City of Blue Springs, MO Chapter 405 Building and Use Regulations

Note: All illustrations in this Chapter are for an illustrative purpose only and are not intended to reflect an actual Code requirement. Illustrations may be added and/or changed from time to time by notice to the Planning Commission and posting on the City's website.

Section 405.010 Permitted Building Types; Building Type Tables.

[R.O. 1996 § 405.010; Ord. No. 4558 § 1, 8-3-2015]

A. Intent. This Section provides standards for a variety of building types. Building types address the scale, siting, and primary intended use of a building. The standards for different building types establish the relationship of buildings to the public realm, and the compatibility of types on a block or street. In combination with use standards, building type standards reinforce the character of different zoning districts. The Director of Community Development shall make a building type determination for developments that do not fit within a building type based on location and/or land use.

[Ord. No. 4862, 10-21-2019]

B. Description Of Residential Building Types.

Table 405.010-1: Residential Building Type Descriptions
Detached House	A building designed to accommodate one primary dwelling unit on its own lot. Variations of this type based on scale and lot size include estate, large-lot, neighborhood lot, small lot and compact lot.	Detached House — Estate
		Detached House — Large Lot
		Detached House — Neighborhood Lot
		Detached House — Small Lot
		Detached House — Compact Lot
Duplex	A building designed to accommodate two primary dwelling units that share a common wall or floor/ceiling. A duplex may be on a single lot, or it may be platted as separate lots along the common wall line subject to platting restrictions. Variations of this type based on scale and lot size include standard lot and neighborhood lot. Other variations applicable to the Downtown Development code relate to configurations of the units and include flat over flat, paired house and tandem house.	Duplex — Standard
		Duplex — Neighborhood
Row House	A building type designed to accommodate 3 to 7 dwelling units where each unit is separated by a common side wall and each has its own private entrance. Units may be on a single lot subject to common ownership restrictions or platted on separate lots along the common wall subject to platting restrictions.
Apartment	A building designed to accommodate multiple dwelling units accessed by a common lobby or halls, but each sharing a common entrance at the building frontage. Variations of this type based on scale and siting include: • Walk-Up — a small footprint/small-lot building, two to four stories, designed for 3 to 12 dwelling units.	Apartment — Walk-Up
	• Low-Rise — a moderate footprint/moderate-lot building, two to four stories, designed for 6 to 24 dwelling units.	Apartment — Low-Rise
	• Mid-Rise — a large footprint/large-lot building, three to five stories with larger variations in special circumstances, designed for 24 to 120 units.	Apartment — Mid-Rise
Apartment Complex	A grouping of apartment buildings in a common development arranged around an internal system of streets/internal access, walkways and common open space. Variations are based on the density of dwelling units per parcel or lot area.
Accessory Dwelling (Building)	A building designed to accommodate a secondary and subordinate dwelling unit on the same lot as a primary dwelling unit. While some accessory dwellings may be in the principle building of a detached house, a common variant is in a detached accessory building, subject to all of the lot and design standards of the district.
Live/Work	A building designed for a primary dwelling unit but has a secondary component — typically at the building frontage — designed for a commercial and occupational function of the resident. Live/work buildings may be on an individual lot (most similar to a small mixed-use building) or attached by a common wall with other live/work buildings (most similar to a row house).
Small Civic Building	A building designed for a small civic, institutional or public use, with the building design and site design creating compatibility with the residential scale and neighborhood character of the area.

C. Permitted Buildings — Residential Zoning Districts. The permitted building types in each residential zoning district are indicated in the following table.

[Ord. No. 4971, 12-21-2020]

Table 405.010-2: Residential District Permitted Building Types
	RE	SF-12	SF-7	TF	MF-10	MF-14	MF-18	N-L	N-O
Detached House — Estate
Detached House — Large Lot
Detached House — Neighborhood Lot
Detached House — Small Lot
Detached Lot — Compact Lot
Duplex — Standard Lot
Duplex — Neighborhood Lot
Row House
Apartment — Walk-Up
Apartment — Low-Rise
Apartment — Mid-Rise
Apartment — Complex
Accessory Dwelling Unit
Live/Work
Small Civic Building
Prominent Civic Building

	=	Permitted.
	=	Limited to specific location criteria in the Zoning District Standards, or discretionary through planned development applications.

D. Description Of Non-Residential Building Types.

Table 405.010-3: Non-Residential Building Type Descriptions
Live/Work	See residential building types.
Small Civic Building	See residential building types.
Small Commercial	A building designed to accommodate a small retail, commercial, service or office function, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context.
Mixed Use	A building designed to accommodate ground floor retail or commercial use with frequent pedestrian interaction, and upper level residential, office or commercial uses that support the overall vitality of retail on the site or in the district. This building is typically 2 to 4 stories. Variations may include a small-footprint small-lot building designed for the potential of a common party wall or with very small setbacks, or buildings designed at the scale of a half-block with multiple tenancies and entrances particularly at street level (occupying the entire street frontage along a single block face).
Pad Site	A free standing building similar to a small commercial building, but on a larger lot that includes more space for frontage designs, landscape and buffers, and access and circulations. While pad site buildings are free standing, better planning and site design can allow a series of these buildings to create improved relationships with major streetscapes and also become screens or liner buildings for larger general commercial buildings which are set back from the public realm.
General Commercial	A basic building type designed to accommodate retail, commercial, service or office functions in a variety of formats and scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use.
Small Industrial/ Workshop	A building designed to accommodate a small light industrial, craft manufacturing or similar commercial use, typically one to two stories. The buildings small footprint and lot, and the design of the frontage and front portion of the building to accommodate customer or patron interaction allows this building type to mix well with other commercial uses in a mixed-use context.
General Industrial	A building designed to accommodate light industrial or general industrial functions at a variety of scales. Variations of this type are based on the scale and intensity of the use and subject to lot and setback standards of the zoning district or any specific use limitations for the intended use.
Prominent Civic Building	A building designed for a significant civic, institutional or public use, with the building design and site design creating a focal point for surrounding area.

E. Permitted Building Types — Non-Residential Zoning Districts. The permitted building types in each non-residential zoning district are indicated in the following table.

[Ord. No. 4971, 12-21-2020]

Table 405.010-5: Non-residential District Permitted Building Types
	NB	SO	GB	RC	LI	HI	PLOS
Live/Work
Small Commercial
Mixed Use
General Commercial
Pad Site
Small Industrial/ Workshop
General Industrial
Small Civic
Prominent Civic

	=	Permitted.
	=	Limited to specific location criteria in Zoning District Standards, or discretionary through planned development applications.

Section 405.020 Residential Building Type Standards.

[R.O. 1996 § 405.020; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4570 § 2, 10-5-2015; Ord. No. 4585 § 3, 2-16-2016; Ord. No. 4723, 3-19-2018; Ord. No. 4795, 2-19-2019; Ord. No. 4862, 10-21-2019; Ord. No. 4971, 12-21-2020]

The following standards apply to residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407.

Detached House — Estate Lot
Lot Size	Frontage width	150 feet minimum
	Area	1 acre minimum; 3 acres for any permitted non-residential use
Setbacks	Front	50 feet minimum
	Side	25 feet minimum
	Corner side	50 feet minimum
	Rear	25 feet minimum
Height		35 feet maximum
Frontage Type		Yard and setback
Design and Performance Standards		Building coverage = 25% of lot area maximum

Detached House — Large Lot
Lot Size	Frontage width	100 feet to 150 feet; minimum 80 feet for lots fronting on the radius of a cul-de-sac
	Area	12,000 square feet to 1 acre
Setbacks	Front	30 feet minimum
	Side	15 feet minimum
	Corner side	30 feet minimum
	Rear	30 feet minimum
Height		35 feet maximum
Frontage Type		Yard and setback
Design and Performance Standards		Building coverage = 35% of lot area maximum

Detached House — Neighborhood Lot
Lot Size	Frontage width	65 feet to 120 feet; minimum 50 feet for lots fronting on the radius of a cul-de-sac
	Area	7,200 square feet to 21,780 square feet
Setbacks	Front	25 feet minimum
	Side	8 feet minimum
	Corner side	25 feet minimum
	Rear	15 feet minimum
Height		35 feet maximum
Frontage Type		Yard and setback; terrace
Design and Performance Standards		Building coverage = 40% of lot area maximum

Detached House — Small Lot
Lot Size	Frontage width	46 feet to 65 feet
	Area	4,500 square feet to 7,200 square feet
Setbacks	Front	25 feet to 40 feet; up to 15 feet on blocks fronting neighborhood street types with terrace frontages
	Side	5 feet minimum
	Corner side	12 feet minimum
	Rear	25 feet minimum, except 4 feet for alley-loaded detached garages
Height		35 feet maximum
Frontage Type		Yard and setback; terrace
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type.

Detached House — Compact Lot
Lot Size	Frontage width	35 feet to 45 feet
	Area	3,000 square feet to 4,500 square feet
Setbacks	Front	25 feet to 40 feet; up to 15 feet on blocks fronting neighborhood street types with terrace frontages or courtyard frontages
	Side	3 feet minimum
	Corner side	12 feet minimum
	Rear	25 feet minimum, except 4 feet for alley-loaded detached garages
Height		35 feet maximum
Frontage Type		Yard and setback; terrace; courtyard
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. Compact lot houses may be arranged on a courtyard pattern with up to 8 units on a lot, provided the lot size shall be at least 0.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only.

Duplex — Standard Lot
Lot Size	Frontage width	80 feet minimum; 40 feet minimum where party wall used
	Area	9,000 square feet minimum; 4,500 square feet minimum where party wall used
Setbacks	Front	50 feet minimum on collector streets; 20 feet minimum all other streets
	Side	10 feet minimum; 0 feet where party wall used; 20 feet minimum distance between buildings
	Corner side	20 feet minimum
	Rear	20 feet minimum, except 4 feet minimum for alley-loaded detached garages
Height		40 feet maximum, up to 3 stories
Frontage Type		Yard and setback; terrace
Design and Performance Standards		Building coverage = 60% of lot area maximum Front-loaded and side-loaded garages shall be setback at least 50 feet from collector streets and 20 feet from all other streets. Residential design standards in Section 407.080 shall apply to all applications of this building type.

Duplex — Neighborhood Lot
Lot Size	Frontage width	65 feet to 80 feet; 32.5 feet to 40 feet where party wall used
	Area	7,200 square feet to 9,000 square feet; 3,600 square feet to 4,500 square feet where party wall used
Setbacks	Front	25 feet to 40 feet; up to 15 feet on blocks fronting neighborhood street types with terrace or courtyard frontages
	Side	8 feet minimum; 0 feet where party wall used
	Corner Side	20 feet minimum
	Rear	20 feet minimum, except 4 feet minimum for alley-loaded detached garages
Height		35 feet
Frontage Type		Yard and setback; terrace; courtyard
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. Duplexes — neighborhood lot may be arranged on a courtyard pattern with up to 6 buildings (or 12 units) on a lot, provided the lot size shall be at least 0.75 times the lot size required for each unit, and all setbacks shall be met on the external lot only.

