[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §1, 12-5-2000; Ord. No. 06-09 §1, 3-7-2006; Ord. No. 07-02 §1, 2-20-2007]
For the purpose of this Chapter, words used in the present tense
include the future, the singular includes the plural and plural singular,
the word "lot" includes the word "plot", the word "used" includes "designated" or "intended to be used", the word "building" includes the word "structure", and the word "shall" is mandatory and not discretionary.
The following terms, unless a contrary meaning is required by
the context is specifically prescribed, shall have the meanings indicated:
ACCESSORY BUILDING AND USE
A subordinate building located on the same lot with the main
building, or a subordinate use of land, either of which is customarily
incident to the main building or to the principal use of the land.
Where a substantial part of the wall of an accessory building is a
part of the wall of the main building or where an accessory building
is attached to the main building in a substantial manner, as by a
roof, such accessory building shall be counted as part of the main
building.
ACCESSORY LIVING QUARTERS
Living quarters with an accessory building, for the sole
use of persons employed on the premises, having kitchen facilities,
and not rented or otherwise used as a separate dwelling.
ALLEY
A permanent public serviceway which affords only a secondary
means of access to abutting property.
APARTMENT HOTEL
A building or portion thereof used for or containing both
individual guest rooms or suites of rooms and dwelling units designated
for more or less temporary occupancy.
BASEMENT
A story partly underground and having at least one-half (½)
of its height above the average level of the adjoining ground.
BED AND BREAKFAST
A family home occupied as a permanent dwelling by the proprietor,
in which lodging and meals are provided for time-limited duration
to not more than four (4) groups of patrons in a twenty-four (24)
hour period.
BILLBOARD
A structure primarily used as a flat surface upon which advertisements
are pasted, painted, or otherwise affixed.
BOARDING HOUSE/LODGING HOUSE
A building other than a hotel, where lodging with or without
meals for five (5) or more persons is provided for compensation. A
boarding house may also include the dwelling unit occupied by the
owner or operator.
BUFFER ZONE
A strip of land separating two (2) zoning districts.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
any portion thereof is completely separated from every other person
thereof by a division wall without openings, then each such portion
shall be deemed a separate building.
BUILDING, HEIGHT OF
The vertical distance measured from the adjoining curb grade
at a point opposite the center of the principal frontage of the building
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height
level between the eaves and ridge of a gable, hip, or gambrel roof.
Where buildings are set back from the street line, the height of a
building may be measured from the average elevation of the finished
lot grade at the front of the building.
BUILDING INSPECTOR
A City appointed inspection official charged with enforcement
of Building Codes and such other ordinances as may be assigned.
BUILDING LINE
A building limit fixed at a specific distance from the front,
rear or side boundaries of a lot beyond which a structure cannot lawfully
extend.
BUILDING, NON-CONFORMING
A legally existing building which fails to comply with the
regulations set forth in this Chapter applicable to the district in
which this building is located.
BUILDING SETBACK LINE
The line nearest the street and across a lot establishing
the minimum open space to be provided between buildings and specified
structures and street lines.
CARPORT
Anything constructed or erected that is more or less open
on three (3) sides and having a roof, with the purpose of protecting
a vehicle from the weather and providing the occupants with protection
for entering or exiting the vehicle. A carport will be subject to
setback regulations of all existing zoning requirements and is considered
an accessory building.
CELLAR
A story having more than one-half (½) of its height
below the average level of the adjoining ground.
CEMETERY
Land used for the burial of the dead and dedicated for cemetery
purposes, including mausoleums when operated in conjunction with and
within the boundary of such cemetery.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 23-06, 2-28-2023]
CITY
The City of Carl Junction, Missouri.
CONSUMER
A person who is at least twenty-one (21) years of age.
[Ord. No. 23-06, 2-28-2023]
CURB LEVEL
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the Building Inspector shall establish such curb level or its equivalent
for the purpose of this Chapter.
DAY CARE
A child care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
[Ord. No. 23-06, 2-28-2023]
DAY CARE CENTER
A child care program conducted in a location other than the
provider's permanent residence, or separate from the provider's living
quarters, where care is provided for children not related to the child
care provider for any part of the twenty-four (24) hour day. The number
of children allowed within a child day care center is to be regulated
by the licensing agency of the State of Missouri.
DAY CARE HOME - FAMILY
A child care program where care is given by a person licensed
as a family day care home provider for no more than ten (10) children
not related to the provider for any part of the twenty-four (24) hour
day. The child care program is within the provider's permanent residence.
DAY CARE HOME - GROUP
A child care program where care is given by a person licensed
as a group day care home provider for eleven (11), but not more than
twenty (20), children not related to the child care provider for any
part of the twenty-four (24) hour day. A group day care home shall
be in a location other than the provider's permanent residence or
separate from the provider's living quarters.
DWELLING
A building or portion thereof, used exclusively for residential
occupancy, including one-family, two-family and multi-family dwellings,
but not including hotels, motels, lodging or boarding houses or tourist
homes.
DWELLING, TWO-FAMILY
A detached or semi-detached building used for residential
occupancy by two (2) families living independently of each other.
