[R.O. 2016 § 400.170; Ord. No. 357-01 §§ 1
— 2, 5-8-2001]
A.
The lawful use of a building or premises
existing at the time of the adoption of this Chapter may be continued,
even though such use does not conform with the provisions hereof.
B.
If no structural alterations are made,
a non-conforming use of a building or premises may be changed to another
non-conforming use of the same or more restricted classifications.
Whenever a non-conforming use of a building or premises has been changed
to a more restricted use or to a conforming use, such use shall not
thereafter be changed to a less restricted use.
C.
Whenever the use of a building or premises
becomes non-conforming through a change in the Zoning Code or district
boundaries, such use may be continued and, if no structural alterations
are made, it may be changed to another non-conforming use of the same
or a more restricted classification.
D.
When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than seventy-five percent (75%) of its fair market value, it may be restored only by action of the Board of Adjustment as set forth in Section 400.220.
E.
In the event that a non-conforming use
of any building or premises is discontinued, or its normal operation
stopped, for a period of one (1) year, the use of the same shall thereafter
conform to the use regulations in the district in which it is located.
F.
A non-conforming use occupying only a portion
of a building or premises may be extended throughout the building
or premises if the same has been lawfully acquired and actually devoted
to such use previous to the adoption of this Chapter or to any affecting
amendments thereof.
G.
No existing building devoted to a use not permitted by this Chapter in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located, except as otherwise provided in this Section. Non-conforming use buildings may be extended or enlarged or structurally altered or reconstructed by not to exceed a fifty percent (50%) increase in the cubical contents of the building as of the effective date of this Chapter, if a special use permit therefor be granted under Section 400.180 of this Chapter, provided that all height and area regulations be observed in any such extension or enlargement or alteration. No other non-conforming use on a premises not permitted by this Chapter in the district in which the premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to the use permitted in the district in which such premises is located except as otherwise provided in this Section. A non-conforming billboard may be moved or reconstructed if a special use permit therefor be granted under Section 400.180 of this Chapter, provided that there is no increase in the height, amount of lighting or the square footage of the sign face.
H.
Any mobile home located in a district other
than a Mobile Home Park District from and after the effective date
of this Chapter shall be considered as a non-conforming use of the
land under the provisions of this Chapter; provided, however, that
the replacement of a mobile home with a newer or improved model mobile
home by an owner occupying an existing mobile home under the provisions
of the special use regulations of this Chapter shall not be considered
such a change so as to alter the pre-existing non-conforming use.
[R.O. 2016 § 400.180; Ord. No. 418-02 § 1, 6-11-2002; Ord.
No. 536-04 §§ 1 — 2, 4-13-2004; Ord. No. 694-06 § 1, 7-18-2006; Ord. No. 957-11 § 3, 5-10-2011; Ord.
No. 990-12 § 1, 5-29-2012]
A.
Subject to the provisions of this Section,
the City Council of the City of Park Hills may, after public hearing
before the City Council, and after study and report by the City Planning
and Zoning Commission, authorize the special uses enumerated in this
Section in any district as herein qualified from which the uses are
otherwise prohibited based on whether such building or use will:
B.
If the Council's findings should be negative
to the above, then the application may be granted; if affirmative
as to any subject, then such permit shall be denied. In the granting
of a special use permit, The City Council may impose, and the Planning
and Zoning Commission may recommend, appropriate conditions and safeguards
as may be deemed necessary to ensure compliance with the requirements
of the Zoning Code and to protect adjacent property and conserve property
values.
C.
Applications for special use permits shall be made and processed in the same manner as provided for zoning amendments in Section 400.210.
D.
The following special uses are authorized
providing they comply with all the regulations set forth in this Chapter
for the district in which such use is located:
1.
All uses for which special use permits
are required by other Sections of this Chapter.
2.
Any public building erected and used
by any department of the City of Park Hills, St. Francois County,
State of Missouri, or U.S. Government, in any district.
3.
Churches and similar places of worship,
fraternal organizations and other private clubs in "R-1" and "R-2"
Districts.
4.
Customary home occupations in "R-1,"
"R-2," and "R-3" Districts.
