate where permanent maintenance can be assured. The improvement shall be consistent with the size of the development, age levels and needs of intended users and shall consider operation and maintenance costs.

(1)

Adequate recreation space appropriately equipped shall be provided consisting of open areas for active recreation such as playgrounds or major sports and places for passive recreation such as parks and sitting areas.

(2)

Publicly owned and maintained parks, playgrounds and school grounds, which are convenient to a development and readily available for use by the residents, should be considered in the design of the site. Adjoining public facilities shall not be considered in meeting the three percent (3%) minimum local open space requirement, in total or in part.

Local open space distribution.

(1)

The distance between local open space areas is almost as important in their design as is their size; the distance determines the density of distribution throughout the subdivision, the maximum walking distance from the home, and the number of people conveniently served by each local open space. In subdivision design planning, "service depth" is a more convenient term of measure than "distance between local open space areas".

(2)

Service depth is the distance between the boundary of a local open space and the boundary of its surrounding service area and is roughly one-half (½) the distance between two (2) local open spaces. Service depths should be kept as constant as possible in order to maintain equitable relationships with homes served. Where depths vary, however, local open spaces should desirably be scaled to the size of the population served.

(3)

All homes should be within five hundred (500) feet of a local open space or other public park or recreational area accessible to the residents.

(4)

At densities of up to five and five-tenths (5.5) living units per acre, where the developer provides only the minimum percentage of local open space required, the private yard spaces of the individual homes will be large enough to provide for some recreational needs. The local open space acreage, therefore, should be distributed in local open spaces of at least one (1) acre in size in order to satisfy those needs requiring larger areas than provided in individual yards. In these cases, the service depths will necessarily be larger than the maximum five hundred (500) feet. Local open spaces should be compact in shape and evenly distributed or combined with additional space provided through floodplain reservations.

(5)

Groups of residential units may be distributed throughout developable area in clusters or groups of clusters (houses or apartment buildings arranged about common parking courts or service streets). These clusters are planned to be small enough to afford ready pedestrian access from all homes to the continuous open space in which they are placed.

Access to local open space.

(1)

At least one (1) unencumbered access easement with minimum width of twenty (20) feet shall be required for each local open space from public streets for maintenance purposes. An access easement at least ten (10) feet wide shall be required for all sidewalks or pathways. The sidewalk easement may, with the approval of the Planning and Zoning Commission, be included within the twenty (20) foot access easement for maintenance purposes. Street frontage may be included within the definition of access easements.

(2)

Where the pathway system serving a residential neighborhood passes through an individual local open space to be retained by the developer or homes association, public right-of-way or easement shall be secured.

(3)

Opportunities should be seized to join separate local open spaces into a network of local open spaces, community parks, school-recreation centers, reservoirs, lakes and the major parks of an area. The total acreage is not as significant as the establishment of a completely interlinked system. Each development, where possible, should contribute to the eventual whole.

(4)

Where the developer of a single-family house subdivision elects to reduce lot size to afford an area of common open space, the space should be distributed so that it clearly relates to as many of the smaller lots as is practicable.

(5)

Paved accessways to maintenance points may be required in order that the Department of Public Works may have adequate access to storm drainage areas and sanitary sewers.

Pedestrian access to buildings.

(1)

Each building shall have safe and convenient pedestrian access from project parking areas.

(2)

A primary entrance readily accessible to the physically handicapped shall be provided to any residential structure intended for occupancy by the elderly or physically handicapped and non-dwelling structures appurtenant to such residential structures.

(3)

Sidewalks or pathways shall be provided for safe, convenient access to all dwellings and for safe pedestrian circulation throughout a development between facilities and location where major need for pedestrian access can be anticipated.

(4)

Sidewalks and pathways shall be located to assure a minimum vertical clearance of seven (7) feet from all permanent or temporary obstructions.

(5)

Public or project sidewalks and pathways shall be provided for all buildings having frontage on highways or collector streets and where essential for pedestrian safety.

(6)

Where the window sill of a habitable room is less than six (6) feet above a sidewalk or pathway, the sidewalk or pathway shall be at least eight (8) feet from the wall containing the window, unless privacy of the interior space is not essential or would not be impaired.

Sidewalks and pathways — objective.

(1)

Pedestrian walkways should connect every home with the major attractions of potential pedestrian movement. These include vehicles and vehicular areas, schools, shopping and local parks. They will include sidewalks, cross-walkways and interior pathways. They should be designed and located so as to avoid conflict and danger from vehicles, particularly at intersections with local or collector streets.

(2)

The initial sidewalk and pathway policy is: To review each subdivision individually to determine whether the walkway system will be related (1) exclusively to the streets, (2) exclusively to interior open space systems, or (3) some combination of both.

(3)

When structures are set back less than thirty-three (33) feet from the curb line and driveways are provided, an interior pathway system must be used.

(4)

Sidewalks or paths will be required on one (1) side of cul-de-sacs to the radius of the cul-de-sac.

(5)

Minimum sidewalk or pathway width shall be four (4) feet. The back side of any sidewalk or pathway shall be a minimum of six (6) feet from any parking bay, parking court or street. A walk not for general use leading to a single or double living unit from a sidewalk or pathway must be a minimum of three (3) feet in width.

Street width.

(1)

Collector streets which serve commercial or industrial areas or collector streets which would serve in excess of two thousand (2,000) trips per day shall be a minimum of thirty-six (36) feet back to back of curb.

(2)

Streets which provide access to recreational facilities or which would carry traffic volumes of three hundred (300) trips per day or more should be a minimum of twenty-eight (28) feet back to back of curb.

(3)

Minor residential (marginal access) streets which would carry less than three hundred (300) trips per day should be a minimum of twenty-eight (28) feet back to back of curb.

(4)

The following should be used for calculating trip generation:

	TABLE A
	Density	Trips/Unit/Day One Way
	0 to 2 dwelling units per acre	12.0
	2.1 to 4 dwelling units per acre	10.5
	4.1 to 6 dwelling units per acre	8.0
	6.1 to 8 dwelling units per acre	7.5
	8.1 to 10 dwelling units per acre	7.0
	10.1 to 12 dwelling units per acre	6.5
	12.1 or more dwelling units per acre	5.5

	TABLE B
	Off-Street Parking Spaces Per Dwelling Unit	Type of Unit
	3	Detached single-family
	3	Attached single-family
	1.5	Efficiency apartment
	2	One-bedroom apartment
	3	Two or more bedroom apartment

Setbacks.

(1)

Where PUD land directly abuts land not in the same PUD, setbacks shall be those of the base zone or the abutting zone, whichever is greater.

(2)

Where PUD land is separated from land not in the same PUD by a street, setbacks shall be not less than eighty percent (80%) of those in the base zone or the abutting zone, whichever is greater.

Height requirements. Within a PUD, a variation in maximum height may be granted by the Board of Aldermen having regard for the spirit and purpose of this development district and this Chapter.

Intensity — square feet, gross floor area per acre. Land use intensity is to be used to insure that adequate light, air and ventilation are provided. Land use intensity is measured in terms of the percentage of usable open space provided. In a residential PUD, a minimum of sixty percent (60%) of the gross land area must be maintained as usable open space. In commercial and industrial developments, a minimum of thirty percent (30%) of the gross land area must be maintained as usable open space.

Landscaping and screening. All developments must comply with the requirements for landscaping and screening in the Zoning Code, Section 400.280, "Landscaping and Screening".

Procedure.

Process. The overall PUD process is composed of four (4) elements: preliminary plan, preliminary plat, final plan and final plat, as follows:

The preliminary plan is appended to the ordinance granting the PUD and becomes a part thereof.

The preliminary plat is a translation of the preliminary plan into the requirements of the subdivision ordinance and must be submitted with the preliminary plan.

The final plan represents the detailing of the preliminary plan. After the engineering is completed, the final plan is drawn to reflect changes from the preliminary plan. The final plan must be consistent with the preliminary plan as outlined in Subsection (C)(4)(b) of this Section. The development must be built according to the final plan.

(1)

The final plat is the translation of the final plan into the requirements of the subdivision ordinance and must be submitted with the final plan.

(2)

In the PUD, the zoning and platting processes are carried out concurrently. The requirements for each of the four (4) elements are listed below.

(3)

This application is a rezoning request and the same procedures shall be followed concerning application, Planning and Zoning Commission review and public hearings. Upon approval by the Board of Aldermen, the PUD shall be designated on the Zoning District Map.

Procedures — Preliminary Plan and Preliminary Plat.

The preliminary plan shall consist of maps and/or text which contain:

(1)

A complete site plan showing the major details of the proposed development consisting of the following:

(a)

Conceptual drainage plans,

(b)

Approximate location of buildings and structures, off-street parking areas, off-street loading areas, service and refuse areas and means of ingress and egress, except in Districts "M-1" and "M-2"and in traditional single-family areas ("R-1" type) where no variances are requested and lot lines are shown,

(c)

Conceptual landscaping or screening proposals,

(d)

Location of and conceptual design of signs,

(e)

Approximate location and conceptual design of local open space areas, and

(f)

Pedestrian areas and walkways, with sufficient dimensions to clarify the plan.

(2)

The proposed name of the development and the names of adjacent developments.

(3)

The names, addresses and phone numbers of the owner and registered engineer, planner, surveyor or landscape architect responsible for the planning, engineering, survey and design.

(4)

The location of boundary lines and their relation to established section lines or fractional section lines, township and range lines.

(5)

The approximate location and width of existing and proposed streets, roads, lots (approximate dimensions) (residential only), building lines, utility easements, drainage easements, parks and other open spaces, other similar features, and proposed improvement of perimeter streets.

(6)

A survey showing the physical features of the property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%) (ten (10) foot intervals for non-residential uses). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plat or plan.

(7)

All parcels of land proposed to be dedicated to public use and the conditions of such dedication, if any.

(8)

Date, north point and scale.

(9)

Designation of proposed uses of land within the development, whether for residential, commercial, industrial or public use, such as parks, churches, etc., including gross density or intensity of use.

(10)

Computation of usable open space.

(11)

Computation of local open space in square feet and as a percentage of total gross land area.

(12)

An identification of proposed phases of development.

(13)

An estimated time schedule for development.

(14)

A statement of the primary points to be covered in a homeowners' association or a proposal for other approved arrangements.

(15)

Such other information as the Planning and Zoning Commission shall require by resolution.

(16)

Any other information the applicant believes will support his request.

The preliminary plat shall include the following:

(1)

The names, addresses and phone numbers of the owner and registered engineer, surveyor, planner or landscape architect responsible for the engineering, survey and design.

(2)

The location and boundary lines and their relation to established section lines or fractional section lines, township and range lines.

(3)

The approximate location and width of existing and proposed streets, roads, lots (with approximate dimensions on residential plots), building lines, utility easements, drainage easements, parks and other open spaces, other similar features, and proposed improvement of perimeter streets.

(4)

All parcels of land proposed to be dedicated to public use and the condition of such dedication, if any.

(5)

Date, north point and scale.

(6)

Indication on the plat of the minimum floor area for buildings in the proposed development.

Upon approval of the preliminary plat and plan by the Board of Aldermen, all engineering plans must be submitted to the City and approval received prior to the Planning and Zoning Commission hearing for approval of the final plat and plan.

Procedures — final plan and final plat. A planned unit development final plan and final plat shall be filed with the Planning and Zoning Commission and shall be in accordance with this Chapter. This may be for all or part of the land included within a previously approved preliminary plan and plat.

The final plan shall contain the data specified in the following:

(1)

The name of the development and adjacent developments.

(2)

Additional data:

	Drainage plans.
	Location of buildings and structures (except as provided in Subsection (C)(4)(a)(18))
	Off-street parking areas and off-street loading areas.
	Service and refuse areas.
	Landscaping or screening proposals.
	Location and conceptual design of signs.
	Location and design of local open space areas.
	Pedestrian areas and walkways.
	Building lines.
	Minimum building to building and building to lot line side yard distance, with sufficient dimensions to clarify the plan.

(3)

Designation of proposed uses of land within the development, whether for residential, commercial, industrial or public use, such as parks, churches, etc., including density or intensity of use.

(4)

An estimated time schedule for development by phase.

(5)

A survey showing the physical features of property, including contours at vertical intervals of not more than five (5) feet where the slope is greater than ten percent (10%) and not more than two (2) feet where the slope is less than ten percent (10%). Elevations shall be marked on such contours based on the existing datum plane established by the U.S. Coast and Geodetic Survey. Bench mark elevations used shall be described on the plan. The approximate acreage of the property shall be shown.

(6)

The lines and names, with accurate dimensions in feet and decimals of feet, of all proposed streets or other ways or easements and other open spaces intended to be dedicated for public use or granted for use of inhabitants of the development, also lines of all adjoining streets.

(7)

The north point, scale and date. All figures and letters shown must be plain, distinct and of sufficient size to be easily read and must be of sufficient density to make a lasting and permanent record.

(8)

The location in the adjoining streets or property of existing sewers and water mains, gas mains, culverts and drain pipes, electric conduits or lines proposed to be used on the property to be developed, and invert elevations of sewers at points of proposed connection.

(9)

Profiles of streets showing grades approved by the City. Such profiles shall be drawn to City standard scales and elevations shall be based on existing datum plane established by the U.S. Coast and Geodetic Survey.

(10)

Location and design of all proposed subdivision monuments or entrance features.

(11)

Computation of usable open space.

(12)

Local open space in square feet and as a percentage of total gross land area.

(13)

The names, addresses and telephone numbers of the owner and registered engineer, planner, surveyor or landscape architect responsible for the engineering.

(14)

(a)

A set of the rules and bylaws of any homeowners' or residents' association, any restrictive covenants which will be imposed, and a maintenance proposal for open space areas.

(b)

The maintenance proposal shall include the maintenance of open space areas. As specified in the design criteria, Subsection (B)(1)(p)(6), where storm drainage area is counted towards meeting open space requirements, reservation must be provided for the natural assets of the land including its vegetation.

(c)

Minimum maintenance procedures must also be established in the proposal for cultivated open space areas, e.g., playgrounds, common areas in front of homes and areas surrounding swimming pools, tennis courts and similar facilities.

(d)

The maintenance procedure must be carried out as it is established in the maintenance proposal. The procedures must be submitted in written and/or graphic form to the Planning and Zoning Commission in sufficient detail to carry out the maintenance procedures herein required.

(15)

Such other information as the Planning and Zoning Commission shall require by resolution.

(16)

Any other information the applicant believes will support his request.

(17)

In "M-1" and "M-2" rezonings, the final plan may be submitted, at the developer's discretion, after approval of the final plat and prior to approval of a resurvey of the final plat. When the final plan is submitted to the Planning and Zoning Commission and Board of Aldermen for approval after approval of the final plat, a resurvey must be submitted to the Planning and Zoning Commission for approval in addition to being submitted to the Board of Aldermen for approval.

(18)

In traditional single-family areas ("R-1" type) where lot lines are shown and no variances are requested, detached single-family residential units need not be shown on the final plan.