DWELLING, MULTI-FAMILY
A building or portion thereof used for occupancy by three
(3) or more families living independently of each other, and doing
their own cooking in said building, including apartments, group houses
and row houses.
DWELLING UNIT
A building or portion thereof used by one (1) family for
cooking, living and sleeping purposes.
EASEMENT
A grant by the property owner to a person, corporation or
the public of the right to the use of designated land area for specified
purposes.
EDUCATIONAL INSTITUTION
Primary or grammar, public, parochial or private school,
high school, preparatory school or academy, public or founded or owned
or conducted by or under the sponsorship of a religious or charitable
organization; private preparatory school or academy furnishing courses
of instruction substantially equivalent to the courses offered by
public high schools for preparation of admission to college or universities
which award B.A. or B.S. degrees; junior college, college, or university,
public or founded or conducted by or under the sponsorship of a religious
or charitable organization; or private when not conducted as a commercial
enterprise for the profit of individual owners or stockholders. This
definition shall not be deemed to include trade or business schools
as defined in this Section.
FAMILY
One (1) or more persons occupying a premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding or lodging house, hotel, club or fraternity or sorority
house. A family shall be deemed to include servants.
GARAGE, PARKING OR STORAGE
Any building, except one herein defined as a private garage,
used exclusively for parking of self-propelled vehicles, and with
not more than two (2) pumps for the incidental sale of gasoline.
GARAGE, PRIVATE
A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles where the capacity
does not exceed three (3) licensed vehicles, or not more than one
(1) per family housed in the building to which such garage is accessory,
whichever is the greater, and not more than one (1) vehicle stored
in such garage shall be a commercial vehicle. Storage space for not
more than three (3) vehicles may be rented for vehicles of other occupants
of the building to which such garage is an accessory.
GARAGE, PUBLIC OR REPAIR
Any premises, except those described as a private or parking
garage, used for the storage or care of self-propelled vehicles, or
where any such vehicles are equipped for operation, repaired or kept
for remuneration, hire or sale.
GROUND FLOOR AREA
The square foot area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
GROUP HOME
Shall include any home in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside and may include
two (2) additional persons acting as houseparents or guardians who
need not be related to each other or to any of the mentally or physically
handicapped persons residing in the home.
GROUP HOUSES
A group of dwellings not more than two (2) rooms deep facing
upon a place as herein defined.
HOME OCCUPATION OR PROFESSION
Any use customarily conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof, and in connection with which
there is no display, no stock-in-trade, no outside storage of equipment,
no commodity sold upon the premises, and not more than two (2) persons
engaged in such occupation.
HOSPITAL
Includes "sanitarium", "sanitorium" or "clinic", provided such institution is operated by, or treatment
given under direct supervision of a physician licensed to practice
by the State of Missouri.
HOTEL
A building or portion thereof used as the more or less temporary
abiding place of individuals who are lodged with or without meals,
and in which there are more than twelve (12) sleeping rooms usually
occupied singly and in which provision for cooking is made preponderantly
in a central kitchen.
KENNEL
Any person who shall own, keep or harbor on his/her premises
more than three (3) dogs not including the litters of such dogs under
the age of six (6) months shall be deemed the owner of a kennel. Additionally,
any person who shall own, keep or harbor on his/her premises of more
than three (3) cats not including the litters of such cats under the
age of six (6) months shall be deemed the owner of a kennel.
LIGHTING
The following terms shall be used in administering the requirements
of the lighting performance standards:
1.
CANDLEPOWERThe amount of light that will illuminate a surface of one (1) foot distance from a light source to an intensity of one (1) foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminary.
2.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cutoff) at a specific angle above the ground.
3.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
4.
CUTOFF-TYPE LUMINARYA luminary with elements such as shields, reflectors or refractor panels which direct and cutoff the light at a cutoff angle that is less than ninety degrees (90°).
5.
FOOT-CANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
6.
GLAREThe brightness of a light source, which causes eye discomfort.
LOT
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings, and the accessory buildings or
uses customarily incident thereto, including such open spaces as required
under these regulations, and having its principal frontage upon a
public street or approved place. A lot as used herein may consist
of one (1) or more platted lots, or tract(s), as conveyed, or parts
thereof. In determining lot area and boundary lines, no part thereof
within the limits of the street right-of-way shall be included.
LOT, CORNER
A lot at the junction of and fronting on two (2) or more
intersecting streets both of which are twenty (20) feet or more in
width.
LOT DEPTH
The mean horizontal distance from the front street right-of-way
line to the rear property line.
LOT LINE, FRONT
The boundary between a lot and the street right-of-way on
which it fronts.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Deeds.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately
parallel streets.
LOT WIDTH
The distance parallel to the front of a building erected
or to be erected, measured between side lot lines at the building
line.
MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as "clones") to a marijuana dispensary facility,
marijuana testing facility, marijuana cultivation facility, or to
a marijuana testing facility. A marijuana cultivation facility's authority
to process marijuana shall include the production and sale of prerolls,
but shall not include the manufacturing of marijuana-infused products.
[Ord. No. 23-06, 2-28-2023]
MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones"), marijuana-infused products, and
drug paraphernalia used to administer marijuana as provided for in
this Section to a qualifying adult consumer.
