[Ord. No. 22-12, 4-19-2022]
As used in this Chapter the following terms shall have the meanings
indicated:
Retail stores that sell or otherwise provide assorted goods;
products for personal grooming and for the day-to-day maintenance
of personal health; and that sell food and beverages for off-premises
consumption; and that have a minimum floor area of one thousand (1,000)
square feet dedicated to the sale of fresh meat, fruits and vegetables.
A principal use grocery store may include an accessory use restaurant
or dining area for on-premises consumption of food and beverage items.
Does not include medical or recreational marijuana dispensaries.
[Ord. No. 23-24, 12-5-2023]
A Lot that does not conform to the Zoning Regulations but
which was in existence and lawful prior to the adoption of these regulations
and Ordinance 849 on 10-16-2007.
A structure that does not conform to the Zoning Regulations
but which was in existence and lawful prior to the adoption of these
regulations and Ordinance 849 on 10-16-2007.
The use of land or the use or location of a structure that
does not conform to the regulations as to use for the district in
which it is situated but which was in existence and lawful prior to
the adoption of these regulations and Ordinance 849 on 10-16-2007.
Retail stores with floor area less than twelve thousand five
hundred (12,500) square feet that offer for sale a combination and
variety of convenience shopping goods and consumer shopping goods;
and continuously offer a majority of the items in their inventory
for sale at a price less than ten dollars ($10.00) per item. Does
not include medical or recreational marijuana dispensaries.
[Ord. No. 23-24, 12-5-2023]
[Ord. No. 849 § 410.1, 10-16-2007; Ord. No. 883 § 1, 3-17-2009]
A.
In order to carry out the purpose and intent of these regulations,
the City of Lake Lotawana is hereby divided into the following zoning
district classifications:
1.
Estate Residential ("ER") District.
2.
Low Density Residential ("LDR") District.
3.
Medium Density Residential ("MDR") District.
4.
Lakeside Residential ("LR") District.
5.
Town House Residential ("THR") District.
6.
Neighborhood Commercial ("NC") District.
7.
Highway Commercial ("HC") District.
8.
Office Technology Center ("OTC") District.
9.
Planned Development ("PD") District.
10.
Agricultural ("A") District.
[Ord. No. 15-05, 3-17-2015]
11.
Parks and Open Spaces ("PO") District.
[Ord. No. 19-01, 4-3-2019]
12.
Light Industrial ("LI") District.
[Ord. No. 21-22, 11-2-2021]
13.
Heavy Industrial ("HI") District.
[Ord. No. 21-22, 11-2-2021]
[Ord. No. 849 § 410.2, 10-16-2007]
An overlay zoning district may be established addressing special
siting, use and compatibility issues which require use and development
regulations in addition to those found in the underlying zoning districts.
If any regulation in an overlay zoning district requires lower densities,
greater setbacks, or otherwise imposes more restrictive requirements
than those required by the base zoning district, both the additional
and the more restrictive requirement shall apply. The zoning designation
of property located within an overlay district shall consist of the
regular zone symbol preceded by the overlay district symbol as a prefix.
Overlay districts may be created for transportation corridors, floodplains,
environmentally sensitive lands, quarries, sand or gravel excavations,
and stream corridors. A Quarry or Sand or Gravel Excavation Overlay
District (QSGD) has been created in these regulations.
[Ord. No. 849 § 410.3, 10-16-2007]
A.
Adoption Of Official Zoning Map. The Official Zoning Map (Zoning
Map) and the explanatory material thereon is hereby adopted by reference
and declared to be a part of these regulations. Such Zoning Map and
all the notations, references and other matters shown on the map shall
be as much a part of these regulations as if the notations, references
and other matters set forth by said map were all fully described in
the zoning regulations. The Zoning Map shall be on file in the office
of the City Clerk and shall bear the signature of the Mayor attested
by the City Clerk under certification as the Official Zoning Map.
B.
Zoning Map District Boundaries. The boundaries of zoning districts
within these regulations are as indicated upon the Zoning Map. Whenever
the City approves an amendment to the Zoning Map, such amended Zoning
Map is made a part of these regulations by reference.
C.