Row House
Lot Size	Frontage width	16 feet min. to 32 feet max. per unit, plus side or corner side setbacks on corner and end units.
	Area	1,600 square feet min. to 3,200 square feet max. per unit, plus side or corner side setback area on corner and end units.
Setbacks	Front	8 feet min. to 20 feet max.
	Side	5 feet minimum; 0 feet where party wall used.
	Corner side	12 feet minimum
	Rear	20 feet minimum, except 4 feet minimum for alley-loaded garages.
Height		40 feet maximum, up to 3 stories.
Frontage Type		Terrace; courtyard
Design and Performance Standards		Building coverage = 80% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. No more than 8 lots/units may be attached. A minimum 20 feet separation between adjacent buildings is required.

Apartment — Walk-up
Lot Size	Frontage width	45 feet to 65 feet
	Area	4,500 square feet to 7,200 square feet
Setbacks	Front	8 feet to 20 feet
	Side	5 feet minimum
	Corner side	12 feet minimum
	Rear	20 feet minimum, except 4 feet minimum for alley-loaded detached garages
Height		40 feet maximum, up to 3 stories; except 4 stories may be approved by a conditional use process
Frontage Type		Terrace; courtyard
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. Buildings may include 3 to 12 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood. Walk-up apartments may be arranged on a courtyard pattern with up to 6 buildings units or 36 units (whichever is less) on a lot, provided the lot size shall be at least 0.75 times the lot size required for each building, and all setbacks shall be met on the external lot only.

Apartment — Low-Rise
Lot Size	Frontage width	66 feet to 150 feet
	Area	7,200 square feet to 0.5 acre
Setbacks	Front	8 feet to 20 feet
	Side	10 feet minimum
	Corner side	20 feet minimum, except 8 feet if street-facing facade designed to front facade standards
	Rear	20 feet minimum, except 4 feet for alley-loaded detached garages
Height		40 feet maximum, up to 3 stories; except 4 stories may be approved by a conditional use process
Frontage Type		Terrace; courtyard; frontage plaza
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. Buildings may include 6 to 24 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood.

Apartment — Mid-Rise
Lot Size	Frontage width	150 feet minimum
	Area	0.5 acre to 2 acres
Setbacks	Front	20 feet minimum
	Side	20 feet minimum
	Corner side	20 feet minimum
	Rear	20 feet minimum
Height		60 feet maximum, 3 to 5 stories; except up to 10 stories may be approved by a conditional use process
Frontage Type		Terrace; courtyard; frontage plaza
Design and Performance Standards		Building coverage = 70% of lot area maximum Residential design standards in Section 407.080 shall apply to all applications of this building type. Buildings may include 24 to 120 units, provided all parking requirements are met and the parking design meets standards to minimize the impact on the streetscape, adjacent lots and character of the neighborhood.

Apartment — Complex
Lot Size	Frontage width	N/A
	Area	MF-10: 4,000 square feet minimum per ground floor dwelling unit
		MF-14: 3,000 square feet minimum per ground floor dwelling unit
		MF-18: 2,400 square feet minimum per ground floor dwelling unit
Setbacks	Front	50 feet minimum on collector streets; 20 feet minimum all other streets
	Side	10 feet minimum; except 20 feet when adjacent to a less intensive zoning district
	Corner side	10 feet minimum
	Rear	20 feet minimum, except 4 feet minimum for alley-loaded detached garages
Height		45 feet maximum, up to 3 stories, except up to 65 feet and 5 stories in the MF-18 District
Frontage Type		Buffer edge
Design and Performance Standards		Building coverage = 60% of lot area maximum Front-loaded and side-loaded garages shall be setback at least 50 feet from collector streets and 20 feet from all other streets. 8 units per floor maximum MF-10: 10 units per acre maximum MF-14: 14 units per acre maximum MF-18: 18 units per acre maximum Minimum separation of at least 20 feet from all buildings Minimum 40% developed as open space; and a minimum 10% developed as active open space

Accessory Dwelling Unit
Lot Size	Frontage width	Accessory dwelling units are only allowed in association with the detached house building types, and accessory dwelling units in an accessory structure are subject to these standards as well as standards noted in Section 405.060(A)(1).
	Area
Setbacks	Front	A minimum of 5 feet behind the rear building line of the primary building unless attached to, and located with a detached garage in which case a minimum of 10 feet behind the front building line.
	Side	5 feet minimum; except on estate lots, then subject to the primary building standards
	Rear	5 feet minimum; except on estate lots, then subject to the primary building standards
	Side or rear, street facing	20 feet minimum; except on estate lots, then subject to the primary building standards
Height		18 feet up to 1.5 stories; except never more than the primary building
Building separation		Detached accessory dwelling units shall not be located closer than 5 feet to any other building
Design and Performance Standards		Accessory building shall be designed to include the same materials, architectural design, massing and design details as the primary building. The building footprint shall not exceed 50% of the primary building footprint, to a maximum of 700 square feet, and shall count toward the overall building coverage of the lot. The total square footage of the dwelling unit shall not exceed 50% of the primary building square footage, to a maximum of 1,200 square feet.

Live/Work Building
Lot Size	Frontage width	25 feet to 60 feet
	Area	2,000 square feet
Setbacks	Front	0 feet to 10 feet when fronting on a designated activity street or in the NB district generally; 15 feet to 40 feet in all other cases
	Side	5 feet minimum; 0 feet where party wall used
	Corner side	5 feet to 15 feet; except 0 feet when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade
	Rear	10 feet minimum, except 0 feet minimum for alley-loaded lots
Height		15 feet to 30 feet; up to 2 stories
Frontage Type		Terrace; courtyard; frontage plaza; enhanced streetscape frontage
Design and Performance Standards		Transparency = 40% to 80% at street level; 15% to 40% on upper levels Primary entrance feature = 1 per building frontage Building coverage = 70% maximum Parking for live/work buildings in residential neighborhoods shall be limited to no more than 4 spaces per site and/or on-street parking; any on-site parking shall be setback at least 30 feet from the lot frontage and at least 10 feet from side or rear property lines.

Section 405.030 Non-Residential Building Type Standards.

[R.O. 1996 § 405.030; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4570 § 2, 10-5-2015; Ord. No. 4625 § 4, 6,11-21-2016; Ord. No. 4679, 8-21-2017; Ord. No. 4971, 12-21-2020]

The following standards apply to non-residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407.

Small Commercial Building
Lot Size	Frontage width	25 feet to 100 feet
	Area	2,000 square feet to 10,000 square feet
Setbacks	Front	0 feet to 10 feet when fronting on a designated activity street or in the NB District generally; 0 feet to 45 feet in all other cases
	Side	5 feet minimum; 0 feet where party wall used
	Corner side	5 feet to 15 feet; except 0 feet when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade
	Rear	10 feet minimum, except 0 feet minimum for alley-loaded lots
Height		15 feet to 30 feet; up to 2 stories
Frontage Type		Terrace; frontage; plaza; enhanced streetscape frontage
Design and Performance Standards		Transparency = 50% to 80% at street level; 30% to 50% on upper story Primary entrance feature = 1 per building frontage No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation. Building coverage = 90% maximum No surface parking shall be located in front of the front building line; any parking to the side shall be limited to no more than 30% of the lot frontage and screened at the front building line; all other parking shall be located behind the building or otherwise setback from the street at least 30 feet. [Note: parking for small commercial buildings shall use the following priority: (1) on-street parking; (2) shared off-site or public parking areas; (3) parking to the rear and access off an alley or side street; (4) side parking areas.] Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Mixed-Use Building
Lot Size	Frontage width	25 feet to 200 feet, except an entire block frontage may be a single lot
	Area	2,000 square feet to 20,000 square feet, except that an entire block frontage may be a single lot
Setbacks	Front	0 feet to 10 feet
	Side	5 feet minimum; 0 feet where party wall used
	Corner side	5 feet to 15 feet; except 0 feet when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade
	Rear	10 feet minimum, except 0 feet minimum for alley-loaded lots
Height		28 feet to 45 feet; 2 to 3 stories
Frontage Type		Enhanced street front; plaza frontage; courtyard; terrace
Design and Performance Standards		Transparency = 50% to 80% at street level; 30% to 50% on upper story Primary entrance feature = 1 per 75 feet of building frontage; 1 per 50 feet on activity streets No more than 20 linear feet of blank facades along street frontage without transparency, entrances, or architectural ornamentation. Building coverage = 90% maximum Parking shall be designed so as to minimize the visual appearance of the parking area to the public right-of-way and shall meet the minimum standards of Section 407.010 except that shared parking for a mixed use development can occur for complementary uses such as parking for a use that has a peak parking demand during the daytime hours may share their spaces with a use that has a peak parking demand in evening hours, and these spaces can be counted towards the total parking requirement for each use separately. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

General Commercial Building
Lot Size	Frontage width	75 feet minimum
	Area	N/A
Setbacks	Front	0 feet to 10 feet when fronting on a designated activity street; in all other cases: 20 feet in NB district; 25 feet in SO and GB Districts
	Side	0 feet if party wall is used; in all other cases: 10 feet in NB and SO District; 20 feet minimum in GB and RC Districts
	Corner side	0 feet to 10 feet on activity streets when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade; in all other cases: 25 feet
	Rear	25 feet minimum, except 0 feet minimum for alley-loaded lots
Height		45 feet maximum in NB district; 60 feet maximum in SO, GB, and SO Districts
Frontage Type		Buffer edge; on activity streets, 1 of the other eligible frontage types is required
Design and Performance Standards		Building coverage = 65% maximum Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Pad Site Building
Lot Size	Frontage width	75 feet to 200 feet
	Area	Minimum 7,500 square feet
Setbacks	Front	0 feet to 10 feet on activity streets or when fronting on any part of the Civic Open Space System; 10 feet to 45 feet in all other cases
	Side	10 feet minimum
	Corner side	10 feet to 15 feet; except 0 feet to 10 feet when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade
	Rear	20 feet minimum, except 0 feet minimum for alley-loaded lots
Height		15 feet to 30 feet.; up to 2 stories
Frontage Type		Terrace; frontage plaza; or enhanced streetscape frontage buffer edge limited to standard streets
Design and Performance Standards		40% minimum front building line; 60% minimum on activity streets Transparency = 50% to 80% at street level if located on an activity street, 30% or more if located on any other type of street; 30% to 50% on upper story regardless of street type Primary entrance feature = 1 per building frontage on activity streets; side entrances may be permitted on other street types, provided there is a direct pedestrian connection to the entrance from the street frontage Building coverage = 65% of lot area maximum Parking shall generally be located behind the front building line with an exception of up to 10% of the parking may be placed forward of the front building line. Parking directly in front of the building itself is generally discouraged. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Small Industrial/Workshop
Lot Size	Frontage width	25 feet to 100 feet
	Area	2,000 square feet to 10,000 square feet
Setbacks	Front	0 feet to 10 feet when fronting on a designated activity street or in the NB District generally; 0 feet to 45 feet in all other cases
	Side	10 feet minimum; 0 feet where party wall used
	Corner side	5 feet to 15 feet; except 0 feet when the first 30 feet of building frontage on the side street is designed to meet the standards of the front facade
	Rear	10 feet minimum, except 0 feet minimum for alley-loaded lots
Height		15 feet to 30 feet; up to 2 stories
Frontage Type		Terrace; frontage plaza; enhanced streetscape frontage
Design and Performance Standards		Primary entrance feature = 1 per building frontage; at least 15 feet on each side of the entrance shall have an enhanced facade design with 50% to 80% transparency and architectural ornamentation Building coverage = 70% of lot area maximum Parking shall be limited to no more than 12 spaces per site and/or on-street parking; any on-site parking shall be setback at least 15 feet from the lot frontage and at least 5 from side or rear property lines. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