The final plan shall be deemed to be in compliance with the preliminary plan provided any modification of the plan does not:

(1)

Increase the proposed gross residential density or intensity of use by more than five percent (5%) or involve a reduction in the area set aside for usable or local open space, nor the substantial relocation of such area, nor

(2)

Increase by more than ten percent (10%) the floor area proposed for non-residential use, nor

(3)

Increase by more than five percent (5%) the total ground area covered by buildings nor involve a change in the number of stories of buildings.

Variations other than those in paragraphs (1), (2) and (3) shall be considered amendments to the plan and the application for such amendments shall be handled in the same manner as the original application with public hearings before the Planning and Zoning Commission and the Board of Aldermen following due public notice as required by law.

The final plat shall contain the data specified in the following:

(1)

The numbers of any lots and blocks in accordance with a systematic arrangement.

(2)

An accurate boundary survey of the property made by an actual survey of the field, with bearings and distances referenced to section or fractional section corners, township and range. The survey shall be made, balanced and closed by a registered engineer or surveyor.

(3)

(4)

The length of all straight lines, deflection angles and radii, arcs and central angles of all curves along the centerline and the property line of each street. All dimensions of property lines along each street and all the lines bordering each lot shall be shown in feet and decimal fractions of a foot. The true bearings and angles of intersections which they make with each other and also any other data necessary for the location of any dedicated easement in the field; if more convenient, calculated bearings may be used in lieu of angles. The locations of all building lines.

(5)

Suitable primary control points approved by the City or descriptions and "ties" to such control points to which all dimensions, angles, bearings and similar data given on the plat shall be referred. All dimensions shall be shown in feet and decimals of a foot.

(6)

The location of all permanent monuments.

(7)

A certification by a registered civil engineer or surveyor to the effect that the plat represents a survey made by him and that all necessary survey monuments are correctly shown thereon.

(8)

(9)

All other required forms such as endorsements, dedications and certificates.

(10)

The final plat shall be accompanied by the following: A certificate of title showing the ownership of the land to be in the developer's name or his principal or other applicant for approval.

(11)

Indication on the plat of the minimum floor area for buildings in the proposed development.

(12)

The names and addresses of the owner and registered engineer, planner, surveyor or landscape architect responsible for the engineering, survey and design.

Amendments.

(1)

Minor changes in the approved final plan of the PUD may be authorized by the Planning and Zoning Commission upon a review of the proposed amended final plan, incorporating such changes, so long as compliance is maintained with the preliminary plan and the purposes and standards of the PUD provisions hereof.

(2)

In addition to the above, the Planning Officer may, without the approval of the Planning and Zoning Commission, allow the developer to make the following changes in the approved final plan as a result of unforeseen engineering problems:

(a)

Move private streets and driveways by not more than ten (10) feet.

(b)

Move the location of structures by not more than ten (10) feet so long as not to violate any setback regulations.

(c)

(d)

Change the configuration of any parking area so long as the number of spaces is not reduced.

(e)

Change the location of sidewalks and pathways provided that all points remain connected.

(i)

Any changes in the final plan other than those authorized in this paragraph and Subsection (C)(4)(b) shall require filing of a new application for a planned unit development.

(f)

Resurveys. Resurveys to determine lot lines after construction of foundations may be submitted to the City and, if consistent with the final plat and plan, may be submitted directly to the Board of Aldermen for approval.

Conditions.

The construction of streets of Phase I of the planned unit development shall be completed within twenty-four (24) months of the effective date of approval of the preliminary plan by the Board of Aldermen. If this is not done, the City shall notify the developer in writing by certified mail that a public hearing will be scheduled before the Planning and Zoning Commission and the Board of Aldermen at the end of the twenty-four (24) month period and specifying the date of such hearing. The developer may appear before the Board of Aldermen at the hearing, as specified, and, upon reasonable grounds being shown therefore, the Board of Aldermen may extend the twenty-four (24) month period for such an additional period not to exceed one (1) year as the Board of Aldermen may deem proper under the circumstances. If the developer does not appear before the Board of Aldermen or does not show reasonable grounds for extension, in the judgment of the Board of Aldermen, the Board of Aldermen may void the preliminary and final plans together with any conditional zoning which was granted in conjunction with said plan. A hearing may be held to vacate any final plats which have been filed and such hearing may be initiated by the City.

Homes association. A homes association or other permanent organization shall be created if other approved arrangements have not been made for improving, operating and maintaining common facilities including streets, drives, service and parking areas and recreational areas.

Conditional rezoning. A rezoning granted in conjunction with a PUD may be a rezoning conditioned upon development of the PUD as herein set forth. Such conditional rezoning shall be designated as conditional at the time it is granted and, in addition to other requirements, is conditioned upon compliance with the provisions of Subsection (D)(1).

Legal protest. Property owners within one hundred eighty-five (185) feet of a proposed PUD area may submit a legal protest of the rezoning or the preliminary plat and plan in the same fashion as provided by law for other rezoning.

Abandonment. Where a PUD has been processed pursuant to the supplemental designation of PUD, its abandonment by the developer shall require the approval of the Board of Aldermen, after recommendation by the Planning and Zoning Commission, of an application for amendment to the Zoning Map repealing the designation of PUD. (Where a PUD has been processed so that the final plat is approved, its abandonment shall require the approval of the Planning and Zoning Commission and vacation of the plat.) A request by the developer to abandon a PUD shall also include a simultaneous request to terminate any conditional rezoning granted in connection with the PUD zoning. If the PUD is abandoned by the applicant (developer) or any successor in interest to the applicant, whether voluntarily, failure to proceed or otherwise and the applicant (developer) fails or neglects to pursue the abandonment procedures herein set forth, such procedures may be initiated by the Planning and Zoning Commission or the Board of Aldermen. The applicant shall deposit with the City at the time of filing the application for PUD a sum sufficient to cover the costs or processing the abandonment of the PUD. Upon completion of the PUD, such sum shall be returned to the applicant.

Variations from the requirements of Section 400.210, other than density and the use or uses permitted in the zoning district on which the PUD is imposed, may be granted by the Board of Aldermen if such variation retains the spirit of this Section, is reasonable in nature, and prevents undue hardship to the applicant. Any variance granted hereunder must be a part of the PUD ordinance. The Planning and Zoning Commission is encouraged to recommend to the Board of Aldermen any suggested variances.

Appeals from any determination by any administrative officer of the City shall be heard by the Board of Adjustments.

Section 400.220 Additional Controls.

[Ord. No. 1084 §260, 3-10-1997; Ord. No. 1645 §1, 5-10-2004; Ord. No. 2067, 2-22-2010]

Uses permitted in any zoning district shall be subject to such controls as may be imposed by the Board of Aldermen if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare or heat, perceptible at the property lines, if such uses generate an amount of traffic so as to cause traffic congestion in the streets or if covered by Subsection (B)(2)(c). With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in closed garages or as provided in Section 400.240) on the premises.

Standards Along Major Roadways Or Adjacent To Residential Property.

Intent and purpose. The regulations of this Section are intended to protect property values, enhance community appearance and to preserve neighborhood character.

Application of regulations.

These regulations shall apply in addition to the other regulations of the base zoning districts.

These regulations shall not apply to single-family or duplex homes or to agricultural uses.

The building construction standards of this Section shall apply with regard to all exterior walls visible and within three hundred (300) feet of the right-of-ways of:

(a)

I-70.

(b)

U.S. 40 Highway.

(c)

Frontage/marginal access roadways associated with such highways.

(d)

Buckner Tarsney Road.

(e)

Main Street.

(f)

AA Highway and Old U.S. 40 Highway and SW Eagles Parkway.

(g)

Sni-A-Bar Boulevard from W. AA Highway north to U.S. 40 Highway.

Minimum exterior building material standards.

One hundred percent (100%) coverage of all exterior visible walls, excluding windows and doors, shall consist of the following materials:

(1)

Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced or veneered-wall construction or similar materials.

(a)

(b)

Brick material used for masonry construction shall be composed of hard fired (kiln fired) all-weather common brick or other all-weather facing brick.

(c)

Stucco or approved gypsum concrete/plaster materials.

(2)

(3)

Wood. Wood paneling shall be prohibited.

(4)

Any other material not specifically excluded, provided the material is approved by the Board of Aldermen.

Prohibited materials on all exterior walls.

(1)

Concrete finish or precast concrete panel (tilt wall) that is not exposed aggregate, hammered or sandblasted.

(2)

Metal panels.

Exposed front and street sidewall facade(s), excluding windows, doors or overhead doors, consisting of a single undifferentiated plane with a single texture or color shall be prohibited.

Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias or mansards shall not be counted as a projection from the primary plane.

Roof-mounted equipment, excluding satellite dishes, shall be screened from view (one hundred percent (100%) opacity) or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare up to a maximum of three hundred (300) feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

All electrical and mechanical equipment in excess of three (3) feet in height, located adjacent to the building and visible from any adjacent applicable public thoroughfare shall be screened from view (one hundred percent (100%) opacity) up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.

Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior walls of any building.

Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become excessively faded, chalked or otherwise deteriorated shall be refinished or repainted. "Excessively faded" shall be defined as a color change exceeding 7 Delta E (Hunter) units under ASTM D2244. "Excessively chalked" shall be defined as chalk in excess of ASTM D759 number 6 rating.

Variation to existing buildings. Additions to the rear of existing buildings or exterior renovations or remodeling may be permitted by the Planning Officer whether or not said addition, renovation or remodel meets strict compliance with this Section.

Any loading area within an area subject to this Subsection (B) shall be buffered with landscape materials in conjunction with earthen berms.

Obstructions Of Site Distance At Intersections And Drives.

Landscaping, fences, signs, buildings and other obstructions shall not be placed to interfere with the line of site between two and one-half (2½) feet and eight (8) feet above the curb or street surface within the following defined locations:

A triangular area formed by an imaginary line that follows street pavement edges and line connecting them twenty-five (25) feet from point of intersection. This sight triangle standard may be increased by the City Engineer when deemed necessary for traffic safety.

[Ord. No. 2506, 6-8-2020]

A seventy-five (75) foot by seventy-five (75) foot area in each direction from street intersections which are not regulated by stop signs.

A twenty-five (25) foot by twenty-five (25) foot area in each direction from two (2) or more vehicular driveways.

Section 400.230 Accessory Uses.

[Ord. No. 1084 §270, 3-10-1997; Ord. No. 1128 §1, 9-8-1997; Ord. No. 1328 §1, 6-26-2000; Ord. No. 1952, 2-25-2008; Ord. No. 2067, 2-22-2010]

A private driveway or walk to provide access to premises in a non-residential district shall not be permitted in District "A", "R-1", "R-1A", "R-1B", "R-1C", "R-2", "R-3" or "R-4".

Buildings or structures or uses which are necessary to the use permitted in one (1) district shall not be permitted in a district of a higher classification.

The following shall be permitted as accessory uses customarily incident to uses permitted in District "A" through "R-4" and located on the same lot therewith.

Home occupations.

Definitions.

(1)

A home occupation is any business or commercial activity that is conducted or petitioned to be conducted as an accessory use from property that is zoned for residential use.

(2)

A home occupation permit is a permit issued for home occupation that is authorized by this Section.

Intent and purpose. The conduct of certain businesses in residential units may be permitted under the provision of this Section. It is the intent of this Section to:

(1)

Ensure the compatibility of home occupations with the residential neighborhood in which they are located;

(2)

Maintain and preserve the residential character of residential neighborhoods; and

(3)

Guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas.

Permitted home occupations. Permitted home occupations include the following:

(1)

Administrative office for realtors, insurance agents, brokers, sales representatives and manufacturing representatives when no exchange of tangible goods is made on the premises.

(2)

Artists, musicians and authors.

(3)

Catering, subject to applicable Jackson County Health Department regulations.

(4)

Day care (four (4) children or less).

(5)

Dressmaking, sewing and tailoring.

(6)

Home crafts (kilns must be less than six (6) cubic feet).

(7)

Tutoring and instructional services.

(8)

Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professionals.

(9)

Watch, clock and jewelry repair services.

(10)

Radio, television, computer and small appliance repair services.

(11)

Other home occupations that meet the criteria and conditions contained herein, subject to approval by the Board of Aldermen as set forth in Subsection (C)(1)(e)(2) below.

Home occupation criteria and conditions. All home occupations shall conform to the following standards:

(1)

The use shall be conducted entirely within a dwelling and shall be clearly incidental to the use of the structure as a dwelling. No more than one (1) room of the dwelling may be used for the home occupation. No more than one (1) home occupation shall be permitted within any single-dwelling unit.

(2)

There shall be no outside operations, storage or display of materials or products. The residential appearance of the dwelling shall not be changed by alterations or additions for business or commercial uses.

(3)

The use of mechanical equipment other than is usual for purely domestic or office (computer, adding machine, etc.) purposes is prohibited. No highly explosive or combustible material shall be used or stored on the premises. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any noise, vibration, smoke, dust, odors, heat or glare of a degree generally not present in a residential neighborhood.

(4)

No person other than a resident of the dwelling unit may be engaged or employed in the home occupation and the number of residents engaged or employed on the premises in the home occupation shall not exceed two (2).

(5)

The operation of any wholesale, retail or rental business is prohibited, unless it is conducted entirely by mail and does not involve the shipment and resale of merchandise on the premises.

(6)

There shall be no regular and steady visitation or concentrated coming and going of clients or off-site employees to or from the premises. Customers are limited to no more than five (5) per day and are limited to the hours of 8:00 A.M. to 5:00 P.M. Day cares shall be limited to four (4) children per day and are limited to the hours of 6:00 A.M. to 6:00 P.M. Tutoring and instructional services shall be limited to the hours of 8:00 A.M. to 9:00 P.M., are limited to three (3) pupils at one time and no more than twelve (12) pupils per day.

(7)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one (1) vehicle not to exceed one (1) ton owned by the resident of the dwelling, which shall be parked in an adequate off-street parking area.

(8)

An application that is appealed to the Board of Aldermen shall be subject to any additional terms and conditions that the Board of Aldermen considers necessary to assure the home occupation is compatible with the residential character of the neighborhood.

(9)

No signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the front yard of a residence.

(10)

Automobile and other motor vehicle or small engine repair services are not permitted as home occupations.

(11)

Offices for health care professionals are not permitted as home occupations.

(12)

Barber and beauty shops are not permitted as home occupations.

Application for permits.

(1)

Occupation license. An occupational license is required for all home occupations.

(2)

Appeal procedure. If it is determined by the City that an application is not specifically allowed or does not appear to meet the criteria of this Section, issuance of the permit shall be considered by the Board of Aldermen following a public hearing prescribed by law. Appeals shall be filed with the Planning Officer, together with a filing fee payable to the City. The amount of such filing fee shall be determined in accordance with a schedule of fees and charges adopted by the Board of Aldermen. No portion of the filing fee shall be refunded to the applicant. Any expenditures in excess of the filing fee, incurred by the Planning and Zoning Commission and Board of Aldermen that are necessary and incident to the processing of the application, shall be billed to the applicant. The appeal shall be forwarded to the Planning and Zoning Commission for a public hearing, which shall make a recommendation to the Board of Aldermen.