5.
Two-family dwellings in "R-2" Districts.
6.
Child or day care centers in "R-1,"
"R-2," and "R-3" Districts are subject to the following provisions:
[Ord. No. 1177-16 § 1, 9-13-2016]
a.
In "R-1," "R-2," and "R-3" Districts [except as set forth in Subsection (D)(6)(b) below], the center shall be located in a residential dwelling unit which is the permanent residence of the operator and shall be operated in a manner that will not change the character of the dwelling. Centers may not be located in accessory buildings or secondary dwelling units on the same lot.
b.
Centers in the "R-3" District may
be located in a structure designed and constructed for the purpose
of housing a child or day care center. Such center may be constructed
on an individual platted lot or be constructed as an ancillary building
to a multi-family dwelling development on the same lot. Centers located
in the "R-3" District are subject to the following additional regulations:
(1)
The external appearance
of the building shall blend and harmonize with other properties in
the area. Building materials used shall be similar to those used in
dwellings located in the area.
(2)
A paved parking lot shall be provided to contain the required off-street parking spaces as calculated by Section 400.160 of this Code. Entrances to the parking lot shall be so located as to minimize the amount of vehicular interference with neighboring properties.
(3)
All required playgrounds
shall be located in the rear yard of the lot. Playgrounds shall not
be located in the front or side yard of the lot.
c.
The center shall meet all City, County
and State requirements as to safety, design, facilities, equipment
and other features and shall be licensed by the Missouri Department
of Social Services.
d.
The center or dwelling shall be on
a lot having not less than the required lot area for the type of structure
for said district in which it is located and all portions of said
lot used for outdoor play space shall be fenced with appropriate fencing.
e.
The center shall be operated in a
manner that will not adversely affect the other properties and uses
in the area.
7.
Hospital or medical clinic in "R-3"
District.
8.
Single-family residences for mobile
home park owners or operators only, in "MH" Districts.
9.
Wholesale or distributing establishment,
or warehouse, or wholesale market in "C-1" Districts.
10.
Retail or wholesale merchandising
in "M-2" Districts.
11.
Wholesale merchandising in "M-3"
Districts.
12.
Public service facilities in "M-2"
and "M-3" Districts.
13.
Certain uses in "M-2" Districts as set forth in the regulations for the "M-2" Heavy Industrial Districts, Section 400.120.
14.
Replacement of a mobile home that
is occupied by the owner and that constitutes a non-conforming use
with a newer or improved model mobile home.
15.
Extension, enlargement, or alteration
of a non-conforming use building by not more than fifty percent (50%)
of the cubical contents of the buildings as of the effective date
of this Chapter.
16.
Radio or television station or broadcasting
tower in any "C" or "M" District.
17.
Cemetery, crematorium, or mausoleum
in any "R" or "C" District.
18.
Travel trailer park or tourist camp
in "C-1" Districts.
19.
Roadside stands and recreational
or amusement activities of a temporary and seasonal nature other than
circuses and carnivals in "R" and "C" Districts.
20.
The extraction of sand, gravel, and
other raw materials requiring the removal of an overburden above the
deposit in any "C" or "M" District; provided, however, any bulk storage
of extracted material or overburden and any processing or extraction
machinery or the open face of any cut shall be at least five hundred
(500) feet from any residential structure, street, or place.
21.
Parking lots on land in "R" Districts within three hundred (300) feet from the boundary of any "C" or "M" District, provided the standards set forth in Section 400.160(E) are met.
22.
In the "C-1" District, a facility
including buildings, structures, and land, for the residential or
outpatient treatment of alcohol and/or other drug abuse may be located
as a special use, if the facility meets all of the following conditions:
a.
If a residential facility, not more
than ten (10) persons residing in the building at one time.
b.
The exterior appearance of the treatment
facility shall reasonably conform to the exterior appearance of other
dwellings in the vicinity.
c.
A treatment facility shall not be
located closer than three hundred (300) feet to any other substance
abuse treatment facility.
d.