[Ord. No. 23-06, 2-28-2023]
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strain commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
Marijuana does not include industrial hemp, as defined by State of
Missouri Statute, or commodities or products manufactured from industrial
hemp.
[Ord. No. 23-06, 2-28-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 23-06, 2-28-2023]
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a dispensary
facility, a marijuana testing facility or to another marijuana-infused
production facility.
[Ord. No. 23-06, 2-28-2023]
MOTEL
A permanent building or group of buildings containing rooms
used, rented or hired out for the more or less temporary occupancy
of overnight guests.
PARKING AREA, PUBLIC
An open area, other than a street, used for the temporary
parking of more than four (4) automobiles and available for public
use, whether free, for compensation, or as an accommodation for clients
or customers.
PARKING SPACE (OFF-STREET)
A space on private land, accessible from a street or alley,
not less than nine (9) feet wide and twenty (20) feet long, exclusive
of passageways.
PLACE OR COURT
An open, unoccupied space on the same lot with a building
or group of buildings and bounded on three (3) or more sides by such
building or buildings.
PRIVATE DRIVE
A paved right-of-way within a planned residential development
or a manufactured home park that affords the principal means of vehicular
access to property abutting thereon, which right-of-way is owned,
controlled, maintained and posted as a private drive by persons other
than the public.
PROFESSIONAL OFFICE
The office of a person engaged in any occupation, vocation
or calling, not purely commercial, mechanical or agricultural in which
a professed knowledge or skill in some department of science or learning
is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through
the practice of an act founded thereon.
RESTAURANT
A building wherein food is prepared and served in ready to
eat form to the public for human consumption. The term restaurant
shall include cafe, cafeteria, grill, pizza or chili parlor, diner,
snack shop, hamburger shop and steak house.
RIGHT-OF-WAY
Land dedicated to a person, corporation or the public for
a right of passage or use for specified purposes.
SETBACK LINE
The line generally parallel to the front, side, or rear lot
line establishing the minimum space to be provided as the front, side,
or rear yard.
SIDEWALL
The wall of a dwelling closest to the side property line.
SIGN
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure, or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any building, structure or
surface. Signs placed or erected by governmental agencies or non-profit
civic associations for a public purpose in the public interest shall
not be included herein, nor shall this include signs which are a part
of the architectural design of a building.
SITE PLAN
A plan or plat submitted showing uses and structures proposed
for a parcel of land as required by these regulations for single-family,
two-family, multi-family, commercial and industrial proposals.
STABLE, PRIVATE
A stable with capacity for not more than two (2) horses,
provided however, that the capacity of a private stable may be increased
if the premises whereon such stable is located contains an area of
not less than two thousand five hundred (2,500) square feet for each
horse accommodated.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
STREET
A paved roadway that affords principal means of access to
abutting property. Streets can be classified based on their function
as follows:
1.
HIGHWAYSA street or road of great continuity with either a single roadway or a dual roadway, which serves or is intended to serve major traffic flow. A roadway that is designated in the Major Street Plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term to identify those streets compromising the basic street system.
2.
STREET, COLLECTORA street which carries or is proposed to carry intermediate volumes of traffic from minor streets to thoroughfares, and which may or may not be continued.
3.
STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes cul-de-sacs.
4.
THOROUGHFARESA street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.
STRUCTURAL ALTERATIONS
Any change in either the supporting members of a building,
such as bearing walls, columns, beams or girders, interior/exterior
plumbing or electrical systems, and exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground.
TOTAL FLOOR AREA
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms, but excluding
unroofed balconies and patios.
TOURIST HOME
A building in which more than one (1) but not more than five
(5) guest rooms are used to provide or offer overnight accommodations
for transient guests for compensation.
TRADE OR BUSINESS SCHOOL
Secretarial school or college, or business school or college,
when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization; school conducted as commercial
enterprise for teaching industrial skills in which machinery is employed
as a means of instruction. This definition shall not be deemed to
include educational institutions as defined in this Section.
UNDEVELOPED LAND
Land within the City limits that has not been platted or
developed.
USES, NON-CONFORMING
An existing use of land or building which was legal prior
to the effective date hereof, but which fails to comply with the regulations
set forth in this Chapter applicable to the district in which such
use is located.
VARIANCE
A variation from a specific requirements in the ordinance,
as applied to a specific piece of property, as distinct from rezoning.
YARD
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground to the
sky, except as otherwise provided in this Chapter.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which shall be the least distance between the front lot line and
the nearest point of the main building or of any open, unenclosed
porch or paved terrace.
YARD, REAR
A yard extending across the full width of the lot between
the rearmost main building and the rear lot line, the depth of which
shall be the least distance between the rear lot line and the rear
of such main building.
YARD, SIDE
A yard between the main building and the side lot line, extending
from the front yard, or front lot line where no front yard is required,
to the rear yard, the width of which shall be the least distance between
the side lot line and the nearest point of the main building.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §2, 12-5-2000; Ord. No. 06-09 §3, 3-7-2006; Ord. No. 11-32 §1, 12-6-2011]
A. "R-1" Single-Family District. In the "R-1" Single-Family
Residential District, no building, structure or land shall be used
and no building or structure shall be hereafter erected, converted
or structurally altered, unless otherwise provided for in this Chapter,
except for one (1) or more of the following uses:
3. Public schools, elementary, high and other educational institutions
which curriculum are equivalent to a public elementary school or public
high school.