General Industrial Building
Lot Size	Frontage width	75 feet minimum
	Area	N/A
Setbacks	Front	40 feet minimum
	Side	20 feet minimum
	Corner side	40 feet minimum
	Rear	20 feet minimum
Height		45 feet maximum in LI district; 60 feet maximum in HI District
Frontage Type		Buffer edge
Design and Performance Standards		Building coverage = 85% of lot area maximum

Small Civic Building
Lot Size	Frontage width	50 feet to 150 feet in RE, SF-12, SF-7 Districts; 50 feet to 300 feet in all other districts
	Area	5,000 square feet to 1 acre in RE, SF-12, SF-7 Districts; 5,000 square feet to 2.5 acres in all other districts
Setbacks	Front	20 feet to 50 feet
	Side	25 feet minimum
	Corner side	25 feet minimum
	Rear	25 feet minimum
Height		30 feet up to 2 stories; 60 feet up to 4 stories with a conditional use review or through planned development application
Frontage Type		Yard and setback; terrace
Design and Performance Standards		Building coverage = 50% of lot area maximum No parking shall be located within 25 feet of a street frontage or 10 feet of a side or rear property line. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Prominent Civic Building
Lot Size	Frontage width	150 feet minimum
	Area	2.5 to 30 acres; larger lot sizes permitted only as part of a campus plan through the planned development process that considers internal access and circulation with surrounding areas
Setbacks	Front	20 feet to 50 feet
	Side	25 feet minimum
	Corner side	25 feet minimum
	Rear	25 feet minimum
Height		52 feet up to 4 stories; up to 75 feet may be permitted with a conditional use review or through planned development application
Frontage Type		Yard and setback; terrace
Design and Performance Standards		Building coverage = 50% of lot area maximum No parking shall be located within 25 feet of a street frontage or 10 feet of a side or rear property line. Non-residential design standards in Section 407.090 shall apply to all applications of this building type.

Section 405.040 Permitted Uses; Use Table.

[R.O. 1996 § 405.040; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4971, 12-21-2020]

Note: The Use Table is included as an attachment to this Chapter.

Section 405.050 Special Use Standards.

[R.O. 1996 § 405.050; Ord. No. 4558 § 1, 8-3-2015]

A. The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted. Exceptions to these standards may only be considered for approval through the conditional use permit process under Section 403.060, if the City, at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these special use standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest.

[Ord. No. 4839, 7-15-2019]

1. Agriculture, General. General agriculture uses shall require a minimum site area of three (3) acres.

2. Adult Entertainment Establishment.

a. Separation From Other Uses. No adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any RE, SF, TF or MF zoned lot or within one thousand two hundred (1,200) feet of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned RE, SF, TF or MF or that contains the religious assembly, school or park and recreation use.

b. Separation From Other Adult Entertainment Establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment use or within one thousand (1,000) feet of any bar or tavern.

c. Frontage And Access. Adult entertainment establishments shall have at least one hundred (100) feet of street frontage on an arterial street. All vehicle access shall be taken from an arterial street.

d. Screening. The lot on which the use is located shall be screened by solid masonry wall, at least six (6) feet in height along all interior lot lines. A wall shall not be required in those areas where complete visual screening already exists.

e. Building And Parking Area Setbacks. The minimum exterior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be twenty (20) feet. The minimum interior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be ten (10) feet.

f. Windows And Doors. The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment.

g. Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted.

h. Site Plans. Adult entertainment establishments shall be subject to site plan and design review, pursuant to Section 403.070.

3. Animal Care, General And Kennels. All outdoor animal runs shall be located at least seventy-five (75) feet from lot lines abutting SF-7 or less intensive zoning districts. Kennels shall require a minimum lot size of three (3) acres.

4. Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums.

a. Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion.

b. Landscape Buffer. A landscape buffer shall be provided along all property lines abutting any SF-7 or less intensive district. Such buffers shall meet the standards of Section 407.040.

5. Communication Towers. Communication towers shall be subject to the following standards.

a. Principal Use. Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.

b. Setbacks.

(1) The minimum setback between communication towers and all property lines shall be equal to twenty percent (20%) of the height of the tower.

(2) Communication towers shall be set back a minimum of fifty (50) feet from any existing or planned right-of-way.

(3) Communication towers shall be set back a minimum of one hundred (100) feet from the lot line of any MF-18 or less intensive zoning district.

(4) Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any lot line and no closer than ten (10) feet from the lot line of an MF-18 or less intensive zoning district.

c. Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply.

d. Security Fences And Walls. A fence or wall not less than seven (7) feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.

(1) Access to the tower shall be through a locked gate in the required fence or wall.

(2) If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one (1) tree and one (1) shrub shall be required for each thirty (30) linear feet of fence line.

(3) If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE — DANGER."

e. Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

f. Removal Of Obsolete Towers. All obsolete or unused communication towers shall be removed within twelve (12) months of cessation of use.

g. Electromagnetic Radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).

6. Compost Facility. The following standards shall apply to all compost facilities.

a. Landscape Buffer. Compost facilities shall be subject to the landscape buffer standards of Section 407.040, provided that the decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.

b. Traffic Circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The Director of Public Works, Director of Community Development, Planning Commission, or City Council may require a traffic report to be submitted with the conditional use permit application.

c. Storage Bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site.

d. Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from the lot line of SF-7 or less intensive property.

e. Hours Of Operation. Uses shall not operate before sunrise or after sunset. When located within one thousand (1,000) feet of SF-7 or less intensive zoning the use shall not operate after 7:00 p.m. or before 8:00 a.m.

f. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface. A dust suppression plan shall be submitted to minimize neighboring impacts during construction operations.

g. Stormwater Management. A stormwater management plan meeting the requirements of Section 5600 of the City of Blue Springs Design and Construction Manual[1] may be required at the discretion of the Director of Public Works.

[1] Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.

h. Litter Control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition, in accordance with Article II of Chapter 245 of the City Code.

i. Hazardous Material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.

j. Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material.

k. Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources or other agencies with applicable rules or regulations and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

7. Convalescent Care. At least seventy (70) square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.

8. Day Care (Limited, General And Commercial).

[Ord. No. 4585 § 5, 2-16-2016]

a. Day Care, Limited (1-4). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 405.060(A)(4). An Occupational License shall be required prior to the establishment of a limited day care.

b. Day Care, General (5-10). General day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider.

(1) State Licensing. General day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. Overlap care for up to three (3) persons shall be allowed if approved as a part of the license issued by the State.

(2) Residential Districts. In the MF-18 and more restrictive districts, general day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the licensed day care provider, except that an assistant may provide care during necessary absences of the regular day care provider.

(3) Occupational License. An occupational license shall be required prior to the establishment of a general day care.

(4) Conditional Use Permit. A conditional use permit shall be required prior to the use being implemented in any residential zoning district.

c. Day Care, Commercial.

(1) State Licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.

(2) Occupational License. An occupational license shall be required prior to the establishment of a commercial day care.

(3) Vehicle Drop-Off Area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.

9. Golf Courses And Recreational Facilities.

a. Location Of Restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.

b. Location Of Recreation Facilities. Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least twenty-five (25) feet from the property line of any SF-7 or less intensive district.

10. Group Home (limited Or General). Group homes shall be subject to the following standards only when located in an MF-18 or more restrictive district.

a. Spacing. A group home to be located within a residential zoning district shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured as the shortest distance between any portion of the structure in which persons reside.

b. Exterior Appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence if it is in an SF-7 or more restrictive district. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district if it is in an SF-7 or more restrictive district.

c. Neighborhood Character. A group home constructed in an RE, SF or TF District shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.

11. Hospitals. Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion as determined by a traffic study.

12. Landfills And Mining And Quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:

a. Minimum Site Area. In the RE District, the uses shall require a minimum site area of thirty-five (35) acres.

b. Entrances. There shall be no more than one (1) entranceway from a public street for each six hundred sixty (660) feet of street frontage. A traffic report shall be required.

c. Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive property.

d. Separation From Residential. No digging or excavating shall occur within one hundred (100) feet of any lot line or within three hundred (300) feet of the lot line of SF-7 or less intensive property.

e. Paving. All roads, driveways, parking lots and loading and unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit for adjoining lots and public roads the nuisance caused by wind-borne dust.

f. Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.

g. Buffers And Fences.

(1) When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences.

(2) A buffer shall be provided around the site in accordance with the standards of Section 407.040.

h. Stormwater Management. A stormwater management plan shall be required.

i. Site Restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to State and Federal requirements.

(1) Restoration Plan.

(a) Before approval of a conditional use permit for an excavation use, the operator shall submit to the Director of Community Development a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five (5) feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.

(b) The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.

(2) Bonds. Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the Planning Commission as to form, sufficiency and manner of execution, and shall run for the same term as the term of the conditional use permit and any renewals.

(3) Water Quality. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere.

(4) Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan.

(5) Top Soil And Fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission.

(6) City, County, State And Federal Standards. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, Environmental Protection Agency, and Federal Health Department requirements pertaining to facilities, equipment and other features.

13. Mobile Homes, Manufactured Housing Units And Mobile Home Parks. Mobile homes and manufactured housing units shall be located only in mobile home parks that comply with the following standards.

a. Property Development Standards.

(1) Minimum park area: five (5) acres.

(2) Maximum density: seven (7) dwelling units per acre.

(3) Minimum perimeter setbacks: twenty (20) feet; thirty (30) feet when adjacent to rights-of-way and SF-7 or less intensive districts.

b. Streets. Private streets shall be permitted within mobile home parks, provided that they comply with the design standards of Section 406.010 and the City of Blue Springs Design and Construction Manual.[2] Street signs that comply with all applicable City standards shall be provided.