Changes In Zoning Map. No change in the Zoning Map shall be made
except in accordance with these regulations. All such changes, together
with the ordinance number and the date of change, shall be promptly
recorded on the Zoning Map by the City Clerk with the signature of
the Mayor. No amendment to these regulations which involves changes
to the Zoning Map shall become effective until after such change and
entry have been made. In the event that the Zoning Map becomes damaged
or destroyed, or for purposes of clarity due to a number of boundary
changes, or to correct drafting errors or omissions, the Board of
Aldermen may, from time to time, adopt a new Zoning Map which shall
supersede the prior Zoning Map; provided, however, that the adoption
of a new Zoning Map as set forth above shall not have the effect of
amending any district boundary.
D.
Maintenance Of Zoning Map. The City Clerk shall maintain the Zoning
Map.
E.
Interpretation Of The Zoning Map. Where uncertainty exists as to
the boundaries of districts as shown on the Zoning Map, the following
rules shall apply:
1.
Boundaries indicated as following streets, highways, alleys
or other public rights-of-way shall be construed to follow the center
lines thereof.
2.
Boundaries indicated as following platted lot lines shall be
construed as following the lot lines.
3.
Boundaries indicated as approximately following section lines,
quarter lines, quarter section lines, or quarter-quarter section lines
shall be construed as following the lines.
4.
Boundaries indicated as following corporate limits shall be
construed as following corporate limits.
5.
Boundaries indicated as following the rivers, streams, creeks
or other waterways shall be construed to follow the center lines.
6.
Boundaries not capable of being determined in the previous Subsections
shall be as dimensioned on the Zoning Map or, if not dimensioned,
shall be determined by the scale shown on the Zoning Map.
7.
Where a district boundary divides a lot of record, the Planning
and Zoning Commission may permit, as a conditional use permit, the
extension of the district regulations for either portion of the lot
to the remaining portion of the lot, provided that the district regulations
may not be applied for a distance greater than fifty (50) feet beyond
the established district boundary line.
8.
Where physical features are at variance with those shown on
the Zoning Map, or in other circumstances not covered by the foregoing,
the Zoning Administrator shall interpret the district boundaries subject
to appeal to the Planning and Zoning Commission, consistent with the
land use maps, goals, objectives, policies and actions as set forth
in the City's adopted Comprehensive Plan.
[Ord. No. 883 § 2, 3-17-2009; Ord. No. 849 § 410.4, 10-16-2007]
A.
These regulations are made in accordance with and shall be consistent
with the adopted Comprehensive Plan for the City. The City is zoned
in districts that are established to achieve the general purposes
set forth in these regulations as defined by each district's purpose
set forth below.
1.
Estate Residential District. The "ER" District is designated
for very low density residential living in rural subdivisions. Any
land zoned "ER" shall have adequate access to an approved public road,
but should not be located where urban level services, including public
facilities, will be provided.
2.
Low Density Residential District. The "LDR" District is designated
for low density residential living in ex-urban subdivisions and provides
a transition between the "ER" District and the "MDR" District. No
land shall be rezoned to "LDR" where urban level services, including
public facilities, are provided. Any land zoned "LDR" shall have adequate
access to an approved public road.
3.
Medium Density Residential District. The "MDR" District is designated
for medium density residential suburban living as a transition between
Estate Residential and Low Density Residential and Town House Residential,
Neighborhood Commercial, Highway Commercial and Office Technology.
Land rezoned to "MDR" shall have adequate public road access, and
if constituting a clustered subdivision or through an approved Planned
Unit Development District may be approved for centralized water and
wastewater facilities.
4.
Lakeside Residential District. The "LR" District is the equivalent
of the City's prior "R-1" Residential District and is intended for
higher density single-family detached development around Lake Lotawana.
5.
Town House Residential District. The "THR" District is designated
for attached single-family dwellings, and offers opportunities to
provide for a variety of housing needs in the Milton Thompson area.
Clustering may be permitted through subdivision or through an approved
Planned Unit Development District. Land designated "THR" shall have
access to arterial roads and adequate community facilities.
6.
Neighborhood Commercial District. The "NC" District is designated
to provide for limited office and professional services with accessory
retail uses, designed in scale with surrounding residential uses.
Land zoned to "NC" shall have access to adequate public arterial roads
and adequate public facilities.
7.
Highway Commercial District. The "HC" District is designated
for highway intensive and localized commercial activities serving
the community and surrounding areas. Land zoned to "HC" shall have
access to adequate public facilities, including arterial roads and
sanitary sewer systems.
8.