When a treatment facility is proposed
on a parcel that is adjacent to a residentially zoned property, a
fifty-foot buffer yard is required between the building and the property
line. The required buffer yard may be reduced to twenty-five (25)
feet when the properties are separated by a sight-proof barrier at
least six (6) feet in height.
[Ord. No.
1054-13 § 1, 12-10-2013]
23.
Antique sales or antique shops in
any "R" district, provided that the following conditions are met:
a.
That the use of the premises for
the sale of antiques is secondary to the primary use of the premises
as a place of dwelling.
b.
That the activity is carried on wholly
within the main structure or an accessory structure on the premises.
c.
That no antiques or merchandise be
stored or displayed outside.
d.
That no external alterations or special
construction of the premises are involved, except such modifications
as may be required by the Building Code or other alterations as directed
by law and except normal maintenance and repair to the dwelling.
e.
That no equipment shall be used which
creates offensive noise, vibration, sound, smoke, dust, odors, heat,
glare, X-ray or electrical disturbance to radio or television instruments.
f.
That no generation of substantial
vehicular or pedestrian traffic is created. Provided further, that
off-street parking be provided at a rate of one (1) space for every
five hundred (500) square feet of gross floor area of the building
or structure used for such business is conducted. All off-street parking
shall comply with the provisions found elsewhere in the Municipal
Code.
h.
The sale of antiques on the premises
is limited to the hours between 9:00 A.M. and 6:00 P.M. each day.
i.
There shall be no other exterior
indication that the building is being used for any purpose other than
a dwelling except for signage as permitted herein.
24.
Automobile repair garage in "R-2"
Districts, subject to the following additional regulations:
a.
An applicant for a special use permit
under this Section shall be an owner of the tract of land (hereinafter
referred to as the "premises") and the operator of the automobile
repair garage. Permits shall not be granted to lease holders or other
parties who are not an owner of the premises; and
b.
A special use permit issued under
this Section shall be personal to the applicant and shall not run
with the premises; and
c.
Automobile repair garages shall only
be located on premises which are greater than twenty thousand (20,000)
square feet in area; and
d.
The use of the premises for the repair
of automobiles shall at all times be secondary to the primary use
of the premises as a place of dwelling by the applicant; and
e.
The use must be contained wholly
within the confines of a freestanding building. No part of such use
shall be housed in an attached garage or any part of a residential
dwelling unit; and
g.
Hours of operation shall be limited
to between the hours of 7:00 A.M. and 6:00 P.M. on Monday through
Saturday and between the hours of 1:00 P.M. and 6:00 P.M. on Sundays;
and
h.
No storage of salvage vehicles or
parts shall be allowed outside on the premises; and
i.
Not more than five (5) vehicles to
be repaired or serviced shall be stored outside on the premises at
any one time; and
j.
No substantial volume of vehicular
or pedestrian traffic shall be generated by the use; and
k.
Two (2) off-street parking spaces
shall be provided; and
l.
No person, who is not a resident
of the premises, shall be employed or provide services on the premises;
and
m.
The granting of a special use permit
shall not render the premises exempt from the provisions of the Municipal
Code pertaining to nuisances.
25.
Off-site parking and storage lots
in a non-residential zoning district, subject to the following regulations:
[Ord. No.
1089-14 § 2, 8-12-2014]
a.
EQUIPMENT
MOTOR VEHICLE
OFF-SITE PARKING OR STORAGE
TRAILER
Definitions. For purposes of these
regulations, the following words shall have the meanings set out herein:
Any residential, commercial or industrial class self-propelled
or wheeled towable machinery used in construction, farming, lawn and
garden care, commercial operations or industrial operations.
Any motorized, self-propelled automobile, motorcycle, truck
or recreational vehicle.
The parking or storage of motor vehicles, trailers or equipment,
for financial gain, by or on behalf of the owner or operator of same
on property or a portion thereof not owned, leased or rented by the
owner or operator of said motor vehicle, trailer or equipment.
An open or enclosed transport or container used for the movement
or storage of goods, materials, supplies, tools, equipment, merchandise,
motor vehicles, boats or animals.
b.