[2] Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.

c. Parking. A minimum of two (2) parking spaces shall be provided for each dwelling unit within the mobile home park. At least one (1) of the two (2) required spaces shall be located on or adjacent to each mobile home/manufactured housing unit space. Head-in parking bays may be permitted on private streets but shall be limited to cul-de-sac bays or other local street where fast moving traffic will not be a hazard. All common parking areas shall be paved in accordance with City standards, including parking spaces on individual mobile home spaces.

d. Recreation And Open Space. At least three hundred (300) square feet of common recreation and open space shall be provided per mobile home/manufactured housing site in the mobile home park. Such recreation and open space area shall be located no further than five hundred (500) feet from any mobile home site served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area.

e. Walkways. Walkways shall be required on one (1) side of all interior streets and accessways and shall provide connections between mobile home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four (4) feet in width and shall meet the design and construction requirements of Section 406.020.

f. Water Supply. All mobile home parks shall be connected to a public water supply. The individual water service connections shall be provided at each mobile home space and the size, location and installation of water lines shall be in accordance with the requirements of the City Plumbing Code.

g. Sewage Disposal. Individual sewer connections shall be provided for each mobile home space and shall be installed in accordance with the City Plumbing Code. All mobile home parks shall be connected to a public sewer system.

h. Storm Drainage Facilities. Drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owners adjacent to and downstream of the mobile home park. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable City Codes and the City of Blue Springs Design and Construction Manual.

i. Underground Utilities. All electric, telephone, and other lines from supply poles outside the park or other sources to each mobile home site shall be underground.

j. Fire Protection. Mobile home parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park to satisfy regulations of the State Fire Marshall and the District Fire Chief.

k. Flammable Liquid Storage. The use of individual fuel oil or propane gas storage tanks to supply each mobile home separately shall be prohibited. Any fuel oil or gas storage shall be centrally located in underground tanks, at a safe distance from any mobile home site. All fuel lines leading to park and to mobile home sites shall be underground and so designed as to conform to the City Building Code and any State codes that are applicable. When separate meters are installed, each shall be located in a uniform manner.

l. Solid Waste. All garbage and trash containers shall be placed in a conveniently located, similarly designed, enclosed structure. The removal of trash shall take place not less than once a week. Individual incinerators shall be prohibited.

m. Landscaping. A landscape buffer that complies with the standards of Section 407.040 shall be provided and maintained along all boundaries of a mobile home park except at established entrances and exits.

n. Mobile Home Spaces Within Mobile Home Parks. Individual mobile homes within mobile home parks and mobile home spaces within mobile home parks shall comply with the standards of this Section.

(1) Minimum Size Of Mobile Home Space. Each mobile home space within a mobile home park shall contain at least three thousand (3,000) square feet of site area and be at least forty (40) feet in width.

(2) Access. Each space shall have access to a paved interior roadway. In no case shall access to mobile home spaces be provided from abutting property.

(3) Clearance. Each space shall be located so that at least ten (10) feet of clearance will be maintained between mobile home units and other structures in the park.

(4) Setbacks. Mobile home units shall be located at least fifty (50) feet from the centerline of interior streets and accessways. Mobile home units shall also comply with the perimeter setbacks of Section 405.050(A)(13)(a).

(5) Skirting. Uniform skirting of each mobile home base shall be required within thirty (30) days of placement of the mobile home. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile home so as to deter and prevent entry of rodents, reptiles and insects.

(6) Stands. Each mobile home site shall be provided with a stand consisting of a solid concrete pad not less than four (4) inches thick, and not more or less than the length and width of the mobile home to be placed upon it. This pad shall be so constructed, graded, and placed to be durable and adequate for the support of the maximum anticipated load during all seasons.

(7) Tie-Downs. Each mobile home shall be supported on uniform jacks or locks and tied down as required by the City Code and State law.

(8) Outdoor Patio. An all-weather hard surfaced outdoor patio area of not less than one hundred eighty (180) square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities to provide suitable outdoor living space to supplement the limited interior spaces of a mobile home.

(9) Canopies And Awnings. Canopies and awnings may be attached to any mobile home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the Codes Administrator, before such enclosure can be used for living purposes.

(10) Utility Hookup. Each space shall have hook-up facilities for water, sewer, electricity, telephone and cable TV service. All occupied mobile homes shall have and use sanitary facilities contained wholly within the mobile home.

14. Recreation And Entertainment, Outdoor. Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least two hundred (200) feet from any adjacent SF-7 or less intensive district.

15. Neighborhood And Community Assembly.

a. Entrances. Any lot containing an assembly use shall have direct access to a collector or arterial street.

b. Assembly uses in any residential district or less intensive district shall place all utilities underground.

c. Building Types. Assembly uses in any residential district shall be limited to the small civic building type, including the location criteria, standards and limits of that building type.

d. Bus Parking. Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred (100) feet from the lot line of a lot zoned SF-7 or less intensive. Any such parking area shall be screened from view of adjacent SF-7 and less intensive districts by a landscape buffer that complies with the standards of Section 407.040.

16. Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards.

a. Separation From Residential. No salvage yard shall be located within three hundred (300) feet of an SF-7 or less intensive district.

b. Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.

c. Loading/Unloading. No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.

17. Solid Waste Collection/Processing Facilities. The following standards shall apply to solid waste collection/processing facilities.

a. Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.

b. Traffic Circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.

c. Storage Bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened from view off-site as part of the operation.

d. Loading/Unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition, in accordance with Chapter 245 of the City Code.

e. Separation From Residential. No structures shall be located within three hundred (300) feet of SF-7 or less intensive property.

f. Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive zoning.

g. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.

h. Stormwater Management. A stormwater management plan may be required at the discretion of the Director of Public Works.

i. Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

j. Time Limit And Renewal Of Conditional Use Permit. The conditional use permit shall be effective for one (1) year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the conditional use permit shall be established at the public hearing. The conditional use permit shall be revoked by the Director of Community Development if it is determined by the Director of Community Development that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.

18. Transitional Living Centers. Transitional living centers shall be subject to the following standards.

a. Size. No more than ten (10) persons, including staff, shall reside in the center at one (1) time.

b. Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school or SF-7 or less intensive property.

19. Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards And Vehicle Repair (General).

[Ord. No. 4723, 3-19-2018]

a. All vehicle and equipment storage areas and parking areas shall be surfaced with:

(1) Five (5) inches of concrete;

(2) Six (6) inches of asphalt; or

(3) Three (3) inches of asphalt combined with eight (8) inches of aggregate base and subgrade base.

(4) Any other pavement or surface material must be structurally equivalent to the above as determined by a licensed engineer in the State of Missouri to the satisfaction of the Director of Public Works, but all such areas shall be dust free.

b. "Vehicle Repair, General" uses may be permitted in the "RC" (Regional Commercial) Zoning District only when accessory to a permitted "Outdoor Sales And Services — Equipment."

20. Outdoor Advertising. A conditional use permit for Outdoor Advertising shall not be granted unless the proposed outdoor advertising signage complies with all applicable requirements of Chapter 501, Sign Code, and it is found that the proposed signage will:

[Ord. No. 4885, 2-3-2020]

a. Not eliminate an adequate supply of light or air to adjacent property nor endanger the safely of the public;

b. Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood;

c. Not block the view from any public way of legal signs previously existing on adjacent property;

d. Not be an obtrusive or incompatible sign that would injure the character of the neighborhood;

e. Not obstruct significant views and vistas;

f. Not obstruct vision where such obstruction could create a traffic hazard; and

g. Be in keeping with the general spirit and intent of this Development Code.

21. Service Station, Automotive And Vehicle Repair (Limited). The following regulations shall apply to all automotive service stations, vehicle repair (limited) uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station."

a. A traffic study shall be required for all automotive service stations. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns as outlined in the Public Works Design and Construction Manual,[3] and the conditional use shall not be granted unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow.

[3] Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.

b. If the applicant intends to remain open for business past 10:00 p.m., the City may require that the buffer type to be located between the business and any residentially zoned property shall be a "Buffer D" as set forth in Section 407.040 if vehicle headlights from any customer's vehicles entering, parking, standing, or exiting would shine on to the residentially zoned property.

c. If the site cannot be screened from residential property such that vehicle headlights will not shine on to residentially zoned property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the Planning Commission.

d. Applicants shall indicate whether said business will sell alcoholic beverages, maintain video games for use by customers, sell prepared food for consumption on the premises or off the premises, provide car washing services, perform mechanical repairs on motor vehicles, provide an automatic teller machine or sell grocery type items. The conditional use granted shall specify whether or not the business is authorized to perform any or all of these functions. In evaluating the conditional use pursuant to Section 403.060, the impact of any and all of the foregoing items on the surrounding area or its development may be considered. When parking is calculated for such a business, all of the various types of operations combined within that business shall be considered to assure that adequate parking is provided.

e. The design, location, covering, colors, and screening of the gas pumps, shall be such that they are compatible with the design of the building.

22. Recycling Collection Centers. The following standards shall apply to recycling collection centers.

a. Minor.

(1) Screening. All business activities and operations such as loading and unloading storage and the like shall be conducted wholly within a non-combustible building, except as allowed by Section 405.060(A)(5).

(2) Storage Bins. No storage bins shall be placed outside the enclosed building except as allowed by Section 405.060(A)(5).

(3) Loading/Unloading. No solid waste or recyclable materials shall loaded, unloaded, or otherwise placed either temporarily or permanently outside an enclosed building except as allowed by Section 405.060.

(4) Building Orientation. Any building shall be oriented so that access doors for vehicles do not face public right-of-way or residentially zoned property unless there is an intervening building located between the use and the public right-of-way or residentially zoned property.

(5) Paving. There shall be a minimum paving setback of twenty-five (25) from any public right of way; thirty (30) feet from residentially zoned property; and ten (10) feet from non-residentially zoned property. All roads, driveways, parking lots and loading and unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

(6) Maintenance. The property shall be maintained by the proprietor so as to ensure maximum safety to the public, obscure recyclables from normal view of the public, and preserve the general welfare of the neighborhood. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.

(7) Hours Of Operation. Uses shall not operate before 7:00 a.m., or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.

(8) Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.

(9) Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection center (minor) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.

b. Major.

(1) Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way by a six (6) foot to eight (8) foot tall, one hundred percent (100%) opaque, solid screen or will be wholly contained within a structure.

(2) Storage Bins. Storage bins or trailers must be durable, covered and water tight and meet the setbacks of the underlying zoning district.

(3) Loading/Unloading. No solid waste or recyclable materials shall be placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except for the loading/unloading of the storage bins.

(4) Separation From Residential. No structures or bins shall be located within three hundred (300) feet of SF-7 or less intensive property.

(5) Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.

(6) Maintenance. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.