Terms.

(1)

Occupational licenses are required for all home occupations. All home occupation permits shall expire at the same time an occupation license is renewable (yearly) and shall be renewable without additional hearings, provided no complaints regarding the business have been received by the City, subject to the provisions of this Section, and:

(a)

Conditions placed upon the permit by the Board of Aldermen; and

(b)

Inspection of the premises by a representative of the City.

(2)

In the event the City determines that the permit should not be renewed, the permit holder may appeal the matter directly to the Board of Aldermen, which shall consider the matter after public hearing.

Existing home occupations.

(1)

A non-conforming home occupation which was lawfully established and in operation prior to the adoption of this Chapter may be continued indefinitely, provided:

(a)

The occupation must be conducted entirely within the dwelling or integral part thereof.

(b)

The occupation must be clearly incidental and secondary to the residential use of the dwelling.

(c)

The residential appearance of the dwelling shall not be changed by alteration or additions for business or commercial uses.

(d)

(e)

No stock in trade (except articles produced by the members of the immediate family occupying the dwelling) shall be displayed or sold upon the premises.

(f)

No signage or other forms of advertising pertaining to the home occupation may be placed or painted onto the exterior of the residence or in the front yard of the residence.

(g)

No outdoor storage of any kind related to the home occupation is permitted.

(h)

All vehicles visiting the residence during the hours of operation shall be parked in off-street parking areas or parallel parked conveniently on the street in front of the dwelling.

(i)

There shall be no concentrated coming and going of off-site employees to or from the premises.

(j)

The level of service or number of customers of the home occupation shall not exceed the level of service or number of customers established prior to the adoption of this Chapter.

(2)

If a non-conforming home occupation license holder dies or moves to a new location, the existing permit shall be automatically terminated.

(3)

If a non-conforming home occupation license holder fails to renew his/her occupational license yearly, the home occupation shall thereafter conform to the standards established under Subparagraph (c), (Permitted home occupations) and Subparagraph (d), (Home occupation criteria and conditions).

Enforcement and revocation.

(1)

The following shall be considered as grounds for revocation of a home occupation permit:

(a)

Any change in use or any change in extent of use that is different from that specified in the applicable criteria of this Section or from that specified in the conditions placed upon the permit by the Board of Aldermen.

(b)

Failure to allow periodic inspections by representatives of the City at any reasonable time when an adult member of the family is present.

(c)

Failure to apply for renewal within thirty (30) days of the due date of the business license renewal.

(2)

Home occupation permits, once granted, may be revoked by the Board of Aldermen for cause after hearing before the Board of Aldermen. Complaints seeking the revocation of such permit shall be filed with the Planning Officer and may be initiated by any three (3) residents of the block (both sides of the block where the home occupation is being conducted). Revocation proceedings shall be held by the Board of Aldermen, which shall make a determination following a public hearing on the matter.

(3)

An act of revocation by the Board of Aldermen is not exclusive and the City retains the right to pursue Municipal Court action and other court proceedings to enforce this Section.

General provisions. Should a home occupation permit holder die or move to a new location, the existing permit shall be automatically terminated, except that, in the case of death, should a surviving spouse or child residing at the same address wish to continue the home occupation under the same terms and conditions as herein set forth and as contained in the permit, written notice to that effect shall be given to the Planning Officer.

Garages and accessory buildings.

In Districts "R-1", "R-1A", "R-1B", "R-1C" and "R-2", a detached garage, not exceeding twenty (20) feet or two (2) stories in height or in any case not higher than the main building, may occupy not more than thirty percent (30%) of a rear yard and not more than one thousand (1,000) square feet, whichever is smaller, and one (1) detached accessory storage building not in excess of two hundred fifty (250) square feet in area constructed in connection with the residential use of a property. In "A" District, detached garages and agricultural accessory buildings are limited to thirty percent (30%) of the area of the rear yard. In no case shall a detached garage or accessory building be located closer to the front of the lot than the front of the house or, in the case of corner lots, no closer than the required building setback lines for the zoning district.

A garage or accessory building may be built not less than five (5) feet from a side lot line and not less that five (5) feet from the rear property line. Accessory buildings may not be placed on utility easements.

With the exception of "M-1" or "M-2" Zoning Districts, inoperative vehicles may not be stored or repaired (other than in enclosed garages) on the premises.

A private stable will be allowed on a lot having an area of more than one (1) acre, provided that it is located not less than one hundred (100) feet from the front lot line nor less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each forty thousand (40,000) square feet of lot area; provided however, that where any such stable exists and/or animals as herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all State, County and municipal sanitary and health regulations regarding same.

Temporary real estate sales offices, located on property being sold and limited to period of sale, but not exceeding two (2) years without special permit from the Board of Aldermen.

When swimming pools, meeting rooms or shelter houses are constructed in parks or playgrounds, public or private, adequate off-street parking shall be provided with landscaping and screening as required in Section 400.280. Lighting shall be so arranged as to reflect away from adjoining residential properties.

Pools, saunas and jacuzzis having a depth of two (2) feet or more, provided the following conditions are met:

[Ord. No. 2506, 6-8-2020]

Below-grade pools, saunas and jacuzzis.

(1)

Below-grade uses and associated above-grade appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side property line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a front or street side property line and at least twenty (20) feet from a principal building on an adjoining lot.

(2)

The area in which the below-grade use is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least forty-eight (48) inches in height, measured from grade with open spaces between members not exceeding four (4) inches. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices. Refer to the latest adopted edition of the International Residential Code for additional regulations and standards.

Above-grade pools, saunas and jacuzzis.

(1)

Above-grade uses and associated appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a street side property line and at least twenty (20) feet from a principal building on an adjoining lot.

(2)

The area in which the above-grade use is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure at least forty-eight (48) inches in height, measured from grade with open spaces between members not exceeding four (4) inches. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices. Refer to the latest adopted edition of the International Residential Code for additional regulations and standards.

Exception: The above separate protective fence or other permanent structure need only be required around the area providing access to the swimming pool, sauna or jacuzzi when decking and railing, a minimum of at least forty-eight (48) inches in height, measured from the exterior grade, meeting the guardrail requirements of the Building Code, totally surrounds the swimming pool, sauna or jacuzzi.

Adequate drainage facilities shall be provided for which the plans and specifications shall be approved by the Building Inspector.

All pools, saunas and jacuzzis shall comply with other applicable Building and Electrical Code regulations.

Temporary recycling drives. Occasional, temporary recycling drives sponsored by schools, churches or non-profit community groups shall be allowed as an accessory use in all zoning districts, provided:

Containers are located on property in District "A" or Districts "C-1" through "M-2", inclusive, or church or school grounds;

Containers shall not remain at the location for a period of more fourteen (14) continuous days;

Such drives are not conduced at the same location more than four (4) times within a twelve (12) month period of time;

Activity is at least one hundred fifty (150) feet from any adjacent property zoned or used for residential purposes;

Reverse vending machines are not used; and

The temporary facility is maintained in a clean, litter-free condition on a daily basis.

Reverse vending machine. One (1) reverse vending machine is allowed by right in Districts "C-2" through "M-2", inclusive, provided the machine:

Does not obstruct required parking spaces;

Does not obstruct pedestrian or vehicular circulation;

Is maintained in a clean, litter-free condition on a daily basis;

Is illuminated to ensure comfortable and safe operation if operating hours are between dusk to dawn;

Is at least one hundred fifty (150) feet from any adjacent property zoned or used for residential purposes; and

Is located and/or soundproofed such that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.

Fences. Fences shall be constructed out of any of the following materials:

[Ord. No. 2506, 6-8-2020]

•	Wood or vinyl simulating wood;
•	Wrought iron or aluminum simulating wrought iron;
•	Masonry: stone, brick, concrete with stone or brick veneer, or precast concrete simulated stone or brick;
•	Composite or plastic; or
•	Chain link (in the rear and side yard only).
	•	The above fences are permitted in all zoning districts provided a building permit is obtained for a fee ( see fee schedule) and the following conditions are met:

No fence shall be constructed that will constitute a traffic hazard. (See Section 400.220(C).)

No fence shall be located in the required front yard, except split rail and picket (wood or vinyl simulating wood, composite or plastic) or wrought iron or aluminum simulating wrought iron, not to exceed four (4) feet in height and slats with a minimum of two-inch spacing.

A fence over (4) feet in height cannot extend in front of the front surface of the residence and cannot be located closer than eight (8) feet to a street right-of-way on a corner lot.

Fences shall be limited to the height of six (6) feet for side and rear yards in any zone, except "M-1" and "M-2" zoned areas which allow eight (8) foot fences. Fences over six (6) feet must meet the requirements of the Building Code.

All fences shall be constructed with a finished surface facing outward from the property. Any posts or support beams shall be inside the finished surface or designed to be an integral part of the finished surface.

Fences for security in non-residential districts or fences around recreation amenities such as tennis courts or pools may be exempt from the location, height and material standards by the Director of Community Development.

Any fence proposed across a drainage way or drainage easement shall require review and approval by the Director of Community Development.

Barbed wire and electric fences are not permitted except in agricultural zoning districts and as identified in this Section.

Barbed wire is permitted in "M-1" and "M-2" zoning districts only on brackets over six (6) feet fences, for security purposes.

The following uses are permitted as temporary uses for the time period specified and in the zoning district specified:

Christmas tree sales. Christmas tree sales are permitted in any commercial or industrial zoning district for a period not exceeding sixty (60) days prior to Christmas. Display must be on private property. Trees shall not be displayed within thirty (30) feet of the intersection of any two (2) streets.

Contractors' offices and equipment sheds and trailers which are accessory to a construction project are permitted during the duration of such project.

Real estate offices are permitted as an accessory incidental use for residential developments. The use is permitted within a model home or dwelling unit that is not occupied or in a temporary structure set up for a real estate office. Such temporary structure must comply with all setback requirements and provide paved off-street parking facilities. Such use may continue only until the sale of all properties within the development as long as the office is occupied and staffed a minimum of four (4) days per week.

Sales of farm produce grown on the premises is permitted in agricultural, commercial and industrial zoning districts.

Carnivals, circuses and fairs are permitted in commercial and industrial zoning districts for a time period not exceeding three (3) weeks.

Garage or yard sales are permitted in any zoning district provided that such use shall not accede three (3) consecutive days in duration nor shall it occur more than two (2) times in a year at any location.

Section 400.240 Conditional Uses.

[Ord. No. 1084 §280, 3-10-1997; Ord. No. 2067, 2-22-2010]

Any of the following uses may be allowed by special permission of the Board of Aldermen after recommendation from the Planning and Zoning Commission under the standard included herein and under such conditions as the Board of Aldermen may impose and after public hearing by the Planning and Zoning Commission and public hearing by the Board of Aldermen, provided that in the judgment of said Board such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter and shall comply with the height and area regulations of the district in which such use may be located and, providing further, that such permission shall be for a limited period of time, renewable by the Board of Aldermen upon expiration and subject to the rules and restrictions prescribed by the Board of Aldermen. Conditions may include, but shall not be limited to: requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for the installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications; regulation of vehicular ingress and egress and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; requirement for a sketch showing access, parking and building locations; and such other conditions as the Board of Aldermen may deem necessary to insure compatibility with surrounding uses and to preserve the public health, safety and welfare.

Specified uses.

Aviation fields, airports and heliports, including the sale of aviation fuel as an accessory use, under such restrictions as the Board of Aldermen may impose on land, buildings or structures, within an approach or transition plan or turning zone, as defined in Section 400.260, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards. Such uses are allowed only in Districts "A", "M-1" and "M-2"(heliports shall be allowed as an accessory use of a hospital), provided the following conditions are met:

(1)

Plans of any airport or heliport shall include all approach and departure paths as necessary to assure safe and adequate landing and take-off area and shall be supplemented by a favorable report by the local airport district office of the Federal Aviation Administration (FAA).

(2)

Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take-off areas by the general public.

(3)

Landing and take-off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.

Bookstores, adult. Adult bookstore, adult nightclub and adult motion picture theater, only in "C-1" and "C-2", provided that such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use, and further provided, that no more than two (2) of the uses regulated by Section 400.240(A)(1)(b) or Section 400.240(A)(1)(q) may be located within one thousand two hundred fifty (1,250) feet of each other. The one thousand two hundred fifty (1,250) foot restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission if the applicant can show the following and it is found that:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Chapter will be observed.

(2)

The proposed use will not enlarge or encourage the development of a "blighted" area as defined in Section 100.310, RSMo., 1969, as amended.

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

All applicable regulations of this Chapter will be observed.

Cemeteries, burial grounds, graveyards, mausoleums or crematories, provided that all applicable State regulations are met.

Clubhouses, country club and golf course, subject to meeting all the conditions and restrictions set forth below:

(1)

The property shall be at least four (4) acres in size.

(2)

The property shall have direct access to a primary or secondary major thoroughfare or marginal access street or the club property, when in connection with a subdivision plan or an overall plan for community development, may be located on a minor street or streets having a minimum right-of-way width of sixty (60) feet and a minimum pavement width of thirty-six (36) feet between the club site and a primary or secondary major thoroughfare or marginal access street.

(3)

The front, side and rear yard 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.

(4)

Off-street parking shall be provided on the basis of one (1) space for every two (2) members.

(5)

Vehicular access shall only be from a major street or, when the club site is located on a minor street, vehicular access shall be only from a minor street having a minimum right-of-way of sixty (60) feet and a minimum pavement width of thirty-six (36) feet.

(6)

Parking areas shall be hard-surfaced and outdoor recreation facilities and parking areas shall be appropriately screened by landscaping or a wall where adjacent to adjoining residential property. Outdoor lighting shall be so designed as to reflect away from adjoining residential property. 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.

Day care center, if center is planned in a family home occupied by the day care provider. A day care facility in a family home which receives more than four (4) children for care for any part of the twenty-four (24) hour day is considered a center. The following requirements shall apply:

(1)

The permit shall be issued to a particular provider. A change in the day care provider shall require another public hearing.

(2)

All applicable State licensing requirements must be met. Proof of a current State license shall be required.

(3)

The primary use of the home shall be residential.

Golf driving range, commercial or illuminated, in Districts "A", "C-3", "M-1", "M-2".

Miniature golf courses.

Group homes.

(1)

Group home facility as a residential facility for the care of individuals who, upon completion of a course of treatment in a facility which provides an extensive treatment program for individuals with disabling emotional disturbances, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living or for a group of developmentally disabled individuals only in Districts "A", "R-1", "R-1A", "R-1B", "R-1C", "R-2", "R-3" and "R-4". Group home facilities do not include any home in which eight (8) or fewer unrelated mentally retarded or physically handicapped persons reside (Section 89.020, RSMo.). A group home facility shall be subject to the following conditions and restrictions:

(a)

That the maximum number of persons in a facility shall not exceed ten (10) individuals and two (2) resident staff members.

(b)

That the facility shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.

(c)

That the parking shall be adequately paved and screened from adjoining properties.