4. Museums, libraries, parks, playgrounds or community centers owned
and operated by a public agency.
6. Group homes, provided that the exterior appearance of the home and
property be in reasonable conformance with the general neighborhood
standards. Provided further that no group home shall be located within
two thousand five hundred (2,500) feet of any other group home.
7. Crop farming and truck gardening, but not including livestock or
other farming activities.
8. Accessory buildings, including detached garages, private stables, permanent storage buildings, servant quarters occupied only by servants employed on the premises, or other subordinate structures shall be erected (subject to Section
405.080 Height and Area Exceptions) and maintained only as accessories to the dwelling situated on the same lot or grounds and shall not involve the conduct of a business nor contain kitchen facilities.
9. Uses customarily incident to any of the above uses and including minor and major home occupations as set forth in Sections
610.230 through 610.270 of this Code.
Permitted minor home occupations include, but are not necessarily
limited to, the following: artists and sculptors; authors and composers;
home crafts for sale off-site; office facility of minister, rabbi
or priest; office facility of a salesperson, sales representative
or manufacturer's representative provided that no transactions are
made in person on the premises; professional office facilities; individual
tutoring; preserving and home cooking for sale off-site; individual
instrument instruction provided that no instrument may be amplified;
telephone solicitation work; family daycare home not involving more
than three (3) children; and computer and bookkeeping services and
transcribing services.
Permitted major home occupations shall include but are not necessarily
limited to the following: any use allowed as a minor home occupation;
single-chair beauty parlors and barber shops; photo developing; organized
classes with up to six (6) students at one time; television and other
electrical repairs excluding major appliances such as refrigerators,
or storage; small engine repairs, excluding major automobiles, motorcycles
and snowmobiles; upholstering; dressmaking; woodworking excluding
cabinet making; and daycare facilities caring for more than three
(3) children.
Any of the above uses may be conducted in the main building
provided such use shall not occupy a floor area greater than one-half
(½) the floor area of the first (1st) story of the building.
There shall be no commercial display visible from the street and no
signs present on the property except one (1) wall sign not to exceed
one (1) square foot indicating the address and the occupant's name.
10. Hospitals and clinics, excepting veterinary hospitals and clinics.
B. "R-2" Two-Family Residential District. In the "R-2" Two-Family
Residential District, no building or land shall be used and no building
shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this Chapter, except for one (1) or more
of the following uses:
1. Any use permitted in District "R-1".
2. Two-family private residences.
3. Accessory buildings — same as District "R-1".
C. "R-3" Multi-Family Residential District. In the "R-3" Multi-Family
Residential District, no building or land shall be used and no building
shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this Chapter, except for one (1) or more
of the following uses:
1. Any use permitted in District "R-2" except single-family dwelling.
2. Multi-family residences or apartments.
3. Boarding homes or nursing homes.
4. Accessory building — same as District "R-1".
D. "R-4" Planned Unit Development District. This district is
intended to provide alternate residential housing including residential
neighborhood units, clusters, condominiums and zero lot line developments.
All planned unit developments must be approved by the City.
E. "C-1" Retail Non-Commercial District. This District is intended
to provide professional or service offices for the general population
of the City of Carl Junction. In the "C-1" Non-Retail Commercial District,
no building or land shall be used and no building shall be hereafter
erected, converted or structurally altered, unless otherwise provided
for in this Chapter, except for one (1) or more of the following uses:
1. Any use permitted in District "R-3" or "R-4" except single- and two-family
dwellings.
2. Office buildings to be used only for the administrative functions
of individuals, groups, companies, corporations, social or philanthropic
organizations or societies.
3. Other offices such as:
a. Accountants and bookkeepers.
b. Architects and engineers.
f. Physicians, chiropractors and others in the healing arts.
g. Real estate and insurance.
4. In the "C-1" Commercial District, the following regulations shall
apply:
a. No merchandise shall be displayed or handled except inside the buildings.
No equipment or vehicles other than that utilized daily shall be stored
on the premises.
b. Nameplate and sign relating only to the occupations practiced therein
are allowed. No lighted or flashing signs shall be permitted. Any
nameplate or sign shall be permanently affixed to the structure and
shall not exceed three (3) feet by five (5) feet (3' x 5').