Office Technology Center District. The "OTC" District is designated
for office and high technology land uses located in a park-like setting.
Land zoned to "OTC" shall have access to adequate public facilities,
including arterial roads and sanitary sewer systems.
9.
Planned Development District. The "PD" is a floating zone district
intended to provide for mixed use developments (including residential,
commercial and office structures or developments) with a long-term
or multi-phased build-out. A "PD" requires an application for rezoning
to the "PD" District and other approvals as established in 420.020.
Approved "PD" Districts will be designated as "PD" on the Official
Zoning Map.
10.
Agricultural District. The "A" District is designated for agricultural
activities and related uses. Land zoned to "A" is likely to be developed
with other land uses in the future. Activities conducted in the "A"
District should not be detrimental to surrounding land uses.
[Ord. No. 15-05, 3-17-2015]
11.
Parks And Open Spaces District. The "PO" District is designated for
areas predominantly used for recreation or green space. This District
is intended to provide recreational opportunities throughout the community
and is designed to facilitate green infrastructure, such as, natural
methods of stormwater management and stream setbacks, as well as parks,
trails, and recreational facilities.
[Ord. No. 19-01, 4-3-2019]
12.
Light Industrial District. The "LI" District is intended primarily
for production, processing, and assembly plants that are operated
so that noise, odor, dust, and glare of such operations are completely
confined within an enclosed building. These industries will, by their
nature, generate traffic; however, the size and volume of raw materials
and finished products should not produce the volume of traffic generated
by heavy industrial uses. The Light Industrial District is also intended
for the development of office/warehouse uses.
[Ord. No. 21-22, 11-2-2021]
13.
Heavy Industrial District. The "HP" District is intended to manage
the development of heavy and intensive industrial uses, including
asphalt plants, feed lots and scrap and waste materials. Most activities
will consist of manufacturing or outdoor storage yards. These districts
encourage the development of industrial buildings grouped around major
transportation systems. The buildings would accommodate businesses
engaged in intensive manufacturing, with limited light manufacturing
uses.
[Ord. No. 21-22, 11-2-2021]
[Ord. No. 849 § 410.5, 10-16-2007]
A.
Uses Authorized In Zoning Districts. The uses listed in Exhibit 410-A
are authorized for each zoning district.
1.
Permitted uses. A "P" designates that the listed use is allowed as
of right within the respective zoning district. Permitted uses are
subject to all applicable standards of these regulations.
2.
Conditional uses. A "C" designates that the listed use is allowed
within the respective zoning district only after review and approval
of a conditional use permit in accordance with the review procedures
of these regulations. Conditional uses are subject to all applicable
standards of these regulations.
3.
Non-authorized uses. An "N" designates that the listed use type is
not allowed within the respective zoning district.
4.
Accessory uses. An "A" designates that the listed use type is only
permitted as an accessory or secondary use incidental to the principal
permitted use.
5.
Overlay zoning district. An "OZ" designates that an overlay zoning
district is required.
B.
Uses Not Listed In Zoning Districts. The uses listed in Exhibit 410-A
as authorized for each zoning district are general categories. For
any use not explicitly listed as authorized in a zoning district,
the Zoning Administrator shall make a determination if such non-listed
proposed use may or may not be interpreted to be within the general
category of a listed use, by reference to the Comprehensive Plan and
use categories. Interpretations shall be approved by the Planning
and Zoning Commission at the next regularly scheduled meeting, subject
to appeal to the Board of Aldermen. An appeal to the Board of Aldermen
may be made by the applicant, any contiguous neighborhood association,
any aggrieved person with standing or the Planning and Zoning Commission,
Zoning Adjustment or the Board of Aldermen certifying the matter for
appeal.
C.
Prohibited Conversions. Unless expressly provided for in these regulations,
no land shall be used and no structure shall be erected for, or converted
to, any use other than those authorized for the district in which
the use is located. No structure or portion thereof designed and constructed
as a residential structure shall be changed to a non-residential use,
except pursuant to a use variance granted by the Board of Adjustment
in accordance with these regulations, or a change in the zoning district
pursuant to an amendment to the Zoning Map approved consistent with
these regulations and with the Comprehensive Plan. An amendment to
the Comprehensive Plan shall be required prior to the approval of
a change in the Zoning Map. Use variances shall only be granted if
consistent with the goals, objectives and policies of the Comprehensive
Plan, unless such use variance is constitutionally required to avoid
a regulatory taking of the property.