(d)

That the facility shall be a secondary facility operated and maintained by a facility which provides intensive treatment for individuals with disabling emotional disturbances or a contract facility wherein the individuals remain under the jurisdiction of the County or the State or a facility operated for developmentally disabled.

(e)

That the property shall have a minimum lot area of ten thousand (10,000) square feet.

(f)

That there shall be a minimum building size of two hundred fifty (250) square feet per resident and resident staff.

(g)

That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use.

(h)

That the facility shall not be used as a residence for substance abusers or ex-offenders.

(i)

That at the time of original approval no facility shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day care home; provided however, that the Board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

(j)

That the residential character of the structure shall be maintained.

(k)

That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed facility and such facility will maintain the residential character of the neighborhood.

(l)

That the permit shall be limited to a two (2) year period but may be renewed by the Board after a public hearing; provided, that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet, and the facility has been maintained in accordance with the standards established in the Code of Ordinances.

(2)

Convalescent, nursing and old folks' homes in Districts "A", "R-1", "R-1A", "R-1B", "R-1C" and "R-2", subject to meeting the following conditions and restrictions:

(a)

The property shall have a minimum lot area of twenty thousand (20,000) square feet and shall have a minimum lot width of one hundred (100) feet.

(b)

Not less than five hundred (500) square feet of lot area is provided for each patient.

(c)

Side yards are at least one hundred percent (100%) greater than the side yard required in the district.

(d)

Off-street parking is provided for on the basis of one (1) space for each living unit; or, in the case of dormitory design, one (1) space for each four (4) beds and one (1) space for each employee.

(e)

The number of beds, if dormitory design, does 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 the number of living units does not exceed twice the number of dwelling units per square foot of lot area in the district in which the use is located.

(f)

A permit may be issued for a specified period, as well as for an unlimited time, at the request of the applicant and at the discretion of the Board. If the permit is for a specified period of time, the Board may renew the permit upon expiration.

Gun clubs, skeet or trap shoots and outdoor target or archery ranges for a period of two (2) years and renewable by the Board after a public hearing. Such use shall be located on land at least two (2) acres in size.

Halfway houses for parolees, prisoners or juvenile delinquents, provided the use is not within twelve hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use, subject to the following conditions:

(1)

One (1) parking space per every four (4) residents including staff residents.

(2)

Paving and screening of all parking area.

(3)

Minimum lot area of twenty-thousand (20,000) square feet.

(4)

No more than twelve (12) residents (including resident staff).

(5)

No exterior evidence of such use and no sign advertising such use.

(6)

There shall be a minimum building size of three hundred (300) square feet for each resident and resident staff.

(7)

At the time of original approval, no facility shall be located within twelve hundred fifty (1,250) feet of another such facility or a group home or a convalescent center or a children's nursery or boarding home or a group day care home; provided however, that the Board shall have the authority to waive this requirement if the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable manmade or natural barrier.

(8)

That the facility shall maintain the residential character of the structure.

Hospitals, substance abuse treatment facilities and mental health facilities, subject to such health and sanitation requirements as may be imposed by the Board of Aldermen or the health authorities of the City, County or State and provided there shall be at least three hundred (300) square feet of lot area for each patient or guest, with a minimum lot area of twenty thousand (20,000) square feet.

Industrial or commercial activities that use or produce materials that can be offensive or dangerous by nature, subject to "M-1" or "M-2" performance standards. Such activities shall include, but are not limited to:

(1)

Acid manufacture.

(2)

Cement, lime, gypsum or plaster of paris manufacture.

(3)

Distillation of bones.

(4)

Explosive manufacture, storage or use.

(5)

Fertilizer manufacture, storage or use.

(6)

Gas manufacture.

(7)

Garbage, offal or dead animal reduction or dumping.

(8)

Hides and skins (storage, curing and tanning).

(9)

Meat or fish packing or storage plants.

(10)

Meat processing.

(11)

Petroleum or its products (refining of).

(12)

Smelting of tin, copper, mine or iron ores.

(13)

Stockyards or slaughtering.

(14)

Tar distillation or manufacture.

(15)

Wholesale storage of Class I liquids, only in "M-1" and M-2.

(16)

Wood distillation plants (charcoal, tar, turpentine, etc.).

Landfills, sanitary and demolition, provided that all requirements of applicable State laws are met.

Maintenance storage facilities and equipment yards for equipment owned and used by a homeowners' association in upkeep of common areas.

Boat and recreational vehicle storage facilities, whether open yards or enclosed buildings, for use by members of a homeowners' association whose subdivision includes a lake within its platted boundaries. The facility is to be located on land owned by, leased by or under the control of the subdivision's homeowners' association. Approval is subject to the following restrictions:

(1)

Open yards are to be properly screened by means of a solid, sight-obscuring fence not less than six (6) feet in height. Screening directly adjacent to land zoned residential shall incorporate a row of evergreen trees spaced not less than fifteen (15) feet on center and located on the residential side of the screening fence.

(2)

All parking areas and access drives shall be paved in accordance with Section 400.290(A)(5)(a).

(3)

The requirements of the additional controls ordinance shall apply to all applicable buildings as stated within Section 400.220.

Massage establishments, bathhouses, modeling studios, body painting studios and escort service or bureau or dating service or bureau, provided such use not be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital or area zoned for residential use and, further provided, that no such use be located within one thousand two hundred fifty (1,250) feet of any two (2) other uses regulated by Section 400.240(A)(1)(b) or 400.240(A)(1)(q). The one thousand two hundred and fifty (1,250) foot restrictions between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning Commission if applicant can show the following and it is found that:

(1)

The proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Chapter will be observed.

(2)

The proposed use will not enlarge or encourage the development of a "blighted" area as defined in Section 100.310, RSMo., 1969, as amended.

(3)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal.

(4)

All applicable regulations of this Chapter will be observed.

Mines, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; concrete batching plants, asphalt plants and related industries; provided however, that no permit shall be issued until and unless the location site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Planning and Zoning Commission and Board of Aldermen, which permit shall be for a limited period of time not to exceed ten (10) years, subject to regulations and restrictions prescribed by the Board of Aldermen.

(1)

Open face quarries, sand or gravel pits for the purpose of removing, screening, crushing, washing or storage of clay, stone, gravel or similar materials. Provision shall be made for the preservation or restoration of the ground surface and cover and such provision shall be shown on the plans submitted to the Board. Permit shall not exceed five (5) years but may be renewed by the Board after public hearing.

(2)

Underground mines or quarries or use of such underground mined-out areas for uses not otherwise permitted, provided the following conditions are met:

(a)

All surface access to such underground mine or quarry is from within Districts "M-1" and "M-2". All surface access to uses in any existing mined-out area is from within a district in which such use is permitted.

(b)

Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use.

(c)

No activities shall be conducted upon the surface of such mine.

(d)

Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four (4) sides to a height of at least eight (8) feet. No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area.

(e)

A plan of operation indicating the extent of the area proposed to be mined, accompanied by profiles describing any proposed subsequent use of the mined-out areas, shall be included with the site plan submitted to the Board.

Convenience storage only in Districts "C-3", "M-1" and "M-2". Landscaping/ screening, exterior architecture and lighting must be approved by the Board of Aldermen.

Nurseries, garden centers and greenhouses (retail and/or wholesale) or other retail or wholesale suppliers of fertilizer or manure products.

Wells, storage tanks, tank batteries and cleansers and separators for oil and gas production, provided that all Missouri State Statutes and all regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency shall be followed and, provided further, that all State permits shall be obtained prior to application for a special class permit.

(1)

Gas and oil drilling in any district, subject to the following conditions and restrictions:

(a)

Any oil or gas well within one hundred fifty (150) feet of a residential district shall be visually screened.

(b)

Any storage tank shall be located at least one hundred fifty (150) feet from the property line.

(c)

Any oil or gas well shall be removed after one hundred eighty (180) days of non-production, as determined by production records.

Penal or correctional institutions.

Processing or disposal plants, sewage or garbage, provided that all applicable State laws are met.

Swimming pools, commercial.

Radio and television stations, microwave towers, commercial broadcast towers and repeating towers, subject to the following conditions and requirements:

(1)

The tower design shall be certified by a registered professional engineer and shall meet the most recent engineering standards for wind loading and tower strength.

(2)

All applicable Federal regulations must be observed.

(3)

The tower must be one-half (½) its height from all property lines.

Recreational areas, commercial.

(1)

Amusement parks, baseball or athletic fields, race tracks or fairgrounds and incidental concession facilities, subject to the following conditions:

(a)

The facilities and grounds shall be a sufficient distance from any area zoned residential so that noise, traffic generation and other effects will not be adverse to the residential neighborhood. Where the property adjoins the aforesaid zoning districts, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such common boundary unless topography or other factors justify a lesser setback.

(b)

Plans for shrubbery, landscaping and fencing shall be presented to the Board and made a part of the permit.

(c)

Sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at the property line.

(d)

Outdoor lighting shall be so designed as to reflect away from adjoining residential-zoned property.

(e)

Access to the property shall be directly from major streets (primary and secondary arterials).

(f)

Parking space for patrons and employees shall be provided on site equal to one (1) space for each five hundred (500) square feet of total site area exclusive of setback and parking areas or one (1) space for each four (4) persons based on the anticipated capacity, whichever is greater. The foregoing are minimum standards for parking; the Board may require additional parking if review of the proposed operation so indicates.

(g)

A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the Board may renew the permit upon expiration.

(2)

Picnic groves; fishing, recreation or swimming lakes; and pergolas, including concession facilities for patrons thereof.

Equipment rental businesses that require outdoor storage.

aa.

Reservoirs, wells, towers, filter beds or water supply plants, provided that all Missouri State Statutes and all regulations of the Missouri Department of Natural Resources and the Environmental Protection Agency be followed.

ab.

Salvage yards, scrap yards, junk yards, automobile wrecking yard and similar operations, provided that operations are shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight-obscuring eight (8) foot high fence in good repair and two (2) rows of alternate planted evergreen trees for screening purpose.

ac.

Drive-in theaters.

ad.

Toxic waste or hazardous materials disposal sites, subject to "M-1" and "M-2" performance standards and all applicable Federal, State and City regulations.

ae.

Travel trailer camps, subject to the following conditions:

(1)

The site selected for travel trailer camp areas shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road on which it has frontage.

(2)

Minimum tract size shall be five (5) acres and be in one (1) ownership.

(3)

The maximum number of travel trailer spaces allowed within the permitted districts shall not be more than twenty (20) per acre. Consideration shall be given to whether the camp and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type camp located at or near a scenic, historical or outdoor recreational area provides for longer and extended stays of several days or weeks.

(4)

Minimum width of a trailer space shall be twenty-five (25) feet and it shall be so designed to provide space for parking both the trailer and towing vehicle off the roadway. No trailer unit shall be closer than ten (10) feet to any other adjacent unit, structure or roadway and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty (30) feet to any of the development property lines and shall be permanently maintained as a sodded and/or landscaped area.

(5)

The minimum open area required for a common use of the trailer camp shall be not less than ten percent (10%) of the gross area of the camp. Common open space shall be calculated as any open unoccupied area remaining after the dwelling spaces, buildings, roadways or streets, parking areas and the ten (10) foot permanent perimeter areas have been deducted. This open space shall be sodded and/or landscaped or otherwise designed and made available for recreational use.

(6)

A central office or convenience establishment with an attendant shall be provided within the trailer camp to register guests and provide service and supervision to the camp.

(7)

The applicant for a travel trailer camp shall submit a development plan for approval. Such plan shall contain the information as required below and any other information the City reasonably shall deem necessary to fully evaluate the proposed development.

(a)

Existing condition map showing:

(i)

Legal description of proposed property.

(ii)

Location drawing showing the existing development within one-half (½) mile radius of the proposed location.

(iii)

Existing site plan indicating the size of site, topography (not greater than five (5) foot contour intervals), right-of-way or easement locations, size and identification (water, gas, power, telephone, storm and sanitary sewer); existing structures; tree masses; drainage ways and any other unusual land forms or features.

(iv)

Date prepared, scale and north point.

(b)

Proposed development plans showing:

(i)

General layout of development with dimension sizes, number of spaces and related sanitation accommodation.

(ii)

Parking area location, sizes and capacity.

(iii)

Ingress and egress points for the project.

(iv)

Use of structures.

(v)

General layout of typical travel trailer space showing size of space and proposed improvements.

(vi)

General layout of the required common open space development indicating location of recreational areas and accessory convenience establishment.

(vii)

Location of permanent open space to be retained.

(viii)

Layout of roadway within the camp.

(ix)

Net density of proposed project, expressed in terms of units per acre.

(x)

General landscaping plan indicating all new and retained plant material to be incorporated within the new development and a layout of outdoor lighting system.

(xi)

Plan and method of sewage disposal and water supply.

(xii)

Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas.

(xiii)

The development shall provide a general refuse storage area or areas which shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

(8)

The travel trailer camps shall be planned and constructed in accordance with the minimum standards as established in this Section and as outlined below:

(a)

All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material.

(b)

All camps shall be provided with general outdoor lighting with a minimum of three-tenths (0.3) foot-candles of general illumination.

(c)

All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained.

af.

Newspaper, newsprint or book publishing plants under the following restrictions:

(1)

Construction of the building which encloses the printing presses shall be of masonry construction with penetrations occurring only to meet requirements of the Uniform Building Code as adopted by the City.

(2)

Adjacent to properties zoned or used for agricultural or residential purposes, the abutting side and/or rear yard shall be at least fifty (50) feet in width.

(a)

A solid masonry wall shall be constructed at the property line between the commercial and agricultural or residential uses.

(b)

The side or rear yard shall not be used for parking lots or loading zones.

ag.

Recycling facilities.

(1)

Definitions.

(a)

Recycling facilities. Facilities that accept recyclable materials.

(b)

Reverse vending machine. Reverse vending machines are mechanical devices that accept one (1) or more types of empty beverage containers and issue a cash refund or redeemable coupon.

(c)

Recycling collection facility. A recycling collection facility is a facility for the deposit or drop-off of recyclable materials. A recycling collection facility is not a salvage yard. Such a facility does not do processing except limited baling, batching and sorting of materials. It is designed to allow for a combination of bins, boxes, trailers, reverse vending machines and other containers for the collection of recyclable materials.

(d)

Recycling processing facility. A processing facility receives material from the public and/or other recycling facilities and uses power-driven machinery to prepare materials for efficient shipment by such means as flattening, sorting, compacting, baling, shredding, grinding and crushing.

(e)

Recyclable material. Recyclable material is "feedstock" used for direct conversion to manufactured products. It includes, but is not limited to: cans, bottles, plastic and paper. Items composed of more than one (1) material, such as salvaged vehicular parts, are generally not considered a recyclable material.

(2)

Applicability.

(a)

A conditional use permit for a recycling collection facility may be approved in a residential zoning district, provided:

(i)

The facility is located on the grounds of a church or school; and

(ii)

The conditions specified in Section 400.240(A)(1)(ag)(3) are met.

(b)

A conditional use permit for a recycling collection facility may be approved in District "A" and Districts "C-1" through "C-3" or any publicly owned property, inclusive, provided the conditions specified in Section 400.240(A)(1)(ag)(3) are met.