(7) Hours Of Operation. Uses shall not operate before 7:00 a.m. or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.

(8) Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.

(9) Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection centers (major) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.

23. Vehicle/Equipment Sales. The following standards shall apply to vehicle and equipment sales.

a. Paving Area Setback. There shall be a minimum of twenty-five (25) feet from the street right-of-way, thirty (30) feet from MF-14 or less intensive use, and ten (10) feet from GB, LI, HI.

b. Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on-site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street unloading area.

c. Driveways. The total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way.

d. Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.

e. Screening.

(1) All repair and service facilities shall be conducted within an enclosed building. Such repair and service facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building located between the use and the residential or public right-of-way. Such intervening building shall be located on site.

(2) The use of landscaped berms shall be incorporated whenever possible.

24. Car Wash — Vehicle Repair (General And Limited). The following standards shall apply to car washes and vehicle repair (general and limited):

a. Service bays and other vehicular use areas shall be designed so that they do not face any residential uses. The Director of Community Development may recommend, and the Planning Commission may approve an increase of the landscape buffer to protect neighboring residential property.

25. Vehicle Rental Establishments — Standards For Operation. The following standards shall apply to vehicle rental establishments as defined in Section 411.030(A)(5), "Outdoor Sales And Services — Equipment." All other businesses that rent vehicles or equipment shall fall under vehicle/equipment sales and must comply with the standards set forth in Section 405.050(A)(23).

a. Inventory. All vehicles permanently stored on site must be in the agency's active rental fleet. The maximum number of vehicles to be stored on the site must be approved as part of the conditional use permit. No vehicle stored on site shall be greater than two (2) years of age or have a passenger capacity of greater than fifteen (15) passengers, except that no more than three (3) passenger vans with a twelve to fifteen (12 — 15) person capacity may be stored on the property for a period of time not to exceed twenty-four (24) hours.

b. Operable, Dismantled Or Damaged Vehicle. There shall not be any inoperable, dismantled or damaged vehicles outside of the building on the property (site) at any time.

c. Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040. The use of landscaped berms shall be incorporated whenever possible.

d. Maintenance. The operation shall be attended on days of operation to maintain the property in a clean and organized manner, such that automobiles are parked in an organized fashion, so the site will not to be considered by the City to be detrimental to adjacent properties.

e. Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.

f. Paving. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.

g. Paving Area Setback. There shall be a minimum of twenty-five (25) feet on the street right-of-way, thirty (30) feet from SO or less intensive use and ten (10) feet from a GB, RC, LI or HI District. Vehicle storage or display area shall not encroach upon a required parking/paving setback.

h. Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street loading/unloading area. Vehicles stored on site must be contained in an appropriately paved area separate from required parking spaces. No vehicles shall be parked in any landscape area on the property or within the street right-of-way.

i. Screening. All automobile/vehicular maintenance services shall be conducted within an enclosed building. Only maintenance services, not repair services, shall be allowed on site. Such maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Section 407.040, excepting that said buffer shall have a minimum of forty-five (45) plant units per one hundred (100) linear feet of which a minimum of seventy-five percent (75%) shall be large deciduous or evergreen trees located between the use and the residential or public right-of-way. Such intervening building shall be located on site.

j. Fueling Stations. Neither gasoline or fuel for rental or non-rental vehicles shall be kept, sold or dispensed on the site.

k. Separation From Residential. No vehicular parking shall be located within thirty (30) feet of SF-7 or less intensive property.

l. Temporary Signage. The use of temporary signage shall be kept to a minimum as determined by the City of Blue Springs and shall be in accordance with Chapter 501 of the City Code.

m. Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Motor Vehicles and shall meet all City, County, State and Federal requirements pertaining to the facilities involved in vehicular rental practices.

n. Driveways And Access. Driveways and roadway access shall be constructed and maintained in accordance with Section 407.020 and as directed and approved by the City's Public Works Director.

26. Short-Term Loan Service.

[Ord. No. 4863, 10-21-2019]

a. Separation From Other Uses. No short-term loan service establishment shall be shall be allowed to locate or expand within two hundred (200) feet of any RE, SF, T3, T4, TF or MF zoned lot or within one thousand five hundred (1,500) feet of any school, elementary, middle or high, or parks and recreation use as those terms are defined in the City Code. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that is zoned RE, SF, TF, or MF or that contains the school, elementary, middle or high, or parks and recreation use.

b. Separation From Other Short-Term Loan Service. No short-term loan service establishment shall be allowed to locate or expand within two thousand five hundred (2,500) feet of any other short-term loan service use or within two thousand five hundred (2,500) feet of any pawnshop or precious metal and gem dealer as they are defined in Section 650.010 and Section 615.010, respectively. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that contains the other short-term loan service or the pawnshop or precious metal and gem dealer use.

c. Separation From City Limits. No short-term loan service establishment shall be allowed to locate or expand within two thousand five hundred (2,500) feet of City of Blue Springs boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest City limits boundary line.

d. Limitation On Number. Not more than one (1) conditional use permit for a short-term loan service shall be issued per each increment of twelve thousand (12,000) persons that make up the population of the City of Blue Springs. The population of the City, for the purpose of this Section, shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January 1 of each year.

e. Site Plans. Short-term loan service establishments shall be subject to site plan and design review pursuant to Section 403.070.

27. Micro-Wind Turbines.

a. Micro-wind turbines (MWT) shall comply with all applicable regulations in Section 408.040.

b. Micro-wind towers shall only be allowed in conjunction with a conditional use permit (CUP) pursuant to the provisions of Section 403.060 of the UDC.

c. Micro-wind turbines in the Adams Dairy Parkway Overlay District do not require appearance review.

d. Individual monopole MWT towers shall not exceed sixty (60) feet above the ground, including the tower and blade radius. Use of lattice type towers or structures is prohibited.

e. Maximum aggregate wind turbine height for all MWTs on a parcel shall be two hundred (200) feet.

f. MWTs are limited to providing electricity up to ten (10) kilowatts.

g. MWTs shall be mounted on a freestanding monopole only. Building-mounted systems are prohibited.

28. Haunted House. (Note: These special use standards also apply in Zone T4 and Zone T5 of the DDC.)

a. Haunted House. Haunted houses must meet any and all the requirements for and provisions of assembly: Group A-3 buildings and occupancies and special amusement buildings (Sections 411.1 — 411.8) in the 2006 International Building Code as well as any future amendments thereto in the IBC and in instances where the requirements are different, the most restrictive requirements shall be met.

(1) Any retail services included within haunted houses shall be considered secondary to the primary use of entertainment purposes.

(2) Noise Regulations. The use of loud speakers or other exterior amplification devices such that they are heard across a residential or commercial real property boundary is prohibited.

(3) The exterior lighting regulations of the Unified Development Code, Section 407.060 shall be applicable.

(4) Parking regulations.

(a) Indoor haunted houses: one (1) per four hundred (400) square feet.

(b) Outdoor haunted houses: Schedule C.

(5) Hours Of Operation. Uses shall not operate between 12:00 a.m. and 6:00 a.m.

(6) Out-Of-Doors Security And Crowd Control. It shall be the responsibility of the operator of the haunted house/special amusement building to provide out-of-doors security and/or crowd control as deemed necessary by the City.

(7) The operator of a haunted house/special amusement building shall provide out-of-doors covered receptacles for trash and aluminum can/plastic bottle recycling as needed to control litter and to offer those waiting the opportunity to properly dispose of trash/recyclables.

(8) Signage is subject to the regulations defined in Chapter 501, Sign Code.

(9) As a condition precedent to a license being issued for operation of a haunted house use, the applicant shall furnish to the City a certificate of insurance, in a company approved by the Finance Director, meeting the following requirements:

(a) The policy shall provide for liability insurance with a combined single-limit policy of five hundred thousand dollars ($500,000.00).

(b) The City shall be added as an additional insured to such policy by separate endorsement and a copy of said endorsement shall be provided to the City.

(c) The policy shall contain a separate endorsement, if such an endorsement is available, requiring the insurance company to notify the City, in writing, of any material change in or cancellation of the policy at least ten (10) days prior thereto, but in any event the applicant shall notify the City of any impending cancellation, actual cancellation, termination or non-renewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation or non-renewal notice to applicant within two (2) business days of applicant's receipt of said notice.

(d) Before the license is issued or renewed, the permittee shall deposit with the City a certificate of insurance evidencing that the endorsements required by Subsection (A)(28)(a)(9)(b) and (c) of this Section have been issued.

29. Indoor Shooting Ranges. Indoor shooting ranges shall be subject to the following standards and requirements:

a. The use, occupancy and construction of the building shall be of materials that will contain all fired rounds within the confines of the building.

b. The use shall comply with the applicable State of Missouri Statutes relating to businesses and pollution control.

c. The use shall conform to applicable Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.

d. If retail sales and/or repair of firearms and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms and any other applicable State and Federal laws or regulations.

e. The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a professional engineer or architect registered in the State of Missouri and designed with consideration of most current edition of "The Range Source Book" as published by the National Rifle Association.

f. The certified plans shall include specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall also state what type and caliber of ammunition the range is designed to totally confine.

g. No ammunition shall be used in the range that exceeds the certified design and construction specifications for the firing range. Maximum design specification shall be posted inside the range.

h. An alarm system, cut-wire protected, shall be supplied to provide security for the general premises.

i. On-site supervision shall be supplied at all times that the range is open for business by an adult with credentials as a qualified range master.

j. The transport of firearms on the premises shall conform to State and Federal laws.

k. Persons under the age of eighteen (18) shall not be allowed in the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted in the premises.

l. The hours of operation for the range shall be limited to the hours of 6:00 a.m. to 11:00 p.m.

m. Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an indoor shooting range.

30. Outdoor Shooting Ranges. Outdoor shooting ranges shall be subject to the following standards and requirements:

a. The use shall comply with the applicable State of Missouri Statutes relating to businesses, noise, and pollution control.

b. On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master.

c. The transport of firearms on the premises shall conform to State and Federal laws.

d. Persons under the age of eighteen (18) shall not be allowed at the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted near the entry of the firing range.

e. Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an outdoor shooting range.

f. The applicant and/or owner of any outdoor shooting range shall provide the City with a detailed program explaining the hours of operation, range procedures, method of containment for projectiles and spent shell casings, and methods of disposal for lead and various other metals associated with the outdoor shooting range use.

g. The hours of operation for an outdoor shooting range shall be limited from 6:00 a.m., to 10:00 p.m., daily. Also, the use of any loudspeaker or similar device shall be limited to between the hours of 6:00 a.m., and 10:00 p.m.