[Ord. No. 849 § 410.6, 10-16-2007]
A.
In District "Lakeside Residential," no structure or land shall be
used, and no building or structure shall be erected, altered, enlarged
or moved, except for one (1) of the following categories:
1.
Dwellings. Designed exclusively for occupancy by and providing
living quarters for only one (1) family.
2.
Parks and recreational areas.
3.
Churches and community structures.
4.
Fire stations, police stations, public schools, libraries, museums
or other public structures, or uses owned or controlled and operated
exclusively by the City of Lake Lotawana.
5.
Home occupation is subject to the following conditions:
a.
Any such occupation must be conducted by a person in the dwelling
used by him/her as his/her private residence.
b.
Only resident members of the immediate family of the person
conducting the home occupation may be employed in such occupation.
c.
The residential appearance of the dwelling in which any such
occupation is conducted shall not be changed in any way.
d.
No window display or window sign shall be allowed, nor shall
any sign of any kind be placed on or around the dwelling or on the
lot, parcel or tract other than a non-illuminated yard sign not more
than two (2) square feet in area which may be used to advertise any
such occupation.
e.
Adequate off-street parking must be provided.
f.
Only electric power shall be used in conducting any such occupation
and no electric motor in excess of one (1) horsepower shall be used
therein.
6.
Garages or carports for the shelter of one (1) or more motor
vehicles subject to the following restrictions and limitations:
a.
Every garage or carport shall be attached to a dwelling, except
as provided in this Section;
b.
A garage may be unattached if all of the following conditions
are met:
[Ord. No. 18-05, 7-3-2018]
(1)
The garage is the only structure on the lot it
occupies;
(2)
The garage is not used as a dwelling;
(3)
(Reserved)
(4)
The garage is not taller than one and one-half
stories;
(5)
The garage is of residential construction and appearance,
using traditional wood-frame construction with exterior walls of wood,
stucco, or masonry brick. No prefabricated metal pole barns are permitted;
(6)
The garage maintains twenty-foot setbacks from
street side property lines and right-of-way, five-foot side yard setbacks,
and twenty-foot rear yard setbacks; and
(7)
If the garage is less than 1,200 square feet, a
restrictive covenant, in form and content satisfactory to the City
Attorney, is recorded against the property in the office of the County
Recorder and provides that the use of the lot on which the garage
is located shall be used only as a residential garage for the residents
of a lawful dwelling located on a lot of record in the City, and that
such lot may not be separated, subdivided or split off from the lot
on which the residential dwelling is located. After the restrictive
covenant is recorded, a copy of the recording certificate shall be
provided to the City, prior to the issuance of a building permit.
c.
Every garage shall have a minimum size of two hundred forty
(240) square feet and a maximum size of one thousand two hundred (1,200)
square feet;
[Ord. No. 18-05, 7-3-2018]
d.
Every carport shall have a minimum size of two hundred forty
(240) square feet and a maximum size of eight hundred forty (840)
square feet.
7.
Temporary sheds used in connection with the construction of
permitted structures may be maintained on any lot during the course
of any such construction on said lot, except that any such shed shall
be removed within thirty (30) days after occupancy of the permitted
structure.
8.
A "For Sale" or "For Rent" sign not larger than four (4) square
feet in area may be placed in the yard of any lot for the purpose
of advertising the offering for sale or rent of such lot and any improvements
thereon.
9.
No lot or land in the Lakeside Residential District shall be
used for the construction, maintenance or use of a road, driveway
or access way which would provide ingress and egress from areas outside
the two-foot reserve (commonly referred to as the perimeter road or
zone) to the private roads designated lake roads on the recorded plat
of Lake Lotawana.
10.
Docks.
11.
Boathouse.
[Ord. No. 849 § 410.7, 10-16-2007; Ord.
No. 22-12, 4-19-2022]
A.
Purpose, Generally.
1.
Within the City there exist uses of land which were lawful prior
to the adoption of these regulations but which do not conform with
the use requirements of such land permitted by these regulations.
The purpose and intent of these regulations is to permit these lawful
non-conforming uses to continue until they are removed or abandoned,
but not to encourage their continuation or expansion.
2.
Any non-conforming use which was lawful under the Zoning Regulations
in effect at the time of the passage of this Section of these Zoning
Regulations, and Ordinance 849 on 10-16-2007, shall be allowed to
continue.
