[R.O. 2010 §400.500; CC 1970 §33-38; Ord. No. 1305 Art. 8 §2, 4-24-1963; Ord. No. 1393 §B, 6-10-1966; Ord. No. 8-72 §3, 6-13-1972; Ord. No. 18-80 §1, 7-22-1980]
A. 
No building or no premises in a "C-3" District or no portion of a building or portion of premises shall be used except as herein provided in these regulations for this area. No building shall hereafter be erected or altered unless otherwise provided in this Chapter except for one (1) or more of the uses set out in this Section as follows:
1. 
All uses permitted in Section 400.350 Subsection (A)(1 — 6, 8 — 9) and Subsection (B) of the "C-1" Local Commercial District.
2. 
All uses permitted in Subsections (2), (3) and (4) of Section 400.420 except for Subparagraph (e) to Subsection (2) and Subparagraph (d) to Subsection (4) which Subparagraphs prohibit service or repair of automobiles and gasoline sales service stations, which are permitted uses in this commercial district if the service and repair is incidental to the sale of gasoline and oil.
3. 
A gasoline or oil sales and service station provided that all products for sale on such premises, with the exception of gasoline and oil, will be contained within a building and will not be located outside of the building. Service or minor repairs of automobiles may be performed in such establishments; provided, that such service and repair is ancillary to the sale of gasoline and is performed entirely inside a building.
4. 
An establishment for the furnishing of service to passenger vehicles and trucks not in excess of three-quarter (¾) ton, which service will be limited to light service such as tuning the engine, oil changes and diagnostic service on such vehicle; provided, that such service is performed entirely inside a building,
5. 
Operation of a comprehensive marijuana cultivation facility, comprehensive dispensary facility, comprehensive marijuana-infused products manufacturing facility, microbusiness dispensary facility, microbusiness wholesale facility, medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or marijuana testing facility may be located as a special use, if the facility meets the criteria in Subsection (B) of this Section, and meets the following specific standards:
[Ord. No. 12-19, 8-5-2019; Ord. No. 10-23, 3-6-2023]
a. 
No such use shall be sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or house of worship.
b. 
No such facility shall be located within one thousand (1,000) feet of another comprehensive marijuana cultivation facility, comprehensive dispensary facility, comprehensive marijuana-infused products manufacturing facility, microbusiness dispensary facility, microbusiness wholesale facility, medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or marijuana testing facility.
c. 
Marijuana cultivation, dispensing, product manufacturing, and testing activities and operations shall occur only within an enclosed building. No outdoor storage shall be permitted on the property.
d. 
All structures used for cultivation, dispensing, product manufacturing, and testing activities shall be equipped with odor control filtration and ventilation systems such that the odors of marijuana cannot be detected from outside the structure. An odor mitigation plan shall be submitted to the City prior to consideration of the issuance of a special use permit.
e. 
Any person or entity licensed by the State of Missouri for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be in compliance with the requirements of the license at all times, and any failure of compliance shall be a violation of this Section, punishable upon conviction as provided in Section 100.070 of this Code. In addition, such non-compliance may be evidence of the existence of a public nuisance, which may be acted upon as provided in Chapter 220 of this Code.
f. 
The one thousand (1,000) feet distance referenced in this Subsection shall be measured as follows:
(1) 
In the case of a freestanding facility, the distance between the facility and a school, day care, house of worship, or another medical marijuana-related facility shall be measured from the external wall of the facility structure closest in proximity to the school, day care, house of worship, or another medical marijuana-related facility to the closest point of the property line of the school, day care, house of worship, or another medical marijuana-related facility. If the school, day care, house of worship, or another medical marijuana-related facility 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, house of worship, or another medical marijuana-related facility closest in proximity to the facility.
(2) 
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, house of worship, or another medical marijuana-related facility shall be measured from the property line of the school, day care, house of worship, or another medical marijuana-related facility to the facility’s entrance or exit closest in proximity to the school, day care, or church. If the school, day care, house of worship, or another medical marijuana-related facility 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, house of worship, or another medical marijuana-related facility closest in proximity to the facility.