31. Building Or Construction Contractor (With Machinery, Equipment, Or Storage). Building or Construction Contractor (with machinery, equipment, or storage) shall be subject to the following standards and requirements:

[Ord. No. 4625 § 7, 11-21-2016; Ord. No. 5163, 11-7-2022]

a. All storage of machinery and equipment shall be placed in the rear or non-street corner sides of the building and screened from street view and, if adjacent to less-intensive zoning districts, with an opaque fence between six (6) feet and eight (8) feet tall to screen the storage area. Screening shall be coordinated with the building to maintain a unified appearance.

b. Storage areas located further than three hundred (300) feet from the street or adjacent properties and not readily visible from the street or adjacent properties need not provide screening.

c. When located in the General Business – GB Zoning District, a conditional use permit is required, and shall be considered based upon the following additional standards:

(1) Unless otherwise approved as part of the conditional use permit process;

(a) No front or street-facing building façade facing an arterial or collector street shall be modified to include overhead doors for the proposed building or construction contractor land use. Overhead doors may only be located on side or rear facades of a building.

(b) All storage of trailers, company vehicles or other similar equipment may not be located within the required front or street side of the building in the GB Zoning District.

(c) The building or construction contractor land uses shall not alter the essential character or negatively impact the building, site, or surrounding properties and businesses.

32. Tobacconist. Tobacconists shall be subject to the following standards and requirements:

[Ord. No. 4723, 3-19-2018; Ord. No. 4864, 10-21-2019]

a. As a conditional use, a tobacconist may not locate or expand any existing operation within five hundred (500) feet of any other tobacconist or any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the tobacconist and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park.

b. No permit or license may be issued for a tobacconist where it is determined that the total number of such facilities will exceed a population density factor of one (1) such establishment per twelve thousand (12,000) residents based on the last decennial census.

33. Body Art Service. Body art services shall be subject to the following standards and requirements:

[Ord. No. 4723, 3-19-2018]

a. As a conditional use, body art services may not locate or expand any existing operation within five hundred (500) feet of any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the body art service and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park.

b. No permit or license may be issued for a body art service establishment where it is determined that the total number of such facilities will exceed a population density factor of one (1) such establishment per fifteen thousand (15,000) residents based on the last decennial census. This shall not restrict multiple artists from co-locating in an establishment.

34. Marijuana Dispensary. Marijuana dispensaries shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana dispensary without complying with the following regulations:

[Ord. No. 4826, 5-20-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. Marijuana dispensary facilities shall comply with Section 407.050, Operation And Performance.

b. Buffer Requirement. No marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as it is defined under 19 CSR 30-95.010 Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business.

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

35. Marijuana Cultivation Facility. Marijuana cultivation facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana cultivation facility without complying with the following regulations:

[Ord. No. 4826, 5-20-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. Marijuana cultivation facilities shall comply with Section 407.050, Operation and Performance.

b. Buffer Requirement. No marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

36. Marijuana Testing Facility. Marijuana testing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana testing facility without complying with the following regulations:

[Ord. No. 4826, 5-20-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. Marijuana testing facilities shall comply with Section 407.050, Operation And Performance.

b. Buffer Requirement. No marijuana business shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business.

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

37. Marijuana-Infused Products Manufacturing Facility. Marijuana-infused products manufacturing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana-infused products manufacturing facility without complying with the following regulations, in addition to all applicable provisions of the UDC for the development and improvement of property:

[Ord. No. 4826, 5-20-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. Marijuana-infused products manufacturing facilities shall comply with Section 407.050, Operation And Performance.

b. Buffer Requirement. No marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business.

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan and Design. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with the video surveillance requirements in Section 610.270 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facilities shall comply with Section 407.090 Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

38. Marijuana Uses. Marijuana uses, not including transportation facilities, dispensary, testing facilities, marijuana-infused products manufacturing, and cultivation facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana use without complying with the following regulations:

[Ord. No. 4826, 5-20-2019; Ord. No. 4839, 7-15-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. All marijuana uses shall comply with Section 407.050, Operation And Performance.

b. Buffer Requirement. No marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business.

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facilities shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

39. Marijuana Transportation Facility. Marijuana transportation facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a marijuana use without complying with the following regulations.

[Ord. No. 4839, 7-15-2019; Ord. No. 4848, 9-4-2019; Ord. No. 5192, 3-6-2023]

a. All marijuana uses shall comply with Section 407.050, Operation and Performance.

b. Buffer Requirement. No marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day care center, or church.

(1) In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church 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, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church 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.

(4) For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010, Definitions.

c. 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.

d. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana business.

e. Hours Of Operation. All marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.

f. 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.

g. Residential Dwelling Units Prohibited. No marijuana business shall be located in a building that contains a residence.

h. Ventilation Required. All marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

i. Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.

j. All facilities shall comply with video surveillance requirements in Section 610.300 or as otherwise determined by the State regulations.

k. Architecture. Any new development, building addition or exterior renovation for a marijuana use or facilities shall comply with Section 407.090, Non-Residential Design Standards. Exterior building facades shall be designed with high-quality materials to be complementary with the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this, include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.

40. Marijuana Warehouses. Marijuana warehouses as described under 19 CSR 30-195.040 shall be subject to the same standards as the associated marijuana use listed in Section 405.050(A). All warehouses associated with marijuana uses are subject to the zoning requirements as listed in the Table 405.030-1, Use Table and permitted only in Storage—residential warehouse and Storage—warehouse/wholesale uses.

[Ord. No. 4839, 7-15-2019; Ord. No. 5192, 3-6-2023]

Section 405.060 Accessory Uses.

[R.O. 1996 § 405.060; Ord. No. 4558 § 1, 8-3-2015]

A. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this Development Code. Exceptions to these standards may only be considered for approval through the conditional use permit process under Section 403.060, if the City, at its' sole discretion, determines that sufficient evidence exists demonstrating that the exceptions to the standards are warranted due to unique physical or operational aspects of the use, and that strict application of these special use standards is inappropriate or impractical for a certain use in a specific situation and would create unforeseen practical difficulties for the property owner, and there will be no ill effects detrimental to the public health, safety, welfare, or public interest.

[Ord. No. 4862, 10-21-2019]

1. Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

a. Fences and walls, subject to Section 407.040;

b. Garages, carports and off-street parking and loading areas, provided that a detached garage or carport shall not cover more than ten percent (10%) of the total lot area;

[Ord. No. 4723, 3-19-2018]

c. Gardens;

d. Gates and guard houses;

e. Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units;

f. Home occupations, subject to Section 405.060(A)(4);

g. Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, provided that such buildings shall not cover more than ten percent (10%) of the total lot area. Storage buildings that have been converted from a wheeled trailer, a portable storage container or a roll-off trash container, as the latter two (2) are defined in Chapter 270 of the Code of Ordinances, are unlawful and shall not constitute a residential accessory use;

[Ord. No. 4723, 3-19-2018]

h. Radio and television receiving antennas and support structures, subject to the partial height exemption of Section 411.020(F);

i. Recreational and play facilities for residents;

j. Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes, and in the paved driveways of private homes. Stored vehicles or equipment shall not protrude onto public property, right-of-way or obstruct any sidewalks. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding fourteen (14) days in a calendar year;

k. Storm shelters and fallout shelters;

l. Accessory living units not exceeding seven hundred fifty (750) square feet or ten percent (10%) of the total lot area, whichever is less. Accessory living units shall count towards the total allowable area for accessory structures on a property. Only one (1) accessory living unit is allowed per residential lot and only as accessory to a principal structure; and

m. Solar energy system subject to Section 405.060(A)(8).

[Ord. No. 4837, 7-1-2019[1]]

[1] Editor's Note: Ord. No. 4837 also relettered former Subsection (A)(1)(m) to be Subsection (A)(1)(n).

n. Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility.

2. Non-Residential Accessory Uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

[Ord. No. 4739, 5-7-2018]

a. Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;

b. Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel;

c. Fences and walls, subject to Section 407.040;

d. Gates and guard houses;

e. Offices for allowed business and industrial uses when the office is located on the same site as the principal use;

f. Parking garages and off-street parking areas;

g. Radio and television receiving antennas, which only receive and do not transmit, and support structures, subject to the partial height exemption of Section 411.020(F);

h. Restaurants, newsstands, gift shops, specialty shops associated with the use, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building or a parks and recreation location or facility, government service, religious assembly or golf course use;

i. Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;

j. Recycling collection stations, subject to Section 405.050(A)(22);

k. The storage of merchandise when located within the same building as the principal business;

l. Aboveground tanks for the storage of flammable liquids, subject to Section 405.060(A)(7);

m. Solar energy system subject to Section 405.060(A)(8);

[Ord. No. 4837, 7-1-2019[2]]

[2] Editor's Note: Ord. No. 4837 also relettered former Subsection (A)(2)(m) to be Subsection (A)(2)(n).

n. Outdoor dining and seating areas; and

[Ord. No. 5017, 7-7-2021]

o. Other necessary and customary uses determined by the Director of Community Development to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Director of Community Development to ensure land use compatibility.

[Ord. No. 5017, 7-7-2021]

3. Accessory Use Development And Operational Standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided.

a. Front Yard Or Street Side Yard Setback. No accessory structure, other than a fence or non-load bearing wall, shall be located within a required Front Yard or Street Side Yard setback. See fence regulations of Section 407.040(D)(3).

b. Rear Yard Setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures, other than fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side or rear lot lines, except for accessory living units which shall be subject to the standards provided in Section 405.020, Accessory Dwelling Unit. A street facing rear yard shall be required to setback accessory structures a minimum of eight (8) feet except accessory dwelling units which shall be subject to the provision of Section 405.020, Accessory Dwelling Unit.

c. Side Yard Setbacks. Accessory structures shall not be required to comply with the interior side setback standard that applies to principal uses. Accessory structures, other than accessory dwelling units, fences or non-load bearing walls, shall, however, be set back at least two and one-half (2 1/2) feet from side property lot lines and shall be located no closer than ten (10) feet behind the front building line of the principal building on the lot. Notwithstanding the foregoing, accessory structures shall comply with, and not be located within, any front yard setback and, if located in a street facing side yard setback, shall be setback at least eight (8) feet from the side property lot line, except for accessory living units which shall meet the minimum setback requirements of Section 405.020, Accessory Dwelling Unit.

d. Setbacks From Easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement (other than a drainage easement), or over any known utility.

e. Height. No accessory structure shall exceed the height of the principal structure or sixteen (16) feet, whichever is less, except accessory structures within the “RE” (Residential Estate) zoning district shall not exceed thirty-five (35) feet in height when the side and rear setback requirements for accessory structures are increased to a minimum of twenty-five (25) feet.

[Ord. No. 4723, 3-19-2018; Ord. No. 4862, 10-21-2019]

f. Building Separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.

g. Building Coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area unless otherwise specifically provided. Accessory buildings and structures shall be included in the calculation of total building coverage.

4. Home Occupations. Home occupations shall be allowed as an accessory use in residential dwellings or accessory structures in any residential district subject to the following provisions.