The owner or operator of the land
on which the off-site parking or storage activity is being conducted
shall be the applicant, not the owner or operator of the motor vehicle,
trailer or equipment being stored on same.
c.
Consideration criteria will be reviewed
a minimum of annually, and if an inspection of property and the motor
vehicles, trailers or equipment located thereon results in a determination
that any standards required by this Subsection at the time the special
use permit was originally issued are not being met, City staff may
place the applicant on notice and request review of the special use
authority, with the possible outcome of special use permit rescission
by the City Council.
d.
The assessment and professional opinion
of City staff shall be a factor in determining if an activity presently
being conducted or to be proposed is not in conformance with these
provisions. The Planning and Zoning Commission shall be the appeals
body for such a staff determination.
e.
All commercial zoning district areas
utilized for off-site parking or storage, and ingress/egress thereto,
shall be hard-surfaced with concrete or asphalt in conformance with
City specifications. All industrial district areas utilized for off-site
parking or storage, and ingress/egress thereto, shall be surfaced
with a minimum of six (6) inches of rolled gravel in conformance with
City specifications.
f.
Off-Site Parking Or Storage Consideration.
In addition to normal factual determination criteria, following are
examples of factors which may be examined or conditions which may
be imposed during the course of application consideration:
(1)
In instances where there
is an existing business, the degree to which the subject motor vehicles,
trailers or equipment can practically, reasonably and economically
be parked on property the owner or operator of same owns, leases or
rents.
(2)
Existing and/or proposed
lot improvements and topographical conditions.
(3)
Impact on adjacent properties
(property values, aesthetics, etc.).
(4)
Effects on general community
standards (passersby, etc., not immediately adjacent to the subject
site).
(5)
What can be stored in
a particular location (type, number, etc.).
(6)
Degree to which it might
create or exacerbate hazardous or unsanitary conditions.
(7)
Creation or aggravation
of general nuisances, such as visual, noise, odor, etc.
(8)
Ongoing lot and/or vehicle/trailer
maintenance standards.
(9)
The perimeter of the
area shall be enclosed by a sight-proof fence at least six (6) feet
in height.
(10)
Ingress/egress and
general traffic impact standards.
(11)
Proximity to residential
zoning districts or residentially utilized property in other zoning
districts.
(12)
Proximity to other
businesses and/or property lines and/or streets.
(13)
No wrecked, derelict,
or otherwise unsightly or unsafe motor vehicles, trailers or equipment.
[R.O. 2016 § 400.185; Ord. No. 440-02 § 3, 11-12-2002; Ord. No. 990-12 § 1, 5-29-2012]
A.
Adult uses shall only be allowed in "C-1"
General Commercial, "C-2" Central Business District, "C-3" Planned
Commercial District or "M-1" Light Industrial Districts and only if
all of the following conditions are met:
2.
No adult use shall be located within
one thousand (1,000) feet of any of the following when the following
is located within the City of Park Hills:
a.
A church, synagogue, mosque, temple
or building which is used primarily for religious worship and related
religious activities;
b.
A public or private educational facility,
including, but not limited to, child day care facilities, nursery
schools, preschools, kindergartens, elementary schools, private schools,
intermediate schools, junior high schools, middle schools, high schools,
vocational schools, secondary schools, continuation schools, special
education schools, junior colleges and universities; school includes
the school grounds but does not include facilities used primarily
for another purpose and only incidentally as a school;
c.
A boundary of a residential district
as defined in the Park Hills zoning regulations;
d.
A public park or recreational area
which has been designated for park or recreational activities, including,
but not limited to, a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas or other similar public land within the City
which is under the control, operation or management of the City park
and recreation authorities;
e.
The property line of a lot devoted
to a residential use as defined in the Zoning Code; or
f.
An entertainment business which is
oriented primarily towards children or family entertainment.
3.
The adult use shall be located entirely
within an enclosed building.
4.
No building in which an adult use
is located shall have an opening, entry or window which permits view
into the building from any street, sidewalk or other public place.
5.
No adult use shall be located or
expanded within one thousand (1,000) feet of any other adult use.
6.
No adult use shall be located within
five hundred (500) feet of any corporate limit of the City of Park
Hills.