(c)

This Section does not apply to the following facilities:

(i)

Temporary recycling drives (see Section 400.230(C)(7));

(ii)

One (1) reverse vending machine (See Section 400.230(C)(8)); and

(iii)

Recycling processing facilities. A processing facility is considered a salvage yard and is subject to special use permit approval as required in Section 400.240(A)(1)(ad).

(d)

A recycling collection facility is allowed by right in Districts "M-1" and "M-2".

(3)

Conditions of a conditional use permit approval.

(a)

The days and hours of operation are approved by the Board of Aldermen;

(b)

A site plan is submitted showing traffic circulation on the site and showing how the sign, lighting, landscaping and fencing requirements of the Zoning Ordinance will be met;

(c)

Materials are not stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces;

(d)

Storage of materials is not allowed outside of the semi-trailers, bins, barrels or other appropriate containers;

(e)

Containers are painted and well-maintained;

(f)

The site is kept clean and free of litter and debris and weeds are controlled;

(g)

Rodents and other pests are controlled;

(h)

Activity is at least one hundred fifty (150) feet from other property zoned or used for residential purposes; and

(i)

Reverse vending machines are located and/or soundproofed such that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.

ah.

Temporary structures or buildings for commercial, industrial or institutional uses.

ai.

Kennels, only in "A" and "M" Districts.

aj.

Short-term loan establishments and title loan establishments subject to the following conditions.

[Ord. No. 2370 §2, 10-26-2015]

(1)

No short-term loan establishment or title loan establishment shall be established within one thousand two hundred fifty (1,250) feet of any church, school, day care facility, public building, public park, hospital, cocktail lounge, restaurant where alcoholic beverages are sold for consumption on the premises, stores engaged in liquor sales, adult book stores, adult motion picture theaters, adult night clubs, or areas zoned for residential use.

(2)

No short-term loan establishment or title loan establishment shall be established within two thousand five hundred (2,500) feet of the boundary of the City.

(3)

No short-term loan establishment or title loan establishment shall be established within one thousand two hundred fifty (1,250) feet of any other short-term loan establishment or title loan establishment.

(4)

The separation distances provided herein shall be measured from or to the outer wall of the short-term loan establishment or title loan establishment, and from or to the property line of the property containing the church, school, day care facility, public building, public park, hospital, cocktail lounge, restaurant where alcoholic beverages are sold for consumption on the premises, store engaged in liquor sales, adult book store, adult motion picture theater, adult night club, or area zoned for residential use.

(5)

No conditional use permit for a short-term loan establishment or title loan establishment shall exceed three (3) years in duration.

(6)

No conditional use permit for a short-term loan establishment or title loan establishment shall be renewed if such short-term loan establishment or title loan establishment does not meet the criteria of this Section at the time of renewal.

(7)

Conditional use permits for short-term loan establishment or title loan establishment shall only be granted for areas zoned "C-1" or "C-2," and short-term loan establishment or title loan establishment shall comply with all restrictions of the zoning district where they are situated.

(8)

Nonconforming uses. In accordance with Section 400.270, any short-term loan establishment or title loan establishment that lawfully exists on the date this Subsection is enacted, which would not otherwise be permitted under this Subsection, may be continued as a legal nonconforming use in the same manner as existed before the effective date of this Subsection.

ak.

Medical Marijuana Facilities. See Chapter 425.

[Ord. No. 2476, 9-23-2019]

Any use or operation permitted within this Section and operating at the time of the passage of this Chapter shall be deemed zoned under conditional uses, with permissive use granted until such time as the then existing special use permit expires. As of the effective date of this Chapter, existing permits shall be subject to the provisions for transferability as expressed in this Chapter.

Vesting of rights.

The mere issuance of a conditional use permit gives no vested rights to the permit holder.

A right to continue a specially permitted use shall vest only if the project is constructed and the use is actually begun. Such right shall be subject to expiration and revocation under the terms of this Chapter.

Transferability of permits.

A conditional use permit may be conveyed with the land only if a right to continue the use has vested under the terms of Section 400.240(A)(3). The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.

A permit cannot be assigned or transferred to a different parcel of land.

A permit holder may apply to the Planning Officer for a determination of whether a right to continue the use has vested under the terms of Section 400.240(A)(3) of this Chapter. Such application shall be made in accordance with procedures established by the Planning Officer.

Every entity attempting to convey a conditional use permit shall give notice in writing to the Planning Officer within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of a invalid transfer.

Lapse of permits. A conditional use permit in which no vested right has been established shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the Planning Officer may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.

Expiration of permits. A conditional use permit shall be valid for a limited period of time to be specified in the terms of the permit. A permit may be renewed upon application to the Board of Aldermen, subject to the same procedures, standards and conditions as an original application.

Revocation of permits.

Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:

(1)

Non-compliance with any applicable requirement as set forth in Section 400.240(A)(1).

(2)

Non-compliance with any special conditions imposed at the time of approval of the conditional use permit.

(3)

Violation of any provisions of the Code of Ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder or tenants.

(4)

Violation of any other applicable provisions of the Code of Ordinances or any State or Federal law or regulation by the permit holder, agents of the permit holder or tenants, provided that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications such persons to engage in the permitted use.

(5)

Attempted transfer of a permit in violation of Section 400.240(A)(4) of this Chapter.

(6)

Revocation is necessary to preserve the public health, safety and welfare.

Procedure for revocation.

(1)

Revocation proceedings may be initiated by the Board of Aldermen.

(2)

Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.

(3)

The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.

(4)

The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.

(5)

No conditional use permit shall be revoked unless a majority of the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.

Section 400.250 Setback Regulations.

[Ord. No. 1084 §290, 3-10-1997; Ord. No. 2067, 2-22-2010]

In all districts conforming structures or land uses, hereafter permitted, must show on plot plans submitted with applications for building permits. Construction shall not be allowed unless compliance is shown with the following requirements adjacent to U.S. Highway 40, I-70, AA Highway and Buckner Tarsney Road (Main Street).

Where dual-lane divided highways are involved, a minimum building setback distance of sixty (60) feet from the nearest edge of the main pavement shall be maintained.

Where single-lane non-divided pavements are involved, a minimum building setback distance of sixty (60) feet from the center of the right-of-way shall be maintained.

Where service road facilities on controlled or limited access pavements are involved, a minimum building setback distance of thirty (30) feet from the property line shall be maintained.

All pumps and pump islands erected in connection with filling stations or businesses incidental thereto, including auto and machinery displays and all other uses of a temporary, movable nature, on any highway as recited above, shall be set back at least sixty (60) feet from the nearest edge of the highway or from the centerline of a service road.

No building, use or other obstruction to visibility shall be located in such a manner as to be hazardous to pedestrian, bicycle, vehicular, non-motorized or any other legal form of traffic.

Use of barriers and clearly defined driveways to prevent parking on highway shoulders or right-of-way and to prevent off-pavement traffic along shoulders, medial strips or between adjacent business establishments shall be maintained. Plot plans and proposed usage shall show ample off-the-highway parking facilities for residents, employees or customers. Parking areas shall allow ample turnaround space so vehicles need not back out onto the highway property. All access and egress to the highway must be in compliance with Missouri Highway Department regulations.

Lots with streets on more than one (1) side shall provide a minimum front yard setback as provided in the zoning district on all streets, except in the following cases:

Where no lots within the same block front on one (1) of the intersecting streets, the front yard setback requirement along such street may be reduced by five (5) feet, but not less than the platted setback. In "R-1", "R-1A", "R-1B", "R-1C" single-family zoned district, the setback may be reduced to fifteen (15) feet.

Buildings shall front on the street providing the required building setback.

Section 400.260 Height and Area Exceptions.

[Ord. No. 1084 §300, 3-10-1997; Ord. No. 2067, 2-22-2010]

The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, yards and other regulations and requirements in the foregoing Sections of this Chapter shall be subject to the following exceptions and additional regulations:

Height exceptions.

In any district, public or semi-public buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards the depth and width of which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Dwellings in Districts "A", "R-1", "R-1A", "R-1B", "R-1C" and "R-2" may be increased in height not exceeding ten (10) feet in addition to the limitation of two and one-half (2½) stories or thirty-five (35) feet, as prescribed in such districts, provided that two (2) side yards of not less than fifteen (15) feet in width each are provided. In no case shall such dwellings, however, exceed three (3) stories in height.

Parapet walls and false mansards shall not extend more than six (6) feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, gas tanks, grain elevators, stacks, storage towers, radio, television or microwave towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances.

On through lots one hundred twenty-five (125) feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations for the street permitting the greater height shall apply to a depth of not more than one hundred twenty-five (125) feet from the street.

The establishment of an airport or heliport within the City shall be in conformity with the regulations and procedures set forth by the Federal Aviation Agency as required by law and reviewed by the Zoning Commission.

Yard exceptions.

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of sills, belt courses, canopies, cornices, chimneys, buttresses, ornamental features and eaves; provided however, that none of the above projections shall extend into a court more than six (6) inches nor into a minimum yard more than thirty-six (36) inches; and provided further, that canopies or open porches having a roof area not exceeding sixty (60) square feet may project a minimum of six (6) feet into the required front or rear yard; open paved terraces may project not more than ten (10) feet into a front yard and existing open porches extending into the required yard shall not be enclosed.

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four (4) feet. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

A detached accessory building may be connected with the main building by a lightly constructed, 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 main building.

No rear yard shall be required in Districts "C-1" to "M-2", inclusive, on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

In computing the depth of a rear yard for any building where such yard abuts an alley, one-half (½) of such alley may be assumed to be a portion of the rear yard.

Condominium ownership shall not constitute violation of the lot and yard requirements of this Chapter.

On lots of irregular shape or when a residence is located at an angle to the rear property line, the required rear yard setback may be measured by averaging the area between the back of the residence and the rear property line. The area divided by the width of the residence must equal or exceed the required setback. However, in no case shall a residence be located less than twenty (20) feet perpendicular to a rear property line.

Section 400.270 Non-Conformities.

[Ord. No. 1084 §310, 3-10-2007; Ord. No. 1918 §1, 9-10-2007]

Purpose. Within the zoning districts established by this Municipal Code or previously existing regulation, there are lots, structures, uses and characteristics of uses that lawfully came into being prior to the effective date of this Municipal Code that would now be prohibited, regulated or restricted under the provisions of this Municipal Code and any subsequent amendment. It is the intent of this Section to recognize the legitimate interest of owners of lawful non-conformities by allowing these instances to continue, subject to any provisions contained herein. It is also recognized that non-conformities may adversely and substantially affect the development, maintenance, use and taxable value of other properties subject to the regulations of this Municipal Code. Therefore, it is necessary to provide regulations for the continuance of non-conformities, but to prohibit the re-establishment of certain non-conformities that have been discontinued.

Non-conforming uses. Uses legally established prior to October 10, 2007 that do not conform to the use regulations of the district in which the use is located shall be referred to as "non-conforming uses".

Non-conforming structures. Buildings and structures, excluding signs, legally established prior to October 10, 2007 that do not conform with the property development standards of the zoning district in which the use is located shall be referred to as "non-conforming structures".

Non-conforming signs. Signs legally established prior to October 10, 2007 that do not conform to the sign regulations of Section 400.300 shall be referred to as "non-conforming signs".

Policy. It is the general policy of the City to allow uses, structures or signs that lawfully came into existence and conform to then-applicable requirements but that do not conform to all of the requirements of this Municipal Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Municipal Code as is reasonably practicable, all subject to the limitations of this Section are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.

Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Section.

Determination Of Non-Conformity Status. The burden of establishing that non-conformity lawfully exists is the burden of the City.

Repairs And Maintenance. Repairs and maintenance required to keep non-conforming uses, non-conforming structures and signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Section or required by law or ordinance.

Change Of Tenancy Or Ownership. A change in tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the character or nature, extent or intensity of the non-conformity currently existing.

Section 400.271 Non-Conforming Uses.

[Ord. No. 1918 §1, 9-10-2007]

Non-conforming uses shall be subject to the following standards.

Enlargement. No non-conforming use shall be enlarged, expanded or extended so that it occupies a greater area of land or floor area than that which was occupied on October 10, 2007, and no additional accessory use, building or structure shall be established on the side of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of the building or accessory structure that was lawfully and manifestly designed or arranged for such use on October 10, 2007.

Relocation. No non-conforming use shall be relocated in whole or in part to any other portion of such lot or to another lot unless the use will be in conformance with the use regulations of the district into which it is relocated.

Discontinuance and abandonment. If a non-conforming use is discontinued or its normal operation is terminated for a period of twelve (12) months or more, the use of the building or premises shall thereafter conform to all regulations of the district in which it is located.

Damage or destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City and appealed to the Board of Adjustment with no appeal fees. When damage or destruction of a structure is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within nine (9) months and restoration is actually begun within twelve (12) months after the date of such partial destruction and is diligently pursued to completion.

Change in use. A non-conforming use may only be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use, if the Board of Zoning Adjustment makes the decision that the change would benefit the City as a whole. Once a non-conforming use is changed to a conforming use or a less intensive non-conforming use, it may not thereafter be changed back to a less conforming use than that to which it was changed.

Accessory uses. No use which is accessory to a principal non-conforming use shall continue to exist after such principal use ceases to exist.

Section 400.272 Non-Conforming Structures.

[Ord. No. 1918 §1, 9-10-2007]

All non-conforming structures shall be subject to the following standards.

Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The determination of whether a proposed expansion will increase the degree of non-conformity shall be made by City staff and appealed to the Board of Zoning Adjustment.

Damage or destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored except in full conformance with the regulations for the zoning district in which is located. In the event that any non-conforming structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained with nine (9) months, and restoration is begun within twelve (12) months after the date of such partial destruction and completion is diligently pursued. The determination of the reduced structural valuation shall be made by the City.

Relocation. Non-conforming structures shall not be moved unless the movement will bring the structure into compliance with all applicable zoning district regulations.

Section 400.273 Non-Conforming Signs.

[Ord. No. 1918 §1, 9-10-2007]

Policy. It is the policy of the City to encourage and, to the maximum extent practicable, require that all signs within the City be brought into compliance with the requirements of Section 400.300.

Non-Conforming Signs Protected. A sign which was lawfully in place prior to October 10, 2007, but does not comply with one (1) or more requirements of Section 400.300 may remain in use, subject to all other applicable requirements of this Municipal Code.

Signs Offered Additional Protection. Existing institutional bulletin boards and signs, building markers, directional signs, subdivision entrance signs and incidental signs shall not be affected by the other parts of this Section, except when said signs are removed, replaced or substantially altered, at which time they shall be brought into conformity with Section 400.300.

Limitations On Non-Conforming Signs.

Change of copy or the substitution of panels or faces to reflect a new use on non-conforming signs shall not be permitted. Repairs and maintenance of non-conforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted.

It shall be unlawful to enlarge, structurally alter or move off premises any existing sign, except in accordance with the provisions of Section 400.300.

Any non-conforming sign that ceases being used or leased for a continuous period of six (6) months shall not be reused for sign purposes until it is brought into full compliance with the standards of Section 400.300.