[Ord. No. 5163, 11-7-2022]

a. Purpose And Intent. It is the purpose and intent of these requirements to:

(1) Maintain neighborhood integrity and preserve the residential character of neighborhoods by encouraging compatible land uses;

(2) Provide residents of the City with an option to utilize their residences as places to enhance or fulfill personal economic goals as long as the choice of home occupations does not infringe on the residential rights of neighbors;

(3) Establish criteria for operating home occupations in dwelling units; and

(4) Ensure that public and private services such as streets, sewers, water or utility systems are not burdened by home occupations to the extent that usage significantly exceeds that which is normally associated with a residence.

b. General Provisions. Home occupations shall be permitted as accessory uses within principal residential dwellings or residential accessory structures in any district provided they meet the following conditions and all requirements of the district in which located:

(1) Home occupations shall be interpreted to mean home-based business or home-based work.

(2) The home occupation must be clearly incidental and secondary to the primary residential use of the dwelling, and the owner or operator of the home occupation shall be an owner or tenant of the residence and must reside at the residence.

(3) The home occupation must not change the outside appearance of the dwelling.

(4) Exterior signage, in addition to any allowable signage under Chapter 501, Sign Code, for a home occupation is prohibited.

(5) The home occupation must not generate traffic, parking, sewerage or water use in excess of what is normal or customary in a residential neighborhood and shall comply with the provisions of Section 407.050, Operation and Performance Standards of the UDC.

(6) The home occupation shall not create a hazard to person or property, result in electrical interference, or become a nuisance in the neighborhood.

(7) Business-related activity, including storage or use of equipment, may occur inside the dwelling unit, inside the accessory structure, or in the yard of the residential dwelling unit, but shall not be visible from the street.

(8) The total number of employees and clients on-site at one (1) time shall not exceed the occupancy limit for the residential dwelling or accessory structure.

(9) Deliveries of materials to and from the premises in conjunction with the home occupation shall not require the use of vehicles other than parcel post or similar parcel service vehicles.

(10) Noise, vibration, smoke, odors, heat or glare as a result of a home occupation, which would exceed that normally produced by a single residence, shall not be permitted.

(11) The home occupation shall not utilize more than one (1) private commercial vehicle limited to one (1) ton capacity. The vehicle shall be capable of being parked or stored inside the garage and shall be required to be kept in said garage when not in use for the home occupation.

(12) The primary use of the building in which the home occupation is situated shall clearly be the dwelling used by the person as his/her private residence.

(13) Home occupations shall maintain required licenses mandated by applicable State and/or Federal laws and be required to pay all applicable taxes.

(14) Home occupations shall not be required to obtain a business license from the City, except as otherwise provided in Chapter 605 of the City Code.

(15) Persons intending to operate a home occupation should notify any active or appropriate HOA, Home Owners Association, in which the home is located of their intent prior to beginning operations. Said notification is to provide the HOA with notice of intent only.

(16) To protect the public health and safety, home occupations shall be subject to the same special use standards as outlined in Section 405.050 pertaining to short-term loan service, tobacconist, and body art service.

5. Recycling Collection Stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards:

a. Maximum Size And Approval Required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed five hundred (500) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Section 403.070.

b. Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a minimum six (6) foot tall, one hundred percent (100%) opaque, solid screen or be wholly contained within a structure. At no point may a storage container surpass the height of its screening element.

c. Separation From Residential. Recycling collection station structures shall be located at least one hundred fifty (150) feet from adjacent property zoned SF-7 or less intensive.

d. Reverse Vending Machines. Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes. Reverse vending machines for the sale or collection of phones, iPhones, smart phones or similar devices shall not be allowed.

e. Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling site in a clean and safe condition and shall pick up any recycle materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.

f. Hours Of Operation. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Director of Community Development.

g. Signs. A directional sign indicating the location of the recycling structure shall be no larger than six (6) square feet and shall be located as indicated on the site plan.

h. Storage Bins. Storage bins or trailers must be durable, covered, and water tight and meet the setback of the underlying zoning district.

6. Single-Bay, Automatic Car Washes. Single-bay car washes shall be allowed as an accessory use in a service station (automotive) or vehicle and equipment sales use in accordance with the following standards:

a. Bay doors or car wash entrances shall be designed so that they do not face residential uses.

7. Aboveground Tanks For The Storage Of Flammable Liquids. The aboveground storage of flammable liquids shall be allowed as an accessory use to only those principal uses listed under Section 411.030(A)(8), Industrial Use Group, "Agriculture — Limited," and "Building or construction contractor — with machinery, equipment, or storage," in accordance with the following standards:

[Ord. No. 4739, 5-7-2018]

a. Termination Of Use. If the principal use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the aboveground storage tanks use shall be terminated.

b. Temporary. Aboveground storage tanks not exceeding five hundred (500) gallons may be permitted on premises zoned or used for heavy industrial, light industrial, agricultural and/or construction sites not to exceed one hundred eighty (180) days. Aboveground storage tanks larger than five hundred (500) gallons may be permitted as determined by the Community Development Director.

c. Location And Size. Aboveground storage tanks shall be in accordance with all applicable building and fire codes adopted by the City.[3]

[3] Editor's Note: See Ch. 500, Building Code.

8. Solar Energy Systems. Solar energy systems shall be allowed as an accessory use in all residential and non-residential zoning districts subject to the following standards.

[Ord. No. 4837, 7-1-2019]

a. Ground-mounted or freestanding solar collectors may not be located in the front yard.

b. The area restrictions specified in Section 405.060(A)(3) do not apply to roof-mounted solar collectors.

c. No accessory solar energy systems shall be used as a commercial enterprise.

d. Before any building permit may be issued for a solar collector, evidence of approval from the local utility company shall be submitted where the solar collector is to be interconnected with the local public utility company so that excess power produced by the solar collector can be fed into the utility lines.

e. Solar energy systems are exempt from all screening standards under 407.090(H). Roof-mounted solar panels should have all wiring and other similar components servicing the panels concealed to the extent possible and all exposed metal and support framing (not including the photovoltaic panel area) should be finished in a color similar to the roof of the structure to which they are attached.

f. For a roof-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached as allowed by setback requirements.

[Ord. No. 5090, 2-22-2022]

g. For a roof-mounted system installed on a flat roof, the highest point of the system shall be permitted to exceed the district’s height limit of up to ten (10) feet above the rooftop to which it is attached.

h. Solar energy systems shall be mounted in a manner not to cause glare to surrounding properties.

i. The requirements of this Section may be waived by the Director if it can be satisfactorily demonstrated that compliance with these regulations is impractical due to such issues as shading, building orientation, construction constraints or configuration of the parcel.

9. Outdoor Dining And Seating Areas. Outdoor dining and seating areas shall be allowed as an accessory use for retail/commercial, service/entertainment, and craft manufacturing land uses in which the principal land use includes the production, processing, preparation, selling, or serving of food or beverage subject to the following standards.

[Ord. No. 5017, 7-7-2021]

a. Outdoor dining and seating areas may be permitted in front and side yard setbacks provided that there is not any encroachment into a required landscape buffer per UDC Section 407.040(D). Accessible pedestrian access must connect all outdoor dining and seating areas to at least one (1) point of ingress/egress to the principal use.

b. The hours of operation for outdoor dining and seating areas shall be the same or fewer hours than the principal use. Any outdoor dining and seating areas used between the hours of 11:00 P.M. and 6:00 A.M. are subject to the standards in Chapter 230, Noise Control.

c. All required pedestrian and vehicular access shall remain clear of encroachments by outdoor dining and seating areas.

d. Outdoor dining and seating areas less than four hundred fifty (450) square feet shall not reduce the number of parking spaces below the minimum required for the principal use or adjacent uses on the same lot or parcel. Outdoor dining and seating areas greater than four hundred fifty (450) square feet shall be treated as an addition to the principal use, subject to the minimum parking standards for the additional square footage for the land use per UDC Section 404.240 or UDC Section 407.010.

e. Outdoor dining and seating areas in excess of four hundred fifty (450) square feet shall be delineated with railings or fencing, potted plants, or other similar decorative fixtures, other than signs, that do not present a public health or safety hazard.

f. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structure in which the principal use is located.

g. Litter, food and beverage items, and tableware shall be continually removed and all fixtures and grounds within the outdoor dining and seating area continually cleaned to ensure the area is maintained and all health, safety, and sanitation requirements are met.

h. Outdoor dining and seating areas outside of the Downtown Zoning District shall be approved through the Site Plan Design Review process per UDC Section 403.070, except temporary outdoor dining and seating areas may be permitted through a Temporary Use Permit subject to UDC Section 405.070. Outdoor dining and seating areas within the Downtown Zoning District shall be approved through the procedures under UDC Section 404.240(M)(1).

i. The following shall be submitted for all applications for outdoor dining and seating areas:

(1) Site plan showing the location of the outdoor dining and seating area with dimensions of the space and setbacks from property lines, parking spaces, and building ingress/egress. The site plan shall delineate and dimension the accessible route around, to, and through the outdoor dining and seating area.

(2) Number and location of all furnishings, including tables, chairs, umbrellas, and any other furnishings requested.

(3) The location and design details, including height and materials, of all required and proposed barriers or enclosures.

Section 405.070 Temporary Uses.

[R.O. 1996 § 405.070; Ord. No. 4558 § 1, 8-3-2015]

A. Permits. The Director of Community Development is authorized to issue a permit for a temporary use within any zoning district, provided it meets the requirements of this Section. The permit shall be issued for a specified period and shall contain such conditions as are necessary for protection of public health, safety and traffic and to avoid creation of a nuisance or violation of other City Codes. The Director of Community Development may require such assurances or guarantees of compliance with conditions as are reasonable and appropriate under the circumstances.

B. Temporary Uses Permitted. Temporary uses include but are not limited to the following:

1. Seasonal And Holiday Sales.

a. NB And More Intensive Districts. The Director of Community Development may approve seasonal and holiday sales activities, such as fireworks and Christmas tree sales areas and farm produce sales stands as temporary uses in NB and higher intensity zoning districts for no more than sixty (60) days within a calendar year. Such activities may occur within required exterior setbacks, provided that no display will encroach into a required exterior setback by more than fifty percent (50%) of the required setback depth and no display or equipment shall be located within a required sight triangle [See Section 407.020(D)(3)].

b. Farm Produce. Stands for the sale of farm produce grown on the premises shall be an allowed temporary use in any zoning district. Structures incidental to such sale need not comply with the applicable exterior setback requirements, provided that no such structure shall be located within a required sight triangle [See Section 407.020(D)(3)]. All such structures shall be removed or moved out of the exterior setback at the end of the season during which they are used.

2. Contractor's Office. A contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project shall be permitted temporary uses for the duration of construction. Such use shall be exempt from setback standards of the underlying zoning district.