(3) 
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
6. 
If any restaurant desires to operate a pickup window, it must first make written application for and receive permission for operation of such pickup window as part of its operating special use permit from the Board of Aldermen. Such written application shall contain a site plan, drawings, or pictures of the exterior appearance of the building, including the proposed pickup window, a traffic plan, and the hours of operation requested. The request will be considered during the special use permitting process, or as an amendment to an existing special use permit. Permission for use of a pickup window and revocation of permission shall be in accordance with the considerations and rules set forth for use permits in Subsections (B) through (E) of this Section.
[Ord. No. 11-20, 6-1-2020]
B. 
Before any use or occupation is permitted in the zone, the Board of Aldermen may, in its discretion, require that a public hearing be held. Before such use permit can be issued by the Board of Aldermen, it must first determine that such use will not:
1. 
Substantially increase traffic hazards or congestion;
2. 
Substantially increase fire hazard;
3. 
Adversely affect the character of the neighborhood;
4. 
Adversely affect the general welfare of the community;
5. 
Overtax public utilities; or
6. 
Be a nuisance to adjoining residential zones by reason of noise, odor or lights.
C. 
If the Board's findings be negative as to all such requirements, then such permit shall be granted with such restrictions and conditions as may be necessary to reasonably ensure that the operation of the business for such use will not, in the future, violate the foregoing paragraphs (1) to (6), and to ensure that the operation of such business will not create a nuisance or any undue noise, smoke, noxious odors, light or dirt or other conditions that adversely affect the character of the adjacent neighborhood, or affect the value and enjoyment of the adjacent residential district.
D. 
If the business should at any time after the granting of a permit be operated in a manner to violate any of the terms of this Section or of the permit, the operator of such business shall be given written notice by the City Administrator to discontinue such violations within ten (10) days. If such violations are not discontinued within such time, then the permit to conduct such business shall be rescinded and the City will take such action as to require to force the discontinuance of such business on such premises.
E. 
No use of any building shall be changed to any other permitted use in this zone unless all requirements as to parking area for such proposed use are complied with to the extent parking space is available.
[R.O. 2010 §400.510; CC 1970 §33-39; Ord. No. 1305 Art. 8 §3, 4-24-1963]
No building in a "C-3" District shall exceed thirty-five (35) feet in height.
[R.O. 2010 §400.520; CC 1970 §33-40; Ord. No. 1305 Art. 8 §4, 4-24-1963]
There shall be a front yard in a "C-3" District of not less than twenty-five (25) feet. No main building or accessory building shall project beyond the front yard line. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each side street of such corner lot of not less than twenty-five (25) feet. No main building or accessory building shall project beyond the front yard line on either side.
[R.O. 2010 §400.530; CC 1970 §33-41; Ord. No. 1305 Art. 8 §5, 4-24-1963]
A. 
There shall be a rear yard in a "C-3" District having a minimum depth of twenty-five (25) feet at all points. No main building or accessory building shall project beyond the rear yard line; provided, that under the following conditions a structure may be built up to the southern line of the "C-3" Commercial District:
1. 
Such southern line shall constitute the rear line of such proposed building and no portion of such building or structure including eaves, overhang, chimneys, porches, stairs or otherwise shall project beyond the line of the "C-3" Commercial District.
2. 
There is a "P-1" Parking District abutting on the "C-3" Commercial District line which would constitute a rear yard of at least twenty-five (25) feet in depth, such "P-1" Parking District may be considered as a rear yard.
3. 
The owner of the subject property in the "C-3" Commercial District is also the owner of the abutting property in the "P-1" Parking District.
4. 
The owner files a restrictive covenant on the portion of his/her property which is in the "C-3" Commercial District and the "P-1" Parking District agreeing that the properties will not be subdivided and sold but will retain the same ownership.