[Ord. No. 22-12, 4-19-2022]
A.
Purpose,
Generally.
1.
Within the City there exist structures which were lawful prior to
the adoption of these regulations but which do not conform with the
requirements of these regulations. The purpose and intent of these
regulations is to permit these lawful non-conforming structures to
continue until they are removed or abandoned.
2.
Any non-conforming structure which was lawful under the Zoning Regulations
in effect at the time of the passage of this Section of these Zoning
Regulations, Ordinance 849 on 10-16-2007, shall be allowed to continue.
B.
Limitations.
1.
Replacements Of Sundecks To A Non-Conforming Structure. A sundeck,
or covered sundeck as defined in this Code, which is of a lawful non-conforming
nature and in existence at the time of the passage of this Section
of these Zoning Regulations, and Ordinance 849 on 10-16-2007, shall
be allowed to be replaced without the need of a variance, provided
that the replacement is of the same footprint, and does not materially
differ from the existing structure being replaced as determined by
the Zoning Administrator or City staff acting in the role of Zoning
Administrator.
2.
Expansions To A Non-Conforming Structure. Expansions may be made
to any lawful non-conforming structure provided that the expansion
conforms to these Zoning Regulations, even though such structure or
the lot upon which such structure is located does not conform to these
Zoning Regulations. Expansions to lawful non-conforming structures
that do not increase the building footprint or height of the non-conforming
portion of the lawful non-conforming structure shall not require a
variance from the Board.
[Ord. No. 22-12, 4-19-2022]
A.
Purpose,
Generally.
1.
Within the City there exist lots which were lawful prior to the adoption
of these regulations and Ordinance 849 on 10-16-2007, but which do
not conform with the requirements of these regulations. The purpose
and intent of these regulations is to permit these lawful non-conforming
lots to continue until they are removed or abandoned.
2.
A legally established subdivision lot or any other legally established
lot of official record which became non-conforming as the result of
adoption of these regulations or which subsequently becomes non-conforming
as a result of amendments to these regulations may be developed for
any permitted, conditional or accessory use identified within the
applicable district regulations.
3.
All development on non-conforming lots shall comply with all applicable
district regulations.
4.
If development in accordance with lot development standards is not
possible, the property owner shall comply with the area regulations
of the closest conforming district whose area regulations would permit
development on the lot. If the plat specifies building setbacks, development
of vacant non-conforming lots shall comply with the setbacks set forth
in these regulations to the greatest extent possible. A parcel of
land with an area less than that required for the applicable zoning
district may be used for any purpose permitted in the zoning district
if:
a.
The owner is able to demonstrate to the satisfaction of the Board
of Adjustment that the parcel was lawful at the time it was created.
(1)
There is no reasonable method by which the non-conforming lot
may become conforming, such as the addition of adjoining land under
the same ownership;
(2)
The use meets all other regulations prescribed for the zoning
district prior to occupancy or use; and
(3)
The proposed use can be developed in a safe manner that adequately
provides for water and wastewater facilities in conformance with these
regulations.
5.
Development of non-conforming lots without connection to a sewer
system or centralized sewage treatment system will not be authorized
unless the applicant can demonstrate compliance with the requirements
of the Jackson County Department of Public Works for private on-site
wastewater treatment systems. If lot areas are insufficient for on-site
sewage disposal systems, the City may approve the use of reserved
off-site drain fields, if permitted by applicable County regulations.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
B.
All
marijuana facilities shall be located at least one thousand (1,000)
feet from all school properties, day care operations, and churches
that are currently operating.
1.
In the case of a freestanding facility, the distance between the
facility and the school, day care, or church shall be measured from
the external wall of the facility structure closest in proximity to
the school, day care, or church to the closest point of the property
line of the school, day care, or church. If the school, day care,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
2.
In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the school, day care, or church shall be measured from the property
line of the school, day care, or church to the facility's entrance
or exit closest inn proximity to the school, day care, or church.
If the school, day care, or church is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, day care, or church closest
in proximity to the facility.
3.
Measurements shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
C.
Hours
Of Operation. All sales or distribution of marijuana and any other
products sold to the public through a marijuana dispensary shall take
place between the hours of 8:00 A.M. and 10:00 P.M., Monday —
Sunday. Marijuana dispensaries shall be secured and closed to the
public after the hours listed in this Subsection and no persons not
employed by the marijuana dispensary may be present in such a facility
at any time it is closed to the public.