Any non-conforming sign pertaining to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Section 400.300.

When a building permit is issued for work on a building on a lot where such work enlarges the building floor area by more than twenty percent (20%) or involves work with a permitted value equal to one-half (½) or more of the taxable value of the building or structure located on the lot, any non-conforming signs on the property shall be brought into compliance with the provisions of Section 400.300 as part of the construction project with such work to be completed before permanent occupancy of the new or remodeled premises.

Any addition of new signage to a property should be offset by a proportionate reduction in the amount of non-conforming signage on the property. That is, if a new sign will account for ten percent (10%) of the permitted signage on the property, then the non-conforming signage on the property should be reduced by no less than ten percent (10%) at the time the new signage is installed.

Section 400.274 Other Non-Conformities.

[Ord. No. 1918 §1, 9-10-2007]

Applicability. The types of other non-conformities to which this Section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other non-conformities not involving zoning district use or property development standards.

Enlargement Or Change In Use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty percent (20%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Municipal Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Municipal Code.

Section 400.275 Non-Conformities by Public Action.

[Ord. No. 1918 §1, 9-10-2007]

When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Municipal Code without appeal to the Board of Zoning Adjustment.

Section 400.276 Public Uses.

[Ord. No. 1918 §1, 9-10-2007]

Public property, structures, signs and uses are not subject to non-conformity regulations.

Section 400.280 Landscaping and Screening.

[Ord. No. 1084 §330, 3-10-1997]

Purpose. The purpose of this Chapter is to improve the aesthetic qualities of the City and to protect and preserve the appearance, character and value of its neighborhoods.

Enforcement. This Chapter shall be a minimum standard and the regulations which are contained herein shall be enforced by the Planning Officer.

Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application.

GROUND COVER: A low growing plant, other than turf grass, which forms a continuous cover over the ground surface.

LANDSCAPE MATERIALS: Any combination of living plant materials and non-living materials such as rock, pebbles, sand, bark, pavers, earthen mounds, fencing, walls, fountains and other decorative materials.

LANDSCAPING: Landscaping shall consist of trees, shrubs, vines, turf, ground cover and other landscape materials which are utilized to enhance the aesthetic and functional qualities of a site.

PLANT MATERIALS: Living plants which include trees, shrubs, ground cover, turf and vines which are suitable for ornamental and/or functional use.

SCREEN: Screening shall consist of fencing constructed of cedar, redwood or other durable wood or masonry walls. For the purpose of this Chapter, a screen shall be opaque to a height of six (6) feet above the ground surface.

SHRUB: A self-supporting woody plant which normally reaches a height of less than fifteen (15) feet.

TREE: A self-supporting woody plant which normally reaches a height of at least fifteen (15) feet.

TURF: Ground cover composed of one (1) or more species of perennial grass which is grown as a permanent lawn.

VINE: A plant which is typically woody and climbs by supporting itself on some other plant or structure.

Landscaping And Screening Plan.

A landscaping and screening plan shall be required upon application for a building permit for new construction or structural alteration of buildings in all zoning districts excluding single- family and duplex structures. In cases where landscaping plan approval would cause harmful delay to the start of construction, the Building Official may issue footing and foundation permits for the project so that construction may proceed. Permits for construction beyond the footing and foundation shall not be issued until the landscaping plans have been submitted and approved. This Chapter shall not apply to structures for which landscaping and screening plans have previously been submitted and approved. Landscaping plans shall not be required for non-structural alterations or in the area designated "Downtown" in Section 400.290(C)(1). Except as noted herein, landscaping and screening plans shall be approved prior to the issuance of building permit.

A landscaping and screening plan shall be required for only that phase of development for which the building permit is being acquired.

The landscaping and screening plan shall include the following information:

Scale at one (1) inch equals twenty (20) feet to fifty (50) feet.

North reference.

The location and size of all utilities on the site.

The location of all existing and proposed parking areas.

The location of all existing and proposed buildings and structures.

The location, condition, size and quantity of all proposed landscape materials. Plant materials shall be identified by both common and botanical name.

The location, size and common name of all existing plan materials to be retained.

Plant species shall be shown on the plan by indicating their mature crown spread drawn to scale.

The location and common name of all twelve (12) inch diameter or larger (at four and one-half (4½) feet above ground) trees which are to be removed.

Minimum Standards For Landscaping.

The minimum landscaping requirements for all uses, including single-family and duplexes, shall be one (1) shade tree and one (1) ornamental tree per building lot. Said trees shall be planted on private property, not on public property. Said shade trees shall be a minimum of one and one-half (1½) inches in diameter. The minimum landscaping requirements for all uses, excluding single-family and duplex developments, shall be one (1) tree and two (2) shrubs per seven thousand five hundred (7,500) square feet of total lot area.

All portions of all sites including all landscaping strips, parkways and screening areas dedicated to the public not covered with paving or buildings shall be landscaped. Open areas not covered with other materials shall be covered with turf or ground cover. Ground cover shall be utilized on all slopes in excess of twenty-five percent (25%).

Landscaping of parking lot interiors, exclusive of automobile storage and sales lots, shall be required for lots which are more than one (1) aisle in width in all zoning districts. This requirement shall only apply to new construction. The trees and shrubs used to meet the requirements of Subsection (E)(1) above may not be counted toward this requirement.

The minimum requirement for parking lot interior landscaping shall be as follows: No less than two and one-half percent (2½%) of the total parking lot square footage shall be landscaped. The number of trees used in the parking lot interior shall be not less than one (1) for each two hundred (200) square feet, or portions thereof, of required parking lot interior landscaping.

Interior landscaped area shall be situated within the lot so as to be surrounded by parking lot pavement on at least three (3) sides.

Each landscaped area shall contain at least one (1) tree which is adaptable to the environment of parking areas and the remaining area shall be landscaped using shrubs, ground cover and other suitable landscape material.

Each landscaped area shall be separated from the pavement material by concrete curbing or by an integral concrete sidewalk and curb.

Minimum Standards For Screening.

For all buildings except single-family and two-family dwellings, all exterior trash storage containers shall be screened so that they are not visible from off the property. A permanent masonry or frame enclosure shall be provided for dumpsters and exterior trash storage containers. A detailed drawing of enclosure and screening methods to be used in connection with trash bins on the property shall be included on the landscape plan.

For all buildings, except residential structures, in Districts "C-1" through "M-2", including planned districts, a solid screen fence or wall shall be provided, not less than six (6) feet in height, along all side and rear property lines which are common to property zoned or used for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property.

Plant Materials.

The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this Chapter.

New Plant Materials*
small ornamental trees	6 — 8 feet	B & B (1)
shade trees	1 — 1½ inches	Caliper, B & B
evergreen trees	4 — 5 feet	B & B
medium to large shrubs	18 — 24 inches	B & B
dwarf to small shrubs	12 — 18 inches	B & B
ground cover	2½ inches	P.P. (2)

(1)

B & B = balled and burlapped; container grown stock may be used where appropriate.

(2)

P.P. = peat pot.

	*small trees	15 — 30 feet ultimate height
	medium trees	30 — 70 feet ultimate height
	large trees	over 70 feet ultimate height
	dwarf shrubs	less than 4 feet ultimate height
	small shrubs	4 — 6 feet ultimate height
	medium shrubs	7 — 10 feet ultimate height
	large shrubs	over 10 feet ultimate height

The American Standard for Nursery Stock, published by the American Association for Nurserymen, is hereby incorporated by reference for the determination of plant standards.

Existing trees which are to be retained to satisfy the requirements of this Chapter shall meet the following standards:

For shade trees, the diameter four and one-half (4½) feet above ground shall be at least one and one-half (1½) inches.

For ornamental trees, the height shall be at least eight (8) feet.

For evergreen trees, the height shall be at least six (6) feet.

Trees shall be free from mechanical injuries, insect infestations and disease.

Trees shall be protected from injury to roots, trunks and branches during grading and construction. Protective fencing, tree wells, and/or retaining walls shall be utilized where necessary to insure tree vigor upon completion of construction.

Approval Of Plans. In situations where the contractor or owner feels that he is unable to comply with these requirements, the Planning and Zoning Commission shall determine if the proposed landscaping and screening plans are adequate.

Installation Of Materials. Landscaping, as required by the provisions of this Chapter, shall be installed by the end of the first (1st) planting season following occupancy. For the purposes of this Chapter, there shall be two (2) planting seasons, which are from February fifteenth (15th) through May thirty-first (31st) and September fifteenth (15th) through November thirtieth (30th).

Maintenance.

The owner, tenant and their agent, if any, shall be jointly responsible for the maintenance of the landscaping and/or screening which shall be maintained in good condition. The plant materials shall be kept in a healthy, neat and orderly condition and shall be kept free from refuse and debris. Plants which are not in sound growing condition or are dead shall be removed and replaced with a plant of the same species, variety or cultivar.

Other landscape materials shall be maintained in proper repair and shall be kept clear of refuse and debris.

Obstruction Of Sight Distance At Intersections. Landscaping and/or screening materials shall not interfere with the line of sight between two and one-half (2½) feet and eight (8) feet above the curb at driveways or intersections. (See Section 400.220(C).)

Prohibited Plant Species. The following plants shall not be used to satisfy the requirements for new plant materials which are contained in this Section.

	American Elm, Ulmus americana.
	Bolleana Poplar, Populus alba "Pyramdalis".
	Boxelder Maple, Acer negundo.
	Catalpa, Catalpa species.
	Cottonwood, Populus deltoides.
	Ginkgo, female only, Ginkgo biloba.
	Honeylocust, except thornless varieties, Gleditsia triancanthos.
	Lombardy Poplar, Populus nigra "Italica".
	Mimosa, Albexia julibrissin.
	Osage-Orange, except thornless and seedless varieties, Malcura pomifera.
	Red Mulberry, female only, Morus rubra.
	Siberian Elm, Ulmus pumila.
	Silver Maple, Acer saccharinum.
	Silver Poplar, Populus alba "nivea".
	Tree of Heaven, Alanthus altissima.

Severability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter.

Violations and Penalties. Any violation hereof shall be punished in accordance with Section 400.400 of this Chapter.

Section 400.290 Off-Street Parking and Loading Regulations.

[Ord. No. 1084 §340, 3-10-1997; Ord. No. 1203 §1, 9-8-1998; Ord. No. 1241 §1, 1-11-1999; Ord. No. 1506, 7-8-2002; Ord. No. 1956, 3-10-2008]

Parking.

General statement.

The purpose of this Section is to provide minimum standards for off-street parking and loading in order to lessen congestion in the streets; to insure adequate access and parking facilities for users of buildings; and to safeguard life, health, property and public welfare.

For all buildings or structures hereafter constructed, reconstructed or expanded, off-street parking in the form of garages or areas made available exclusively for that purpose shall be provided. Such parking area shall be located entirely on private property, except the necessary drives may cross the right-of-way to connect the roadway with the parking area.

This issuance of a building permit shall require compliance with the parking area requirements as herein provided. Improvements of parking areas (as required in Subsection (A)(5) of this Section) shall apply upon the issuance of a building permit.

For the applicable regulations and definition of downtown area, see Section 400.290(C).

Schedule of off-street parking.

Minimum number required. Off-street parking shall be provided in the amount specified below for the following uses. In the case of a use which is not specifically mentioned, the off-street parking requirements for a similar use shall apply. Similarity shall be determined by the Planning Officer. These requirements shall apply to each type of use regardless of the zoning district.

USE			NUMBER OF PARKING SPACES	REQUIRED FOR EACH
1)	RESIDENTIAL
	a)	Single-family residences	2	Dwelling unit
	b)	Duplexes (1 — 2 bedroom)	2	Dwelling unit
		3 or more bedrooms	3	Dwelling unit
	c)	Multi-family residences
		Efficiency or studio	1	Dwelling unit
		1 — 2 bedroom	2	Dwelling unit
		3 or more bedrooms	3	Dwelling unit
	d)	Hotels & motels	1 Plus number required for restaurant, if any	Room
	e)	Fraternity & sorority houses	.5	Member
	f)	Dormitories	.5	Resident
2)	COMMERCIAL
	a)	Banks	5	1,000 sf of gfa
	b)	Offices	5.5	1,000 sf of gfa
	c)	Offices — medical & dental	1	Employee
			4	Doctor
	d)	Restaurant	1	3 seats
	e)	Bowling alley	5 Plus number required for restaurant, if any	Lane
	f)	Personal services	5	1,000 sf of gfa
	g)	Retail stores	5	1,000 sf of gfa
	h)	Service stations, gas stations, auto repair shop or garage	5	1,000 sf of gfa,with a min. requirement of 4 spaces regardless of size of building and 1 parking space for every service bay
3)	INDUSTRIAL — INCLUDING STORAGE, WHOLESALE AND MANUFACTURING
	a)	Brick or lumber yard or similar area	1	Employee, plus reqd. for retail & office space
	b)	Open storage of sand, gravel and petroleum	1	Employee, plus reqd. for retail & office space
	c)	Warehouse and enclosed storage — private	1	Employee
	d)	Warehouse and enclosed commercial	1	Employee, plus storage — 3,000 sf of gfa
	e)	Manufacturing operations — single shift	1	Employee, plus reqd. for retail & office space
	f)	Manufacturing operations — multi shift	1	Employee on largest shift plus employee second shift reqd. for retail and/or office space
4)	INSTITUTIONAL AND OTHER
	a)	Hospitals	1	2 beds, plus employee
	b)	Nursing homes	1	4 beds, plus employee
	c)	Auditoriums, churches, theaters, stadiums and other places of assembly	1	4 seats
	d)	Colleges	1	2 students, plus dorm requirement, if any
	e)	Senior high schools	1	Employee, plus 4 students
	f)	Elementary & junior high schools	1	Employee, plus classroom
	g)	Day care facilities	1	8 children, plus 1 employee
* Note: Abbreviations are as follows: SF — square feet, gfa — gross floor area

Method of computation.

(1)

Gross floor area (gfa) shall be determined by using the outside dimensions of the building for each floor. The only space which may be excluded is basement storage area.

(2)

Employees shall include all persons working or serving at a place of business, including the owner, manager, doctors, nurses, technicians, teachers, kitchen workers and all other employees.

(3)

The number of employees shall be based upon the total number of employees on duty at any one time, when the maximum functional use of the building or land is being made.

(4)

A multi-shift operation shall include businesses which have more than one (1) group of employees who are on duty for different periods of time.

(5)

Where more than one (1) type of use is located either in the same building or in separate buildings in close proximity, such that a single parking area will be serving those uses, the number of parking spaces provided shall be not less than the sum of the separate requirements for each use.

(6)

When determination of the number of off-street parking spaces required by the formulas result in the requirement of a fractional space, any fraction of one-half (½) or less may be disregarded, while a fraction in excess of one-half (½) shall be counted as one (1) parking space.

(7)

Member of a fraternity or sorority shall include pledges, actives and employees, whether living on the premises or not.