3. Real Estate Sales Office. Real estate offices (containing no sleeping or cooking accommodations unless in a model dwelling unit) shall be permitted temporary uses when incidental to a new housing development. Such offices may continue only until the sale or lease of all dwelling units in the development. Such offices need not comply with the setback requirements of the underlying zoning district, provided that a site plan showing the proposed sales office location and parking layout is approved by the Director of Community Development.

4. Special Events, Carnivals And Circuses. A carnival or circus shall be a permitted temporary use in an RE, NB, GB, RC, LI or HI District for a period that does not exceed three (3) weeks. Such use need not comply with the setback requirements of the underlying zoning districts, provided that no structures or equipment shall encroach into a required setback by more than fifty percent (50%) of the required setback depth. In no event shall any structure or equipment be located within a required sight triangle.

5. Housing. During construction of the principal residential structure, a camper or mobile home may be used for temporary housing for a period not to exceed six (6) months, provided that the lot on which the camper or mobile home is located is not less than three (3) acres in size and the sanitary provisions are approved by the Director of Public Works. The Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood, provided that the mobile home is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Director of Community Development may extend the period six (6) additional months upon showing of good cause by the owner.

6. Donation Collection Bin.

[Ord. No. 4926, 8-17-2020]

a. Requirements.

(1) No person shall place, use, or operate a donation collection bin without first obtaining a temporary use permit pursuant to this Chapter. Upon approval, the Director shall issue a temporary use permit that is valid for a period of one year. The Director may approve the renewal of the permit for subsequent one-year periods, subject to payment of a new permit fee, if the use has and continues to fully comply with all applicable City ordinances and conditions of the temporary use permit. An approved temporary use permit may be repealed at the request of the property owner during the one-year time period.

(2) At a minimum, each bin shall display the name, address and telephone number for the person, business, or organization responsible for placing and maintaining the bin.

(3) Only one bin is permitted per lot, and each bin shall not exceed two hundred (200) square feet or be taller than six (6) feet in height. Bins shall be made of metal, steel, or similar durable product.

(4) No donation collection bin shall be located on property utilized for residential land uses.

(5) Each bin shall be located on an improved, durable, drainable surface. If placed in a parking area, the bin shall not reduce the number of available parking spaces below the minimum number required for the lot.

(6) No bin shall be placed in the following locations:

(a) Within a required building or parking setback;

(b) Within a sight visibility triangle;

(c) Within an access easement;

(d) In a driveway, sidewalk, or other pedestrian circulation area;

(e) Within three (3) feet of any fire hydrant;

(f) Within any fire lane;

(g) Within required landscaped areas or buffers;

(h) In whole or in part upon any portion of a public-right-of-way or projecting onto or over any part of a public right-of-way; or

(i) On an undeveloped parcel of land or parcel without a principal use or structure.

(7) Each application for a temporary use permit shall include:

(a) An authorization form signed by the property owner or property owner's agent authorizing the placement of the bin on the private property.

(b) An authorization form signed by the property owner or property owner's agent authorizing removal by the City of the bin, its contents and any items dumped outside the bin upon reasonable notice that the maintenance requirements specified in Subsection (B)(6)(b) have not been met.

b. Maintenance; Enforcement.

(1) Each bin shall be serviced and emptied as needed or within twenty-four (24) hours of a request by the property owner or City.

(2) Each bin shall be enclosed by use of a one-way receiving door and locked so that the contents of the bin may not be accessed by anyone other than those responsible for the retrieval of the contents.

(3) Each bin shall clearly display a sign indicating that no donated items, garbage or other debris is to be left outside of the bin.

(4) Upon completion of the temporary use, the bin shall be removed, the site shall be cleaned, all evidence of its use removed, and left in a condition that minimizes adverse impacts to the site itself and to surrounding properties.

c. Violations And Penalties.

(1) It shall be unlawful for a property owner or donation bin owner to place, use, permit, or allow a donation collection bin to be placed or allow to remain on a property without a permit, or permit or allow operation of a bin that is not in compliance with any requirement of this Section. Violations of this Section are detrimental to the public health and safety.

(2) It shall be unlawful for any donation bin owner to fail to maintain or keep in good repair any donation collection bin, including, without limitation, the prompt removal of graffiti and the repairing of any part of the bin that is missing, broken, damaged, or deteriorated.

(3) It shall be unlawful for any property owner or donation bin owner to fail to maintain the area around a donation bin, including, without limitation, the prompt removal of dumped items.

(4) Any person, property owner, donation bin owner, or company in violation of this Section shall, upon conviction, be issued a fine up to the maximum fine authorized by Section 100.080(A) of the Code of Ordinances.

7. Outdoor Dining And Seating Areas. Temporary outdoor dining and seating areas may be approved on a temporary basis for a maximum of twelve (12) months. Temporary outdoor dining and seating areas are subject to the accessory use standards and approval processes in UDC Sections 404.240(D)(2) and 405.060(A)(9).

[Ord. No. 5017, 7-7-2021]

Section 405.080 Non-Conformities.

[R.O. 1996 § 405.080; Ord. No. 4558 § 1, 8-3-2015; Ord. No. 4885, 2-3-2020]

A. General.

1. Purpose. The purpose of the regulations of this Chapter is to establish regulations that govern uses, structures, lots and other current circumstances that came into being lawfully but that do not conform to one (1) or more requirements of this Development Code. The regulations address the following types of non-conformities:

a. Non-Conforming Uses. Uses legally established prior to November 18, 1996, that do not conform with the use regulations of the district in which the use is located are referred to as "non-conforming uses."

b. Non-Conforming Structures. Buildings and structures, not including signs, legally established prior to November 18, 1996, that do not conform with the property development standards of the zoning district in which the use is located are referred to as "non-conforming structures."

2. Policy. It is the general policy of the City to allow uses, structures or lots that came into existence legally and in conformance with then-applicable requirements but that do not conform to all of the applicable requirements of this Development Code to continue to exist and be put to productive use, but to bring as many aspects of such use into conformance with the current Development Code as is reasonably practicable, all subject to the limitations of this Chapter. The limitations of this Chapter are intended to recognize the interests of the property owner in continuing to use the property but to control the expansion of the non-conformity and to control re-establishment of abandoned uses and limit re-establishment of buildings and structures that have been substantially destroyed.

3. Authority To Continue. Non-conformities shall be allowed to continue in accordance with the regulations of this Chapter.

4. Determination Of Non-Conformity Status. The burden of establishing that a non-conformity lawfully exists is to be the owner's burden and not the City's.

5. Repairs And Maintenance. Repairs and normal maintenance required to keep non-conforming uses and non-conforming structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this Chapter or required by law or ordinance.

6. Change Of Tenancy Or Ownership. Changes of tenancy, ownership or management of an existing non-conformity shall be permitted, provided there is no change in the nature or character, extent or intensity of such non-conformity.

B. Non-Conforming Uses. Non-conforming uses shall be subject to the following standards:

1. Enlargement. No non-conforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on November 18, 1996, and no additional accessory use, building or structure shall be established on the site of a non-conforming use. This provision notwithstanding, uses may be extended throughout any part of a building or other structure that was lawfully and manifestly designed or arranged for such use on November 18, 1996.

2. Relocation. No non-conforming use shall be moved in whole or in part to any other portion of such parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved.

3. Discontinuance And Abandonment. If a non-conforming use ceases for any reason for a period of more than twelve (12) consecutive months (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Development Code for the district in which such parcel or lot is located.

4. Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. The determination of such reduced structural valuation shall be made by the City. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a building permit is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

5. Change In Use. A non-conforming use may be changed to a new use, provided that the new use shall be of the same general character or of a character less intensive (and thus more closely conforming) than the existing, non-conforming use. The initial determination of whether a proposed use is a conforming use or is less intense shall be made by the Director of Community Development, with an appeal to the Board of Adjustment. A non-conforming use, if changed to a conforming use or less intensive non-conforming use, may not thereafter be changed back to a less conforming use than that to which it was changed.

6. Residential Uses In Non-Residential Districts. The other provisions of this Section notwithstanding, any structure that is devoted to a non-conforming residential use and that is located in an NB or more intensive district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

7. Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use ceases or terminates.

8. Outdoor storage, recycling collection stations, recycling collection centers and solid waste collection and processing facilities. A non-conforming use of land for outdoor storage for the sale of merchandise may be continued only until July 18, 1996, after which time the use shall be brought into full compliance with the use regulations of the underlying zoning district. Any non-conforming recycling collection station, recycling collection center or solid waste collection or processing facility shall, by July 18, 1996, be made to comply with all of the provisions of this Development Code or be removed.

9. Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed will, from the date of issuance of a certificate of occupancy, have legal non-conforming status pursuant to this Section, but also shall be subject to all the provisions hereof.

10. Donation Collection Bin. Any non-conforming donation collection bin shall, on or before January 1, 2021, be made to comply with all of the provisions of this Chapter or be removed.

[Ord. No. 4926, 8-17-2020]

C. Non-Conforming Structures. Non-conforming structures shall be subject to the following standards:

1. Enlargement. Any expansion of a non-conforming structure that increases the degree of non-conformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of non-conformity shall be made by the Director of Community Development with an appeal to the Board of Adjustment.

2. Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its structural value prior to such destruction, such structure shall not be restored except in conformance with the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a building permit is obtained within six (6) months, and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion. The determination of such reduced structural valuation shall be made by the City.

3. Relocation. Non-conforming structures shall not be moved unless the movement or relocation will bring the structure into compliance with all applicable zoning district regulations.

4. Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement, relocation or damage or destruction provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.

D. Other Non-Conformities.

1. Applicability. The types of other non-conformities to which this Section applies include, but are not necessarily limited to: fence height or location; lack of or inadequate landscape buffers; lack of or inadequate landscaping; lack of or inadequate off-street parking; and other non-conformities not involving zoning district use or property development standards.

2. Enlargement Or Change In Use. Where an addition, enlargement or change in use is proposed to an extent in excess of twenty-five percent (25%) of the floor area of the existing buildings or structures, the entire lot shall be brought into conformance with presently existing requirements of this Development Code as to landscaping, buffering, off-street parking and other non-use and non-property development regulations of this Development Code.

3. Redevelopment Seeking Deviations, Modifications And/or Waivers Pursuant To Section 403.140. Redevelopment [as such term is defined in Section 403.140(D)(2) of this UDC] which is completed in accordance with an approved redevelopment modification plan pursuant to Section 403.140 shall not be deemed to violate the enlargement or change in use provisions of this Section. Redevelopment so constructed, from the date of issuance of a certificate of occupancy, will have legal non-conforming status, pursuant to this Section, but also shall be subject to all the provisions hereof.

E. Non-Conformities Created By Public Action. When lot area or setbacks are reduced as a result of conveyance to a Federal, State or local government for a public purpose and the remaining area is at least seventy-five percent (75%) of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this Development Code without resort to the Board of Adjustment.