5. 
If the owner of the "C-3" Commercial District lot in question desires to use the abutting "P-1" Parking District property for parking he/she shall apply for a parking lot permit and shall meet all of the requirements for parking lots as set out in Chapter 410 and any parking lot ordinance of the City or any of the requirements that maybe set out in this Chapter. Such permit for parking lot must be approved by the Board of Aldermen.
6. 
In the event that the owner of the "C-3" Commercial District property shall elect not to use the "P-1" Parking District property abutting for parking purposes or also in the event that he/she shall elect to use it for parking purposes, he/she shall comply with the following requirements in either event:
a. 
There shall be erected either a wall or fence along the rear and side of such lot wherever such "P-1" Parking District property abuts on residential property and there shall also be provided a screening belt which may be planted either in grass or in trees and shrubbery but which may not be used for parking. Such screening belt shall have the following minimum depth abutting on any residential property touched by the "P-1" Parking District property:
1) 
On all "P-1" Parking District property which is more than one hundred fifty (150) feet south of the south line of Manchester Road and is located west of Andrew Drive, a minimum width of the screening belt of twenty (20) feet.
2) 
On all "P-1" Parking District property lying west of Andrew Drive and less than one hundred fifty (150) feet south of the south line of Manchester Road a minimum width of the screening belt of ten (10) feet.
3) 
On all "P-1" Parking District property lying east of Andrew Drive to the eastern City limits, a minimum width of ten (10) feet of the screening belt.
b. 
The fence or wall to be erected shall be erected to a sufficient height to provide a screen of such height and character as to screen the commercial usage from the abutting residential area.
c. 
The Board of Aldermen may eliminate the requirement of a screening fence or wall where such screening fence or wall would be extended along the side of a residential front yard or would serve no purpose in screening. In such event the screening belt shall be so planted with trees and shrubs as to adequately screen the commercial use from the residential area.
d. 
All of such screening walls, fences and shrubbery and screening belt shall be submitted for the advice of the Plan Commission and must be approved by the Board of Aldermen before such property can be used for the purposes as set out.
[R.O. 2010 §400.540; CC 1970 §33-42; Ord. No. 1305 Art. 8 §6, 4-24-1963]
A. 
A building or structure may be built up to the edge of the lot line wherever such lot is contained in the "C-3" Commercial District, however if a side yard is provided, it shall be a minimum of five (5) feet. No building or structure shall be built in or project into any "P-1" Parking District; provided, that each applicant for a building permit shall make provisions for and provide an access driveway to the rear of such proposed building, such access driveway to be provided either:
1. 
On the lot of the owner in whole; or
2. 
In part on the lot of the owner and in part on an abutting lot; or
3. 
Wholly on adjacent property;
provided, that in the event that such access driveway is to be provided either in whole or in part on property other than the property on which the building is to be erected that there shall also be provided a perpetual easement right giving full access to the rear of the property in question forever, which easement shall first be submitted to the Plan Commission for its advice and to the Board of Aldermen and it must be approved by the Board of Aldermen before use is made of such property for building or parking.
[R.O. 2010 §400.550; CC 1970 §33-43; Ord. No. 1305 Art. 8 §7, 4-24-1963]
No parcel, tract or lot shall hereafter be built on, unless it shall have a lot area in the "C-3" Commercial District of not less than ten thousand (10,000) square feet and a frontage on Manchester Road of not less than one hundred (100) feet, unless such parcel, tract or lot was of record and in compliance with existing ordinances at the time it was created and in separate record ownership on or before April 24, 1963.
[R.O. 2010 §400.560; CC 1970 §33-44; Ord. No. 1305 Art. 8 §8, 4-24-1963]
Any building in a "C-3" District used primarily for any of the enumerated purposes under this Article may have not more than forty percent (40%) of the floor area devoted to processing the products sold on such premises or storing the product sold on such premises; provided, that not more than five (5) employees shall be engaged at any time on the premises in any such incidental use.