7.
The distance between an adult use
and another adult use shall be measured in a straight line without
regard to intervening structures, objects or political boundaries
from the closest exterior structural wall of each business. The distance
between an adult use and a premises licensed pursuant to the Missouri
Liquor Control Law shall be measured in a straight line without regard
to intervening structures, objects or political boundaries from the
closest exterior structural wall of each business. In all other instances,
the distance shall be measured in a straight line without regard to
intervening properties, objects or political boundaries from the closest
exterior wall of the building in which the adult use is located to
the closest property line of the religious institution, educational
facility, residential district, public park, lot devoted to residential
use or entertainment business which is oriented primarily towards
children or family entertainment.
8.
All adult uses shall comply with
all other applicable ordinances of the City of Park Hills.
11.
The lighting in parking areas for
all adult uses must provide a minimum light level of twenty-five hundredths
(0.25) foot-candles over the entire parking area, but at no point
shall the light level exceed three (3.0) foot-candles, nor shall any
increase in light levels or visible glare be permitted on the lot
line.
12.
Any adult use lawfully operating
on November 12, 2002, that is in violation of this Section shall be
deemed a non-conforming use. The non-conforming use will be permitted
to continue unless voluntarily discontinued for a period of thirty
(30) days or more or the sexually oriented business license of the
adult use expires or is revoked. Such non-conforming use shall not
be increased, enlarged, extended or altered, except that the use may
be changed to a conforming use.
13.
An adult use lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the location of an adult use, of a use listed in Subsection (A)(2) of this Section within one thousand (1,000) feet of the adult use. This provision does not apply if the adult use is voluntarily discontinued for a period of thirty (30) days or more or the sexually oriented business license of the adult use expires or is revoked. Such use shall not be increased, enlarged, extended or altered.
[R.O. 2016 § 400.190]
A.
Community Unit Plan. The owner of any tract
of land may request a special use permit for the use and development
of such tract for residential or for residential in combination with
shopping center uses as set forth in the regulations for Planned Commercial
Districts in this Chapter. The development plan shall be referred
to the Planning and Zoning Commission for study and report. The report
of the Planning and Zoning Commission shall include specific evidence
and facts relating the conditions for approval enumerated in this
Section. Approval by the City Council shall be conditioned upon specific
findings that the proposed community unit plan meets the following
conditions:
1.
The proposed development of any "C-3" Planned Commercial District included as a part of the plan complies with the regulations for those districts as set forth in Section 400.100 of this Code.
2.
The buildings, other than those located
within a "C-3" District, located in the area shall be used only for
one-family dwellings, two-family dwellings, or multiple-family dwellings
and the usual accessory uses such as private or parking garages, storage
space and for community activities, including churches and schools.
3.
The average lot area per family contained
in the site, exclusive of any area occupied by a "C-3" District or
by streets, will not be less than the lot area per family required
in the district in which the development is located.
4.
The area is adaptable to complete
community development, being bounded by major thoroughfares, streets,
railroads, or other external barriers, and insofar as possible without
a major thoroughfare extending through the project, or any other physical
feature which would tend to impair the neighborhood or community cohesiveness.
5.
The plan will provide for the convenience
and safety of vehicular and pedestrian movement within the site and
in relation to adjacent areas.
6.
No more than twenty-five percent
(25%) of the gross area of the project be devoted to a "C-3" District
and that no more than fifty percent (50%) of the gross area of the
project located in a Single-Family Residential District be devoted
to multiple-family dwellings.
7.
Sufficient area is reserved for recreational
and educational facilities to meet the needs of the anticipated population,
or as designated in the City's Comprehensive Plan.
8.
Property adjacent to the area included
in the plan will not be adversely affected and to this end, the City
Council may require, in the absence of any appropriate physical barrier,
that uses of least intensity or a buffer of open space or screening
be arranged along the borders of the project.
9.
The plan is consistent with the intent
and purposes of this Chapter to promote public health, safety, morals,
and general welfare.
B.
If the City Council approves the plans,
building permits may be issued, even though the use of the land and
the location and height of buildings to be erected in the area and
the yards and open space contemplated by the plan do not conform in
all respects to the district regulations of the district in which
it is located.