Joint use of parking facilities. Where more than one (1) type of use is located either in the same building or in separate buildings in close proximity, joint use of the same parking facilities will be allowed as follows:

Uses normally open or operated during daytime hours, including retail stores, personal service establishments (such as beauty shops and barber shops) and business service establishments (such as banks and offices) may share parking facilities with the following uses:

(1)

Churches which have activities only on weekends or evenings may share such parking facilities to the extent of one hundred percent (100%) of the parking spaces required.

(2)

Uses normally open or operated during evening or weekend hours, such as theaters, bowling alleys, dance halls, other places of amusement and restaurants may share such parking facilities to the extent of fifty percent (50%) of the parking spaces required.

A written agreement for the joint use of the off-street parking facilities shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and filed with the application for a building permit.

Dimensions of parking area.

Size of stalls. A required off-street parking space shall be a rectangle which is a minimum of nine (9) feet wide by nineteen (19) feet deep placed at the prescribed angle so that it lies between the curb and the aisle. Except that stalls fronting on curbs with grass adjacent may be reduced to eighteen (18) feet in length.

Aisle width. Aisles shall provide access to parking spaces and shall provide the necessary space for maneuvering into and out of each space. They may serve either double or single bays of parking. The width of aisles providing access and maneuvering space shall be as follows:

	Parking Angle	Stalls Serviced by Aisle	Traffic Flow	Aisle Width
1)	90°	One Side	One or Two Way	24 feet
2)	90°	Both Sides	Two Way	24 feet
3)	45°	One Side	One Way	16 feet
4)	60°	One Side	One Way	16 feet
5)	45°	Both Sides	One Way	16 feet
6)	60°	Both Sides	One Way	20 feet
7)	45°	Both Sides	Two Way	20 feet
8)	60°	Both Sides	Two Way	20 feet

Ingress and egress.

(1)

Ingress and egress shall be by means of paved driveways not exceeding thirty-five (35) feet in width for all residential and commercial zoned areas and fifty (50) feet for heavy and light industrial zoned lots at points of connection with public streets except as approved by the Missouri State Highway Department. The minimum width of driveways for ingress and egress shall be the same as those specified above for aisles. Driveway width, for the purpose of this Section, shall include only the pavement and not the curbs and gutters. The width for measuring purposes shall include the "wings" of the driveway.

(2)

The distance of a parking area entrance drive from the intersection of two (2) streets and the distance between curb cuts shall be based on the following street design standards. All measurements shall be taken from the right-of-way lines.

		Primary Arterial	Secondary Arterial	Collector	Local
	Intersection right-of-way to curb cut	150 feet	150 feet	100 feet	20 feet
	Between curb cut	200 feet	200 feet	50 feet	20 feet

Improvement of parking area.

Surfacing and curbing.

(1)

All off-street parking areas, access drives and parking lots for vehicle, trailer or boat sales or rental shall be improved with a permanent dust-free surface consisting of a minimum of a six (6) inch rolled stone base overlaid with a one and one-half (1½) inch asphalt surface or a four (4) inch asphalt base overlaid with a one and one-half (1½) inch asphalt surface or a minimum of four (4) inches of concrete.

(2)

All new construction in "R-1" and "R-2" zoning that is platted after the adoption of this Chapter shall have concrete drives and parking.

(3)

In Districts "M-1" an "M-2", one (1) of the above types of surface is required for customer, visitor and all other parking areas. Storage lots must be in accordance with Section 2202 of the 1997 American Public Works Association — untreated compacted aggregate. Gravel surface must be treated as needed to keep it dust free. Storage lots must be screened on all sides with a minimum of six (6) foot tall privacy fence.

(4)

All off-street parking areas and all access drives in commercial and industrial zoning districts shall have a boundary constructed of concrete curbing or an integral concrete sidewalk and curb with a vertical face.

Maintenance. Off-street parking areas shall be maintained in proper repair as required above.

Drainage facilities. For any use which will require a parking area to be newly constructed, added to or altered in such a way as to affect drainage either on or off the site, as determined by the City, stormwater drainage plans, including grading plans, shall be submitted to and approved by the City, prior to the issuance of a building permit.

Permit required. No person, firm or corporation shall initiate construction of a new parking lot or expansion of an existing parking lot without first obtaining a permit for such development from the City. Application for a permit shall be made upon the form provided and shall be accompanied by such information, plans and specifications as may be required. A permit shall not be required for resurfacing an existing parking area; and a permit shall not be required for customary driveways for single-family and duplex residential dwellings.

Time limit. All required off-street parking areas shall be ready for use, including the above surfacing requirement, before the issuance of an occupancy permit. An extension of time will be granted due to adverse weather conditions.

Setback requirements.

Off-street parking for single-family and duplex residential uses shall have no setback requirements.

Off-street parking for all other uses, including multi-family residential, commercial, industrial and institutional uses, shall have a setback requirement of ten (10) feet from the front property line. A five (5) foot side and rear setback shall be maintained for these uses if the lot abuts areas zoned for residential purposes.

The area between the property line and the parking setback line shall be used for landscaping and/or screening as required in Section 400.280, "Landscaping and Screening".

Location of parking areas. Off-street automobile parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be walking distance measured from the nearest point of the parking area to the nearest entrance of the building that the parking area is required to serve.

For one- and two-family dwellings — on the same lot the building they are required to serve.

For three- and four-family dwellings — on the same lot or parcel of land as the building they are required to serve. For the purpose of this requirement, a group of such uses constructed and maintained under single ownership or management that are contiguous shall be assumed to be on single lot or parcel of land.

For apartment houses containing four (4) or more dwelling units — on the same lot or parcel of land as the building they are required to serve or on a separate lot or parcel of land not more than three hundred (300) feet from the nearest entrance to the main building being served, provided the lot or parcel of land selected for the parking facilities is located in an apartment district or a less restricted district.

For churches, hospitals, sanitariums, homes for the aged, convalescent homes and other similar uses — the off-street parking facilities required shall be on the same lot or parcel of land as the main building or buildings being served or upon properties contiguous to that lot or parcel.

For uses other than those specified above, including commercial and industrial — off-street parking facilities shall be provided on the same lot or parcel of land as the main building being served or on a separate lot or parcel of land not more than five hundred (500) feet from any entrance to the main building, provided the separate lot or parcel of land intended for the parking facilities is located in the same district as the principal permitted use or in a less restricted district.

Screening of parking areas. See Section 400.280, "Landscaping and Screening".

Lighting of parking areas. Any lights used to illuminate the parking area shall be arranged, located or screened to direct light away from any adjoining residential use.

10.

Additional parking regulations.

Head-in parking. Head-in parking from any public right-of-way, which would allow traffic to back out directly into the public right-of-way, shall not be permitted. This paragraph shall not apply to single-family and duplex residential use.

Off-street parking, not required under this Section, but voluntarily provided, shall comply with all the requirements with regard to location and construction.

Required spaces shall not be used for storage and shall be kept available for their parking function.

No trucks, tractors or trailers, excluding recreational vehicles, in excess of one (1) ton capacity shall be parked in a residential zone, except for deliveries.

With the exception of Districts "M-1" and "M-2", inoperative vehicles may not be stored or repaired (other than in enclosed garages) on the premises.

Parking of automobiles, trucks, boats, trailers, recreational vehicles, lawnmowers, tractors or any other motorized vehicles is not permitted on unimproved surfaces in front and side areas of a property in commercial, industrial and residential areas under two (2) acres per parcel throughout the City.

Exception: Properties with existing gravel driveways and/or gravel parking areas in the side yard, provided they are properly maintained.

Loading. Any business or industrial building, hospital, institution or hotel hereafter constructed, reconstructed or expanded in any district shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.

Downtown.

Definition. For purposes of this Section, "downtown area" shall be defined as the area north of the railroad, south of Walnut Street, from Greg Street to the alley one-half (½) block east of Main Street.

Parking regulations.

The downtown area shall, for the purpose of this Section, be considered as a shopping center with all existing parking at the time of passage of this Chapter being considered as meeting the number of spaces required for all existing business and commercial operations in said downtown area.

The parking regulations contained in Section 400.290(A), shall, in the downtown area, apply only to new construction or building expansion. The calculation of additional parking spaces required shall be based on the table of requirements in Subsection (A)(2)(a) for the additional building area which is being constructed.

New construction or expansion of an existing building will have an effect on the total parking spaces available in the downtown area. After the passage of this Chapter, any parking spaces which are eliminated by new construction or expansion must be replaced by that business or use, unless such spaces are in excess of the requirements for that business or use being served and are in the same ownership.

Loading. In the downtown area, uses which are required to provide loading berths may have the option of applying for a permit for a curb loading zone.

Accessible Parking Spaces Requirements. When parking lots or parking garage facilities are provided, the number of accessible parking spaces shall be provided in accordance with Table 1 and the following provisions.

Location. Accessible parking spaces shall be located on the shortest possible accessible route of travel to an accessible building entrance. In facilities with multiple accessible building entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances. When practical, the accessible route of travel shall not cross lanes for vehicular traffic. When crossing vehicle traffic lanes is necessary, the route of travel shall be designated and marked as a crosswalk.

Design and construction. When accessible parking spaces are required by this Section, they shall be designed and constructed in accordance with the following dimensions:

A required accessible parking space shall be a rectangle which is a minimum of twelve (12) feet six (6) inches wide by twenty (20) feet deep placed at the prescribed angle so that it lies between the curb and the aisle;

A required accessible parking space shall be constructed to the required dimensions in Subsection (D)(2)(a) of this Section with an adjacent access aisle of not less than five (5) feet wide; or

Accessible parking spaces shall be located on a surface with a slope not exceeding one (1) vertical in fifty (50) horizontal.

Signs. Every parking space required by this Section shall be identified by a sign, mounted on a pole or other structure between three (3) feet and five (5) feet above the parking surface, at the head of the parking space. The sign shall be at least twelve (12) inches by eighteen (18) inches.

Method of computation. Accessible parking spaces shall be counted as part of the total minimum number of parking spaces required by Subsection (A)(2)(a) of this Section.

	TABLE 1 NUMBER OF ACCESSIBLE PARKING SPACES
	Total Parking Spaces Required in Lot	Minimum Number of Accessible Spaces Required
	1 — 25	1
	26 — 50	2
	51 — 75	3
	76 — 100	4
	101 — 150	5
	151 — 200	6
	201 — 300	7
	301 — 400	8
	401 — 500	9
	501 — 1,000	2% of total spaces
	Over 1,000	20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000

Section 400.300 Signs.

[Ord. No. 1084 §350, 3-10-1997; Ord. No. 1278 §F, 7-12-1999; Ord. No. 1524, 10-28-2002]

Purpose.

The purpose of this Section is to provide minimum standards to safeguard life, health, property, property values and public welfare by regulating and controlling the quality of materials, construction, installation and maintenance of signs in addition to the number, size, sign type and type of illumination of all on-site signs and off-site signs and sign structures located on private property.

The ban of all signs on utility poles, governmental signs, public rights-of-way and other public property is necessary to protect the safety of workmen who must scale utility poles, to eliminate traffic hazards, and to preserve the aesthetic appeal of the City by eliminating clutter and visual blight.

Definitions. For the purposes of this Section the following terms shall be deemed to have the meaning indicated below:

APPROVED COMBUSTIBLE MATERIAL: Wood, or materials not more combustible than wood, and approved combustible plastics.

APPROVED COMBUSTIBLE PLASTICS: Those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test for flammability of plastics over 0.050 inch in thickness (D635-44), burn no faster than two and one-half (2½) inches per minute in sheets of 0.060 inch thickness.

ATTENTION ATTRACTING DEVICE: Any flasher, blinker, animation, banner, clock or other object designed or intended to attract the attention of the public to an establishment or to a sign.

DETACHED SIGN: Any sign not attached to a building.

ILLUMINATED SIGNS

Semi-illuminated sign. Any sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light.

Indirectly illuminated sign. Any sign which is partially or completely illuminated at any time by an external light source which is so shielded as to not be visible at eye level.

Fully illuminated sign. Any sign which is illuminated by an external or internal light source which is visible.

INCIDENTAL SIGN: A sign which guides or directs pedestrian or vehicular traffic, or a sign in conjunction with a drive-thru window, which may be mounted on the ground on a building or in connection with a detached sign.

MARQUEE SIGN: Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the roof line.

MONUMENT SIGN: An identification sign which rises from the ground and generally has no clearance under it.

OFF-PREMISES SIGN: A sign, including billboards and poster panels, which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

ON-PREMISES SIGN: A sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

PORTABLE SIGN: A sign that is not permanently affixed to one (1) location and has the capability of being moved from one site to the next.

PROJECTING SIGN: Any sign extending more than one (1) foot from the face of the building to which it is attached or which extends more than one (1) foot above the roof line.

ROOF SIGN: A sign which extends above a roof or parapet wall of a building and which is wholly or partially supported by said roof.

SIGN: Any words, letters, numerals, figures, devices, designs or trademarks by which information is made known to the public.

SIGN AREA: The area of a sign set out in these regulations shall mean the area encompassed by the perimeter of the sign. The area of the sign shall be computed from the area enclosed by the perimeter upon which the letters, logo, etc., are placed, except that when individual letters, logo, etc., are mounted individually and directly upon a building surface without change in the color or appearance of the surface background, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc. Lettering may be placed on two (2) sides of a sign structure.

SNIPE SIGN: Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, tree, utility pole or temporary structure or any sign which is not securely fastened to a building or firmly anchored to the ground.

SUBDIVISION AMENITY SIGN: A sign directing traffic to amenities such as clubhouse or swimming pool within the subdivision.

SUBDIVISION ENTRANCE MARKER: A detached sign identifying the subdivision located at one (1) or more of the subdivision entrances.

TEMPORARY SIGN: A sign of cloth or other combustible material, with or without a frame, which is usually attached to the outside of a building on a wall or store front for a limited period of time, such as a banner or a sign which is not permanently attached to the ground, building or other load-bearing structure, such as a portable sign, balloon or animation.

UNDER CANOPY SIGN: A display attached to the underside of a marquee or canopy and protruding over public or private sidewalks or right-of-way.

WALL SIGN: A sign attached to or erected against an exterior wall of a building or structure, which projects not more than twelve (12) inches from a wall and presents only one (1) face with advertising copy to the public and does not extend above the roof line.

Sign Types Permitted — Zone Restrictions. Permitted signs in each zoning district are as follows:

District "A".

One (1) unilluminated sign not larger than thirty-two (32) square feet in area and not to exceed twenty (20) feet in height pertaining to the sale, lease or identification of the premises upon which it is located or to the sale of products raised thereon.

Not more than two (2) on-premises, unilluminated or indirectly-illuminated subdivision entrance markers per street with a maximum sign area of thirty-two (32) square feet and a maximum sign height of four (4) feet. When a structure is used to support a sign, total area and height of the structure shall not exceed forty-eight (48) square feet and six (6) feet, respectively. The structure of a subdivision entrance marker forms the outside shape and includes any frame, border or base that forms an integral part of the display.

One (1) unilluminated subdivision amenity sign shall be allowed within the subdivision; it shall not exceed sixteen (16) square feet in area and shall not exceed eight (8) feet in height.