F. "C-2" Retail Commercial District. This district is intended
to provide retail and service establishments serving the general community
and others. In the "C-2" Retail Commercial District, no building or
land shall be used and no building shall be hereafter erected, converted
or structurally altered, unless otherwise provided for in this Chapter,
except for one (1) or more of the following uses:
1. Uses permitted.
a. Any use permitted in District "R-3" or "R-4" or "C-1" except single-
and two-family dwellings.
b. Banks or other financial institutions.
d. Cleaning, pressing and dyeing plants employing not more than five
(5) persons each; provided only non-explosive cleaning fluids shall
be used.
g. Food service establishments, including drive-in service.
i. Publishing, including job printing.
j. Mortuaries or funeral homes.
k. General business offices and stores.
l. Stores and shops for the sale of products at retail only.
m. Studios or broadcasting facilities (no towers).
n. Theaters or moving picture shows.
o. Wholesale sales and storage.
p. Shops for custom work or the manufacture of articles to be sold at
retail on the premises; provided that in such manufacture total mechanical
power shall not exceed five (5) horsepower for the operation of any
shop and provided that the space occupied by the manufacturing use
permitted herein shall not exceed fifty percent (50%) of the total
floor area of the entire building or the equivalent of the ground
floor area thereof, and provided further, that such manufacturing
use is not noxious or offensive by reason of vibrations, noise or
emission of odor, dust, smoke or gas.
q. Such accessory retail, professional or service uses that are necessary
for convenience of citizens subject to review by the Commission to
insure conformity to the intent of the regulation.
r. Marijuana dispensary facility.
[Ord. No. 23-06, 2-28-2023]
2. Marijuana dispensary facility, subject to the following provisions:
[Ord. No. 23-06, 2-28-2023]
a. In District "C-2," a marijuana dispensary facility shall be permitted,
provided it is wholly compliant with State of Missouri laws and regulations
within Section 1 and Section 2 of Article XVI of the Missouri Constitution.
b. Unless allowed by the laws of the State of Missouri, no marijuana
facility shall be sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child day care facility, or church.
In the case of a freestanding facility, the distance between the facility
and the school, day care or church shall be measured from the external
wall of the facility structure closest to the proximity to the school,
day care, or church to the closest point of the property line of the
school, day care or church. If the school, day care or church is part
of a larger structure, such as an office building or strip mall, the
distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility. In the case
of a facility that is part of a larger structure, such as an office
building or strip mall, the distance between the facility and the
school, day care, or church to the facility's entrance or exit closest
in proximity to the school, day care, or church. If the school, day
care, or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
Measurement shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
G. "M-1" Industrial District. This district is intended primarily
for the conduct of manufacturing, assembling and fabrication and for
warehousing, wholesales and service uses. These operations do not
depend primarily on frequent personal visits of customers or clients
but may require good accessibility to major rail, air or street transportation
routes.
1. Uses prohibited. Those uses are prohibited which
may be obnoxious or offensive because of emission of odor, dust, smoke,
gas, glare, noise or disposal of waste materials.
2. Uses permitted.
a. Any use permitted in District "C-1" or "C-2" except residential dwellings.
b. Building materials sales yard and lumber yard, including the sale
of rock, sand, gravel and the like as an incidental part of the main
business, including a concrete batch plant or mix plant.
c. Contractor's equipment storage yard or plant, or rental of equipment
commonly used by contractors.
d. Freighting or trucking yard or terminal.
e. Public utility service yard or electrical receiving or transforming
station.
3. The following uses are permitted when conducted within a completely
enclosed building:
a. The manufacture, compounding, processing, packaging or treatment
of such products as bakery goods, candies, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, soaps, toiletries and food products.
b. The manufacture, compounding, assembling or treatment of articles
or merchandise from previously prepared materials.
c. The manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay and kilns fired only
by electricity or gas.
d. The manufacture and maintenance of electric and neon signs, commercial
advertising structures, light sheet metal products, including heating
and ventilating ducts and equipment, metal buildings, wood buildings
and wood products.
e. Manufacture of musical instruments, toys and novelties.
f. Automobile assembling, painting, upholstering, rebuilding, reconditioning,
body and fender works, truck repairing and overhauling, tire retreading
or recapping and battery manufacturing.
g. Blacksmith shop and machine shop, excluding punch presses over twenty
(20) tons rated capacity, drop hammers and automatic screw machines.
h. Foundry casting lightweight non-ferrous metal not causing noxious
fumes or odors.
i. Assembly of electrical appliances, electronic instruments and devices,
radios and phonographs, including the manufacture of small parts only,
such as coils, condensers, transformers, crystal holders and the like.
j. Wholesale storage or manufacture of alcoholic beverages or non-alcoholic
beverages.
k. Marijuana cultivation facility.
[Ord. No. 23-06, 2-28-2023]
l. Marijuana-infused products manufacturing.
[Ord. No. 23-06, 2-28-2023]
m. Marijuana testing facility.
[Ord. No. 23-06, 2-28-2023]
4. Also permitted are any buildings, structures and uses which are customarily
incidental to any of the above uses.
5. The uses permitted under this Section shall be conducted in such
a manner that no noxious odor, noise, fumes or dust will be emitted
beyond the property line of the lot on which the use is located. No
use shall be permitted or so operated as to produce or emit:
a. Smoke, or particular matter of a Number 1 or darker on the Ringlemann
Chart.
b. Dust, fly ash, radiation, gases, heat, glare, or other effects, which
may be injurious to humans or property at the property line.
c. Vibrations or perceptible concussion measured with instruments at
the property line.
d. The noise level shall not exceed the following levels at any point
along the property line.
|
Octave Band
|
Maximum Level
|
---|
|
0 — 75 CPS
|
55 db
|
|
75 — 1200 CPS
|
40 db
|
|
1200 — 4800 CPS
|
25 db
|
|
Above 4800 CPS
|
22 db
|
e. Industrial wastes shall be of a quantity and nature as not to overburden
the public sewage disposal facilities or cause odor and unsanitary
effects beyond the property line.