C.
An application for a special use permit
under this Section may be made and processed contemporaneously with
a proposed amendment of the zoning district in which such site lies.
D.
A special use permit shall automatically
expire upon the failure to develop the use of the land for which the
special use permit has been issued, if the use is not basically developed
within one (1) year after the permit has been issued.
E.
In the event the use of the land for which
the special use permit has been issued is discontinued for a period
of one (1) year, then the special use permit shall automatically expire.
F.
Site Plan Review. The purpose of site plan
review is to ensure that the design and layout of certain developments
permitted will constitute suitable development and will not result
in a detriment to the neighborhood or the environment. All proposals
for attached single-family dwelling units are subject to the provisions
of this Section and no attached single-family dwelling units shall
be erected or externally enlarged except in conformity with a site
plan bearing an endorsement of approval from the City Council.
G.
All applications for site plan review shall be made and processed in the same manner as provided for zoning amendments in Section 400.210. An applicant for site plan review shall file a copy of an application form and a site plan with the City Council. Unless this requirement is waived by the City Council, the site plan shall be prepared by a registered professional engineer, architect, or landscape architect. The site plan shall include and be accompanied by the following items and information:
1.
The site plan shall show all existing
and proposed buildings, existing and proposed contour elevations,
structures, parking spaces, driveway openings, driveways, service
areas, facilities for sewage, refuse and other waste disposal and
for surface water drainage, and landscape features such as fences,
walls, planting areas, walks, and lighting, both existing and proposed.
The site plan shall also show the relation of the above features to
adjacent ways and properties. The site plan shall also show all contiguous
land owned by the applicant or by the owner of the property which
is the subject of the application.
2.
The applicant shall submit such material
as may be required regarding design features intended to integrate
the proposed new development into the existing landscape, to enhance
aesthetic assets, and to screen objectionable features from neighbors.
3.
The applicant shall submit such material
as may be required regarding the projected traffic flow patterns into
and upon the site for both vehicles and pedestrians and an estimate
of the projected number of motor vehicle trips to and from the site
for an average day.
[Ord. No. 1548-23, 7-11-2023]
A.
No
building shall be constructed, altered, or used for any marijuana
facility, without complying with the following regulations.
1.
Buffer Requirement. No marijuana facility shall be located within
one thousand (1,000) feet of an existing elementary or secondary school,
licensed child day care center, or church. Measurements shall be made
in a straight line, without regard to intervening structures, from
the nearest point on the exterior building wall of the school, child
care center, or church, to the nearest point on the property line
containing the medical marijuana business. A dispensary is further
restricted to being not less than one thousand (1,000) feet in proximity
to another dispensary.
2.
Outdoor Operations Or Storage Prohibited. All operations and all
storage of materials, products, or equipment shall be within a fully
enclosed building. No outdoor operations or storage shall be permitted.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of a marijuana facility.
4.
Hours Of Operation. No sales or distribution of marijuana shall occur
upon the premises or by delivery from the premises of any marijuana
facility between the hours of 10:00 P.M. and 8:00 A.M. Marijuana facilities
shall be secured and closed to the public after the hours listed in
this Subsection and no persons not employed, or contracted (for things
like building repair or construction) by the marijuana facility may
be present in such facility at any time it is closed to the public.
5.
Display Of Licenses Required. The marijuana license issued by the
State of Missouri shall be displayed in an open and conspicuous place
on the premises.
6.
Residential Dwelling Units Prohibited. No marijuana facility shall
be located in a building or on a lot that contains a residence.
7.
Odor. No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance as defined in Section 205.010. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor of marijuana or fumes from leaving the facility.
8.
Security. The marijuana facility shall have sufficient security measures
and features to prevent unauthorized use, diversion, or theft of the
marijuana or marijuana-infused products.
9.
Site Plan Review Required. A site plan meeting the requirements of
this Chapter shall be submitted for review and approval to the City's
Code Enforcement and Administrative Officer(s). The site plan shall
include a description of the preventative measures to be used to contain
odors within the building.