Churches and other institutional uses may display one (1) unilluminated, semi-illuminated or indirectly-illuminated detached sign showing names, activities and services therein. The sign shall not exceed forty (40) square feet in area and shall have a setback of ten (10) feet from any property line.

Districts "R-1" and "R-2". Signs as permitted in Subsections (1)(c) and (1)(d) of District "A".

District "R-3" and "R-4".

Signs as permitted in Subsections (1)(c) and (1)(d) of District "A".

A multi-family development shall be permitted not more than one (1) unilluminated wall sign per building with a maximum sign area of twelve (12) square feet. In addition, a multi-family development shall be permitted one (1) unilluminated or indirectly-illuminated detached sign for each entrance of the development. Such sign shall not exceed eight (8) feet in height and thirty-two (32) square feet in area. Said sign shall be maintained on private property no closer than ten (10) feet to any property line.

Districts "RO" and "CB".

Each office building shall be permitted not more than two (2) unilluminated or semi-illuminated wall signs, provided such signs shall indicate only the name of the building or establishments housed therein. No such sign shall have an overall area exceeding five percent (5%) of the area of the wall upon which it is mounted.

In lieu of one (1) of the above wall signs, each office building shall be permitted one (1) detached sign, provided such sign shall indicate only the name of the building or establishments housed therein. Such sign shall not exceed eight (8) feet in height and ten (10) square feet in area and shall be set back ten (10) feet from each side property line and five (5) feet from the front property line.

Each establishment or firm housed within an office building is allowed one (1) unilluminated, semi-illuminated or indirectly-illuminated projecting, marquee or under canopy sign not exceeding three (3) square feet in area.

Not more than two (2) on-premises, unilluminated or indirectly-illuminated subdivision entrance markers per street with a maximum sign area of thirty-two (32) square feet and a maximum sign area height of four (4) feet. When a structure is used to support a sign, total area and height of the structure shall not exceed forty eight (48) square feet and six (6) feet, respectively. The structure of a subdivision entrance marker forms the outside shape and includes any frame, border or base that forms an integral part of the display.

Districts "C-1", "C-2", "C-3", "M-1" and "M-2". Unless otherwise provided, signs in these districts may be unilluminated, semi-illuminated or indirectly illuminated.

Each business or commercial establishment shall be permitted not more than three (3) wall or marquee signs provided the total area of signs on a facade shall not exceed ten percent (10%) of the total area of that facade.

In lieu of one (1) of the above wall or marquee signs, one (1) projecting sign or under canopy sign shall be permitted.

In lieu of one (1) of the above attached signs, one (1) detached sign shall be permitted for each freestanding commercial building. It shall be set back not less than five (5) feet from the front property line and shall be set back from side property lines a distance not less than one-half (½) of the height of the sign. The maximum height of the detached sign shall be forty (40) feet, except in "M-1" and "M-2" zoning signs may be fifty (50) feet high. The gross area of detached signs shall not exceed three hundred (300) square feet in "C-1" and "C-2" zoning and seven hundred (700) square feet in "C-3", "M-1" and "M-2" zoning.

In lieu of one (1) detached sign, one (1) unilluminated, semi-illuminated or indirectly illuminated roof sign shall be permitted. A roof sign shall not exceed fifteen (15) feet above the roof and in no case shall the total height of the building and sign exceed the maximum allowable height for the zoning district. Roof signs shall not exceed the size limitations of detached signs.

A shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, shall be permitted one (1) detached sign identifying the entire center. All other signs in the center shall consist of wall, projecting, under canopy or marquee signs. The maximum height of the shopping center detached sign shall be twenty-five (25) feet.

Incidental signs are subject to the approval of the Planning Officer and shall not exceed nine (9) square feet in area.

Off-premises signs shall be permitted only along 1-70:

(1)

Off-premises signs shall be allowed in zones "C-1" through "M-2", inclusive, shall be allowed only on private property, and shall be set back from any building or property line a distance, measured from the front and back faces of the sign, equal to the height of the sign.

(2)

Off-premises signs shall be separated by at least one thousand four hundred (1,400) feet.

(3)

All off-premises signs shall comply with size requirements as specified by the Missouri State Highway Department.

(4)

The maximum height of off-premises signs shall be forty-five (45) feet.

Not more than two (2) on-premises, unilluminated or indirectly-illuminated subdivision entrance markers per street with a maximum sign area of forty-eight (48) square feet and a maximum sign height of six (6) feet. When a structure is used to support a sign, total area and height of the structure shall not exceed seventy-two (72) square feet and nine (9) feet, respectively. The structure of a subdivision entrance marker forms the outside shape and includes any frame, border or base that forms an integral part of the display.

Permits And Fees.

Permits required.

Except as otherwise provided in this Section, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit from the City.

Permits shall not be required under the following conditions:

(1)

Replacing or altering changeable copy on theater marquees, billboards and similar signs.

(2)

Painting, repairing, cleaning or maintaining of a sign shall not be considered an erection or alteration which requires a permit unless a structural change is made or the alteration and painting is being done due to a change in ownership of the business or premises.

Exemptions. A permit will not be required for the following listed signs. These exemptions, however, shall apply only to the requirement of the permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and appearance.

Construction project signs with a maximum size of seventy-two (72) square feet.

Agricultural, residential, commercial and industrial acreage or commercial and industrial structure "for sale" or "for rent" signs. Maximum size shall be thirty-two (32) square feet.

Residential structure for sale or for rent signs with a maximum size of six (6) square feet, it must be removed upon completion of the project or within ten (10) days after sale or letting of the property.

Political signs subject to the following restrictions:

(1)

Maximum size six (6) square feet in Districts "R-1", "R-2", "R-3" and "R-4".

(2)

Maximum size sixteen (16) square feet in agricultural, commercial and industrial areas.

(3)

Shall be placed back of the property line.

(4)

It shall be the responsibility of the property owner who gives permission for the use of his property for such signs or the political party for the political event or political candidate to have these signs removed not later than five (5) days after the election or event and they shall not be erected earlier than thirty (30) days prior to the election or event to which they pertain.

(5)

There shall be no political signs on any public utility pole, fence post, fences, trees or sides of buildings.

Traffic or other municipal or informational signs, legal notice, railroad crossing signs, danger, warning and such temporary, emergency or non-advertising signs necessary for traffic control or as may be approved by the Board of Aldermen.

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other metal.

Signs inside buildings, inside windows or painted on windows or on glass portions of doors of buildings.

Temporary signs for special events for public, charitable, religious or fraternal organizations, subject to the following limitations:

(1)

Maximum size thirty-two (32) square feet per face.

(2)

One (1) per street frontage.

(3)

To be located on property zoned for commercial use.

(4)

To be placed no sooner than thirty (30) days prior to the event and removed within five (5) days following the event. Except fireworks signage is stipulated in Chapter 220 of the City Code.

Application for permit. Application for a permit shall be made to the City upon a form provided and shall be accompanied by written approval of the property owner, site plans and specifications as may be required.

Permit fees. Every applicant, before being granted a permit hereunder, shall pay a fee to the City based upon the fee schedule used for building permits.

Inspection. As soon as a sign has been erected, the permittee shall notify the Building Inspector who shall inspect such sign and approve the same if it is in compliance with the provisions of this Chapter. The Building Inspector may, from time to time as he deems, inspect all signs or other structures regulated by this Chapter, for the purpose of ascertaining whether they are secure or whether they are in need of removal or repair. If the sign does not comply with the provisions of this Chapter, the Building Inspector shall notify the applicant in writing of such non-compliance and give the applicant ten (10) days, or less if the Building Inspector determines a hazardous situation exists, to comply.

Permit revocable at any time. All rights and privileges acquired under the provisions of this Chapter or any amendments thereto are mere licenses revocable at any time. Installation shall be completed within six (6) months after date of issuance of the sign permit.

Additional Regulations.

Maintenance. All signs, together with all their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The Building Inspector may order the removal of any sign that is not maintained in accordance with the provisions of the Uniform Code for the Abatement of Dangerous Buildings.

Prohibited signs.

Snipe signs are not permitted on the public right-of-way or on any utility poles or posts and may be removed by the Building Official.

It shall be unlawful for any person to display any real estate advertisements or signs which recite that real property is to be used for purposes or will be zoned for land uses in the future, when in fact such real estate is not presently zoned for such purposes.

It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.

Attention-attracting devices, electrical signs and illuminated signs, which are an annoyance to residential neighborhoods or may impair night vision or are a hazard to traffic or interfere with or conflict with traffic signals, whether inside or outside the building, are prohibited.

It shall be unlawful to post or erect any sign on utility poles, governmental signs, public rights-of-way or any other public property except those placed by agencies of the Federal, State or local government.

Engineering design and materials.

Wind pressure resistance. All signs shall be designed and constructed to withstand wind pressure of not less than twenty-five (25) pounds per square foot.

Except as specifically provided elsewhere, all permanent signs, sign structures and non-structural trim shall be constructed of approved combustible or non-combustible materials.

No sign which obstructs sight lines at elevations between two (2) feet and eight (8) feet above the curb or pavement surface shall be located within the site distance triangle at any driveway or intersection. See Section 400.220(C).

Obstruction of egress, openings, ventilation. A sign shall not be erected, constructed or maintained so as to obstruct any fire escape, window, door or other opening; or so as to prevent free passage from one part of the roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape or shall not be so placed as to interfere with an opening which is required for legal ventilation.

Letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.

Illuminated signs. Illuminated signs produced in quantity (other than signs custom-built for specific locations) shall be constructed in accordance with the "Standards for Electric Signs (U.L. 48) of the Underwriters' Laboratories, Inc." and bear the label of the Underwriters' Laboratories, Inc.

Electrical signs. All electrical signs, either temporary or permanent, shall be connected to permanent electrical service installed according to the requirements of the National Electrical Code. All wiring for newly constructed detached signs shall be underground, unless this is determined to be prohibitive by the Building Official.

The following type signs shall have a seal of a registered engineer or registered architect affixed to the plans: attention-attracting devices, detached signs, electrical, illuminated, marquee, portable, poster panel, projecting and roof. In addition, the following standards will apply:

(1)

Projecting signs.

(a)

Projecting signs shall not project more than five (5) feet six (6) inches beyond the face of the building. Projecting signs shall be a minimum of ten (10) feet above the level of any sidewalk from the bottom of the sign. Any projecting sign within twenty-five (25) feet of a street or alley intersection shall be a minimum of fourteen (14) feet above the sidewalk from the bottom of the sign.

(b)

All projecting signs shall be rigid mounted, shall be supported by strong steel brackets attached to walls of buildings with through bolts, expansion bolts or other equally secure methods, and shall be braced and held firmly in place with soft iron or steel cables or chains of adequate strength. All such supports shall be attached to walls of buildings with expansion bolts or equivalent method.

(c)

Projecting signs which are permitted to extend above parapet walls may be attached to brackets fastened to roofs by means of through bolts but shall not be attached to any part of the wall above a point of bearing of the roof joists or rafters.

(2)

All roof signs.

(a)

All roof signs shall be secured by or bear upon masonry bearing walls, columns, girders or roof joists. No roof sign shall be erected in a manner which prevents or tends to prevent free passage from one part of the roof to any other part thereof. Spider webs and A-frame structural members shall be prohibited.

(b)

Roof signs located on flat roofs shall allow a minimum clear open space of six (6) feet from the roof to the lowest point at the bottom of the face of the sign and there shall be a minimum space of five (5) feet between adjacent vertical supports.

(3)

Wall signs shall be securely fastened to a masonry wall by means of anchors, bolts, expansion screws or similar connectors. A wall sign which is attached to a wall of wood may be anchored with wood blocks used in connection with screws and nails.

(4)

Under canopy signs of greater than four (4) square feet shall be rigidly mounted and there shall be eight (8) feet six (6) inches clearance between the base of any rigidly mounted under canopy sign and the sidewalk. There shall be a minimum clearance of seven (7) feet six (6) inches between the base of any non-rigidly mounted under canopy sign and the sidewalk.

(5)

Detached signs shall be supported with a maximum of two (2) poles, uprights or supports.

Temporary Signs. Temporary signs may be permitted for special events, new ownership, grand openings for business or organizational use, special events including sales.

Duration of permits. Except as specifically otherwise provided elsewhere in this Section, permits for temporary signs shall be valid for ninety (90) days from date of issuance.

Permits renewable. Permits for temporary signs may be renewed a maximum of one (1) time for a maximum of one hundred eighty (180) days.

Number of permits. Except as specifically otherwise provided elsewhere in this Section, only one (1) temporary sign permit may be issued at any one time for any business, industry or shopping center. The total number of days per year which a temporary sign may be displayed at any business, industry or shopping center shall be one hundred eighty (180) days.

Construction. Construction of temporary signs shall meet the same engineering design and materials standards as for permanent signs.

Size. Except as specifically otherwise provided elsewhere in this Section, size of temporary signs shall not exceed the size of signs permitted for permanent signs of similar permitted construction and location within the same zoning district.

Location. Temporary signs shall be erected entirely on private property and shall not be erected in locations which would conflict with Section 400.300(E)(3)(d — e), except as specifically otherwise provided elsewhere in this Section.

Off-premise temporary signs will be allowed in all zones except residential zoning districts. Written approval must be given to the City by the land owner where the sign is to be located and the sign cannot be larger than four (4) feet by eight (8) feet.

Off-premise temporary signs must have directions to the business or an arrow pointing the way to their business.

A permit fee of fifty dollars ($50.00) is required for off-premise temporary signs and a fifty dollar ($50.00) refundable deposit.

10.

Sales and special events to permit businesses that would like to advertise an upcoming special event or sale.

May be a sign or banner but not to exceed four (4) feet by eight (8) feet.

May be in place no more than fourteen (14) days prior to the event or sale and must be removed the day following the event or sale.

Must have written consent from the property owner where the sign or banner is to be placed.

Pay a permit fee of ten dollars ($10.00).

Appeals. Appeals to sections of this Chapter for interpretation of engineering or structural standards shall be to the Board of Adjustment.

Penalty For Violations. It shall be unlawful for any person, firm, corporation, partnership or association to violate any of the provisions of this Chapter; and, upon conviction for said violations, said person, firm, corporation, partnership or association shall be punished in accordance with the general penalty provisions of the Code of Ordinances of the City. Each day the violation continues to exist shall be construed as a new violation and subject to conviction and punishment therefor.

Section 400.310 Flood Hazard and Zoning.

For Flood Hazard Prevention, see Chapter 415 of this Code.

Section 400.315 Group Housing Projects.

[Ord. No. 1084 §380, 3-10-1997]

The net area of land to be included in a group housing project shall be at least three (3) acres. Developers of group housing projects must submit their plans to the Planning and Zoning Commission for study. The Commission shall hold a public hearing and shall make recommendations to the Board of Aldermen for their consideration and determination.

The Planning and Zoning Commission shall apply the requirements of this Chapter to the housing project as a whole in such a manner that will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this Chapter in the district in which the proposed project is to be located.

to:
1.	The level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot.
2.	The mean height level of the top of the highest ridge for other roofs.