6. Marijuana cultivation facility, marijuana-infused products manufacturing
facility and marijuana testing facility, subject to the following
provisions:
[Ord. No. 23-06, 2-28-2023]
a. In District "M-1," a marijuana cultivation facility, marijuana-infused
products manufacturing facility, or marijuana testing facility shall
be permitted, provided it is wholly compliant with State of Missouri
laws and regulations within Section 1 and Section 2 of Article XVI
of the Missouri Constitution.
b. Unless allowed by the laws of the State of Missouri, no marijuana
facility shall be sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child day care facility, or church.
In the case of a freestanding facility, the distance between the facility
and the school, day care or church shall be measured from the external
wall of the facility structure closest to the proximity to the school,
day care, or church to the closest point of the property line of the
school, day care or church. If the school, day care or church is part
of a larger structure, such as an office building or strip mall, the
distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility. In the case
of a facility that is part of a larger structure, such as an office
building or strip mall, the distance between the facility and the
school, day care, or church to the facility's entrance or exit closest
in proximity to the school day care, or church. If the school, day
care, or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
Measurement shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
H. "UD" Undeveloped Land District. This district is intended
to include land, which for one (1) reason or another has not been
developed or used for purposes other than agricultural. Removing land
from this district and placing it in one (1) of the other districts
requires approval of the Commission and Board.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §5, 12-5-2000; Ord. No. 07-02 §2, 2-20-2007; Ord. No. 09-30 §1, 7-20-2009; Ord. No. 12-24 §1, 7-3-2012; Ord. No. 12-35 §1, 9-18-2012]
A. Fences
are regulated in all areas of the City. A building permit and a fence
application form which shows a lot sketch, all easements and the fence
location are required and must be submitted to the City Clerk prior
to a fence being installed or rebuilt. An application fee of twenty
dollars ($20.00), permit fee of five dollars ($5.00) and two (2) inspection
fees, lot inspection and final inspection, of twenty-five dollars
($25.00) each, for a total of seventy-five dollars ($75.00), is payable
at the time of application. Generally, fences up to six (6) feet in
height are permitted for rear yard privacy; low profit ornamental
fences or walls are permitted in the front yard. The determination
of the eligibility of the proposed location of the fence shall be
made by the City Clerk and Building Inspector whose decision may be
appealed to the Board of Adjustment. Provided however, unless otherwise
specifically provided in another code or regulation, a fence that
is being replaced or rebuilt caused by a natural disaster or during
regular maintenance on the fence — such as replacing rotted
or broken sections — shall be exempt from this process if a
building permit and a fence application were originally acquired when
the fence was originally installed and if the fence is being replaced
in the original location and style.
[Ord. No. 21-06, 3-2-2021; Ord.
No. 21-16, 5-18-2021]
B. The applicant agrees that if the fence application is to place a fence of any type on a dedicated easement, such application shall not waive the right of the City to enter upon said property unobstructed for the purpose of repair or maintenance of its utilities. Further, the applicant agrees that if the City finds it necessary for such access, any obstruction on an easement may be removed by the City as set forth in Section
500.150, Obstructions Placed Upon Dedicated Easements.
1. Except as otherwise specifically provided in other codes and regulations,
the following regulations shall apply to the construction of fences:
a. Fencing for safety purposes shall be required wherever dwellings
or manufactured homes are built or installed on lots abutting major
streets as defined in these regulations or railroad right-of-way.
b. No fence shall be constructed which will constitute a traffic hazard.
c. No fence shall be constructed in such a manner or be of such design
as to be hazardous or dangerous to persons or animals.
d. No person shall erect or maintain any fence which will materially
damage the adjacent property by obstructing the view, shutting out
the sunlight or hindering ventilation, or which fence shall adversely
affect the public health, safety and welfare.
e. No fence, except fences erected upon public or parochial school grounds
or in public parks and in public playgrounds, shall be constructed
of a height greater than four (4) feet in the front or six (6) feet
elsewhere; provided however, that the Commission may, as a special
use, authorize the construction of a fence higher than six (6) feet
if the Commission finds the public welfare is served.
2. It shall be unlawful for any person to erect or maintain any fence
or other like structure except as follows:
a. In "R-1", "R-2" and "R-3", privacy fences may be erected on any lot,
except as provided above, and shall be no more than six (6) feet high
and shall not be located closer to the front property line than the
midpoint of the lot depth or the midpoint of the sidewall of the dwelling,
whichever is closer to the front property line. However, a fence shall
not be erected that would place it in front of the dwelling on the
adjoining property. Further, if the rear yard to be fenced adjoins
the property of a dwelling located on a cul-de-sac, the fence shall
not be located closer to the nearest portion of the midpoint of the
dwelling on the adjoining property. The determination of the proper
location of the fence according to the City Code shall be made by
the City Administrator, City Clerk and Building Inspector.
b. Decorative fences may be erected on any lot, except as provided above,
and shall be no more than four (4) feet high and be of open construction.
c. Security fences may be erected on any business or industrial lot
to a height of not more than twelve (12) feet, except the top four
(4) feet must be open wire or woven wire or barbed wire construction.
d. Open wire fences for the enclosure of private multi-purpose athletic
courts may be constructed to a height of not more than twelve (12)
feet but must be set back from all property lines at least six (6)
feet.