D.
No
marijuana facility shall emit a nuisance odor. (An odor is a nuisance
if it occurs on a regular basis and unreasonably interferes with the
proper use and enjoyment of the property of others.) All marijuana
facilities shall have and maintain an odor control system which is
at least as stringent as that which is required by State regulations.
E.
All
applications for marijuana facilities shall be accompanied by the
following information:
1.
Site plan and building plan showing the location of all activities.
2.
Security plans for the facility demonstrating security systems, equipment,
and procedures which are at least as stringent as those which are
required by State regulations.
3.
Odor control systems for the facility demonstrating such systems
are at least as stringent as that which is required by State regulations.
4.
Additional information may be required prior to issuance of a conditional
use permit.
F.
No
marijuana facility may operate in the City of Lake Lotawana without
a valid license issued by the Missouri Department of Health and Senior
Services (DHSS) and a current business license issued by the City
of Lake Lotawana. The license issued by the DHSS shall be prominently
displayed near the front entrance to the facility as required by State
regulations.
G.
No
marijuana facility may use combustible gases or CO2 during the extraction process within the City of Lake Lotawana except
those licensed by the State of Missouri and operating as a marijuana-infused
products manufacturing facility.
H.
No
marijuana may be smoked, ingested, or otherwise consumed or administered
on the premises of any marijuana facility within the City of Lake
Lotawana.
I.
Signage
shall comply with the signage regulations in Section 426 of these
Codes as well as all other requirements of the State of Missouri related
to signage for marijuana facilities.
J.
Display
Of License Required. Licenses issued by the State of Missouri shall
be displayed in a highly visible area within twenty (20) feet of the
front door of the facility.
K.
All
operations and all storage of materials, products, or equipment shall
be within a fully secured area inside the building structure or outdoors
on the property in a secured area enclosed by a fence meeting the
City's requirements for fencing type, maximum height, and setback
requirements. To the extent authorized by State regulations, outdoor
operations or storage shall only be allowed for a marijuana cultivation
facility, marijuana testing facility, and a marijuana transportation
facility. Outdoor storage shall be prohibited for marijuana dispensaries.
L.
All marijuana facilities shall comply with all provisions of the Zoning Regulations of the City of Lake Lotawana, all provisions of Article XIV, Section 1 of the Missouri Constitution, as well as any and all rules and regulations promulgated by the DHSS regulating marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
[Ord. No. 23-24, 12-5-2023]
A.
Purpose And Intent. The purpose of this Section is to modify and
supplement regulations in the City to create greater diversity in
retail options and convenient access to fresh meats, fruits and vegetables.
These regulations are intended to:
1.
Avoid and reduce over-concentration of small box discount stores
in the area.
2.
Encourage and streamline grassroots access to fresh meats, fruits
and vegetables.
3.
Encourage a greater diversity of retail activity and purchasing
options within the area.
4.
Allow for a more community-based approach to distributing and
purchasing fresh meats, fruits and vegetables in a specified area.
5.
Promote investment and development in a community where change
is desired.
B.
Applicability. Except as otherwise expressly stated, the regulations
of this Section apply to all new uses and structures and all building
alterations and site modifications that require a building permit.
C.
Exemptions.
1.
Uses that contain a prescription pharmacy or offer for sale gasoline or diesel fuel are exempt from the dispersal standards established in Section 410.110(D).
2.
Uses that dedicate a minimum floor area of five hundred (500) square feet to the sale of fresh meat, fruits or vegetables are exempt from the dispersal standards established in Section 410.110(D).
3.
Grocery stores are exempt from the dispersal standards established in Section 410.110(D).
D.
Dispersal Standards For Small Box Discount Stores. To avoid over-concentration, a small box discount store, as defined in Section 410.005, must be separated from another small box discount store within or outside the City corporate limits by a minimum distance of twenty-one thousand one hundred twenty (21,120) feet. The required separation distance must be measured in a straight line from the nearest point on the lot line of the property occupied by a small box discount store to the nearest point on a lot line of the other property occupied by a small box discount store. The separation distance requirements of this Section may be reduced with approval of a variance and a conditional use permit by the Board of Adjustment and the Board of Aldermen, respectively.