3. Materials allowed for construction of a privacy or a decorative fence
include wood, woven wire, chain link, wrought iron, concrete material,
and plastic resin. Maximum board width is twelve (12) inches for solid,
staggered or "basket weave" fences. Solid panels such as plywood,
wafer board, etc., will not be allowed, except around construction
sites for public safety, and must be removed upon issuance of a certificate
of occupancy.
4. All framework of a wood fence, privacy or decorative, must be on
the inside portion of the fence, and all posts of a wire fence must
be inside of the fabric. All posts (except metal "T" line posts) must
be set in concrete to a minimum depth of eighteen (18) inches and
a minimum of four (4) inches by four (4) inches. Metal "T" posts can
be driven.
5. Dilapidated fences. No person shall permit, cause,
keep, maintain or allow a fence within the corporate limits of the
City of Carl Junction in a dilapidated or dangerous condition.
6. Dangerous fences. Any person who shall place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way or public way or residence any spikes, or sharp-pointed cresting, or any barbed wire (except as permitted in Subsection
(B)(2)(c), Security Fences, and fences used for livestock containment), electrified fence (provided however, that low voltage, intermittent-current fences shall be allowed as a secondary fencing for animal containment), or any dangerous fence which is liable to tear, snag, cut or injure anyone coming in contact therewith shall be deemed guilty of a misdemeanor.
7. Declared nuisance. All fences or other like structures
erected or maintained in violation of this Section are hereby deemed
and declared to be a nuisance, and any owner or occupant of a lot
or tract of land upon which a nuisance exists shall be deemed guilty
of a misdemeanor. Each day on which such violation continues shall
constitute a separate offense.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §8, 12-5-2000; Ord. No. 12-25 §1, 7-3-2012]
A. Procedures. All requests for building permits shall be filed
upon forms prescribed by the City setting forth the legal description
of the lot, tract, or parcel of land together with a general explanation
of the intended land use and description of any building or structure
proposed to be constructed, erected, placed, or altered thereon. Any
building or structure proposed shall be accompanied by a plat or drawing
showing the following: the location of the building or structure upon
the lot, tract or parcel; accurate dimensions of the building and
lot; the location of present and proposed utility easements, drainage
easements, stormwater control plans; topographic elevations upon request;
and such other information as may be necessary to provide for the
enforcement of these regulations. A careful record of the original
copy of such applications and drawings shall be kept in the office
of the City Clerk and a duplicate copy shall be kept at the building
site at all times during construction.
B. Period Of Validity For Building Permits. Building permits
shall become null and void six (6) months after the date on which
each is issued unless within such six (6) month period construction,
moving, remodeling or reconstruction of a structure is commenced.
C. Applicability. All applications for building permits, other than for single-family dwellings and buildings accessory to single-family dwellings which require a plat diagram, shall be subject to the site plan review process and regulations as set forth in Section
405.114 and Section
405.115. Provided however, any applicant for a building permit who has previously met the requirements of Section
405.114 and Section
405.115 may be exempt from those Sections after filing a preliminary diagram and building permit application and those documents being reviewed and approved by the City Engineer, City Building Inspector, City Clerk and City Administrator.
D. Revocation Of Building Permit. The permit may be revoked by the official issuing the permit at any time prior to the completion of the use, building, structure, placement, or sign for which the same was issued, when it appears to such official that one (1) or more of the following conditions is present: (1) there is departure from the plans, specifications or conditions as required under the terms of the permit; (2) that the permit was procured by false representation; (3) that the permit was issued by mistake; (4) or that any of the provisions of the Building Code or City Codes are being violated. Written notice of such revocation from the City of Carl Junction shall be served by a City Official upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued. In addition, a copy of the revocation notice shall be posted in a prominent location of the property. Where notice of revocation has been served and posted, no future construction or use of the property shall proceed. Any revocation of a permit may be appealed to the Board of Adjustment as provided in Chapter
405 (Zoning Regulations), Section
405.100 (Jurisdiction and Powers of Board of Adjustment).
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §9, 12-5-2000; Ord. No. 06-09 §4, 3-7-2006]
A. Intent. The City of Carl Junction recognizes that the very
nature of land development creates the potential for traffic congestion,
overcrowding, adverse visual environmental impacts and health problems.
Also, the City strives to achieve the goal of promoting growth in
Carl Junction, while stabilizing the established residential patterns
of the area. The City seeks to ensure that any location that must
accommodate intense urban uses shall be subject to site plan review
by the City Clerk, City Engineer, Public Works Superintendent, Commission
and the Board of Aldermen. Site plan review shall help ensure compliance
with the meaning and intent of the zoning regulations.
The site plan review regulates the development of structures
and sites in a manner which considers the following concerns:
1. The balancing of landowners' rights to use their land with the rights
of abutting and neighboring landowners to live without undue disturbances
(e.g., noise, smoke, fumes, dust, odors, glare, stormwater runoff,
etc.);
2. The convenience and safety of vehicular and pedestrian movement within
the site and in relation to adjacent areas or roads;
3. The adequacy of waste disposal methods and protection from pollution
of surface or ground water.
4. The protection of historic and natural environmental features on
site under review and in adjacent areas;
5. The stability of the built environment — particularly residential
neighborhoods — by promoting urban development which is compatible
with clearly identified natural resources; and
6. The development guidelines set out in the City Comprehensive Plan.
B. Applicability. All applications for land use permits or
building permits, other than for single-family and two-family dwellings
and buildings accessory to single-family or two-family dwellings,
shall be subject to site plan review.
C. Authority. Land use permits or buildings permits shall not
be issued for any use of land or proposed construction on a lot in
the zoning districts in which site plan review is applicable, unless
site plan review approval has been granted.
D. Submission Requirements. The site plan shall include the
following data, details and supporting plans which are found relevant
to the proposal. The number of pages submitted to the City Clerk will
depend on the proposal's size and complexity. The applicant shall
make notations explaining the reasons for any omissions.
Site plans shall be prepared by a registered professional engineer,
architect or land surveyor registered in the State of Missouri; architect
at a scale of one (1) inch equals one hundred (100) feet (1" = 100')
for projects one thousand two hundred (1,200) square feet or larger.
Items required for submission include:
1. Name of project, address, boundaries, date, north arrow and scale
of the plan.
2. Name and address of the owner of record, developer and seal of the
engineer, architect or land surveyor.
3. Name and address of all owners of record of abutting parcels.
4. All existing lot lines survey pin locations, easements and right-of-ways.
Include area in acres or square feet, abutting land uses and structures.
5. The location and use of all existing and proposed structures within
the development. Include all dimension of heights and floor area and
show all exterior entrances and all anticipated future additions or
alterations.
6. The location of all present and proposed public and private ways,
parking areas, driveways, sidewalks, ramps, curbs and fences. Location,
type and screening details for all waste disposal containers shall
be shown.
7. The location, height, intensity and bulb type of all external lighting
fixtures. The direction of illumination methods to eliminate glare
onto adjoining property must also be shown.
8. The location, height, size, materials and design of all proposed
signage in conformance with the Carl Junction City Code.
9. The landscape plan which shows all existing open space, trees, forest
cover, water sources and all proposed changes to these features. In
addition the size, type, location and number of plant materials existing
or proposed as well as a notation of all areas to be seeded and sodded
shall be shown.
10. The location of all present and proposed utility systems including:
c. Telephone, cable and electrical.
d. Storm drainage system including existing and proposed drain lines,
culverts, catch basins, head walls, end walls and hydrants.
11. Plans to prevent the pollution of surface or ground water, erosion
of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table and flooding of other properties,
as applicable.
12. Topography (unless specifically waived) with contour intervals of
not more than two (2) feet except that, where the ground is too flat
for contours, spot elevation shall be provided.
13. Zoning district boundaries adjacent to the site's perimeter shall
be drawn and identified on the plan.
14. Traffic flow patterns within the site, entrances and exists, loading
and unloading areas, curb cuts on the site and within one hundred
(100) feet of the site. For developments in heavy traffic areas, the
City Engineer may require a detailed traffic study.
15. For new construction, alterations to any existing structure, a table
continuing the following information must be included:
a. Area of structure to be used for a particular use, such as retail
operation, office, storage, etc.;
b. Maximum number of employees;
c. Maximum seating capacity, where applicable;
d. Number of parking spaces existing and required for the intended use;
and
e. A landscape plan for improving large areas of paved parking with
appropriate landscaping may be required.
E. Standards Of Review. The recommendations of the City Planning
Commission to the Board of Aldermen shall be based on the following
standards:
1. The extent to which the proposal conforms to the provisions of these
regulations.
2. The extent to which the development would be compatible with the
surrounding area.
3. The extent to which the proposal conforms to the provisions of the
City's subdivision regulations, Sign Code, Building Code, Fire Code,
Storm Water Management Code and all other applicable City Codes and
ordinances.
4. The extent to which the location of streets, walkways and driveways
are located so as to enhance safety and minimize any adverse traffic
impact on the surrounding area.
[Ord. No. 99-10 §2, 5-18-1999]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity or
general welfare. It is not intended by this Chapter to interfere with
or abrogate or annul any easements, covenants or other agreement between
parties, provided however, that where this Chapter imposes a greater
restriction upon the use of buildings or premises or upon height of
buildings, or requires larger open spaces than are imposed or required
by other ordinances, rules or regulations or by easements, covenants
or agreements, the provisions of this Chapter shall govern.
[Ord. No. 99-10 §2, 5-18-1999]
The Board of Aldermen of Carl Junction shall provide for the
manner in which such regulations and restrictions and the boundaries
of such districts shall be determined, established and enforced and
from time to time amended, supplemented or changed. However, no such
regulation, restriction, or boundary shall become effective until
after a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. At least fifteen
(15) days' notice of the time and place of such hearing shall be published
in an official paper or a paper of general circulation in the City.