[CC 1995 Ch. 41 Subchapter (C)]
The provisions of this Chapter shall be subject to the exceptions,
additions or modifications provided by the following regulations.
[CC 1995 §41.310]
[CC 1995 §41.320]
These uses may be permitted in district subject to such protective
restrictions deemed necessary by the Village Zoning Commission.
[CC 1995 §41.330]
Notwithstanding the regulations contained in any part of this
Chapter, no use other than an agricultural use, public park or parkway
and public street or highway will be permitted in any zone designated
on the Zoning Map as a floodplain area unless adequate measures are
taken to protect the use from flood damage and floodplain insurance
has been purchased. These measures will be subject to approval by
the Zoning Commission.
[CC 1995 §41.340]
The following structures will be permitted above height limits
specified in other parts of this Chapter: tanks, church spires, skylights,
steeples, flagpoles, chimneys, ventilating fans and other appurtenances
not used for human use or habitation.
[CC 1995 §41.350]
On corner lots, no fence, wall, hedge or other structure or
planting more than three (3) feet in height shall be erected, placed
or maintained within the triangular area formed by the intersecting
street lines and a straight line joining said street lines at points
which are sufficiently distant from the point of intersection to provide
adequate sight distance for vehicles traveling at design approach
speed of street.
[CC 1995 §41.360]
All territory which may hereafter be annexed to the Village
shall be classified as an "A-1" Agricultural District until, within
a period not to exceed ninety (90) days following the date of annexation,
the Planning and Zoning Commission shall appropriately reclassify
such territory.
[CC 1995 §41.370]
Whenever any street, alley or other public easement is vacated,
the district classifications of property to which the vacated portions
of land accrue shall become the classification of the vacated land.
[CC 1995 §41.380]
A.
Commercial
vehicles and trailers of all types, including travel, camping and
hauling and mobile homes, shall not be parked or stored on any lot
occupied by a dwelling or on any lot in any residential district except
in accordance with the following provisions:
1.
Not more than one (1) commercial vehicle, which does not exceed one
and one-half (1½) tons rated capacity, per family living on
the premises, shall be permitted and in no case shall a commercial
vehicle used for hauling explosives, gasoline or liquified petroleum
products be permitted.
2.
Not more than one (1) camping or travel trailer or hauling trailer
per family living on the premises shall be permitted and said trailer
shall not exceed thirty-four (34) feet in length or eight (8) feet
in width; and further provided, that said trailer shall not be parked
or stored for more than one (1) week unless it is located behind the
front yard building line. A camping or travel trailer shall not be
occupied permanently while it is parked or stored in any area within
the incorporated limits except in a travel trailer court authorized
under the zoning ordinances of the Village.
3.
A mobile home shall be parked or stored only in a trailer court which
is in conformity with the ordinances of the Village.
4.
Automotive vehicles or trailers of any kind or type without current
license plates shall not be parked or stored on any residentially
zoned property other than in completely enclosed buildings.
[Ord. No. 01-7 §8(41.392), 12-18-2001]
Before any building permit is approved in a "C" or "I" zoning
classification, the applicant shall present for review by the Board
of Trustees a stormwater management plan prepared by a registered
engineer. The purpose of this plan is to alleviate downstream flooding
problems and the uncontrolled release of stormwater onto neighboring
properties and resulting property damage. The plan shall include:
the reduction of velocity of overland flow; allow maximum opportunity
for infiltration of ground water and to preserve existing streams,
detention walls and flood basins. When such plan indicates the proposed
development will aggravate downstream drainage or runoff flooding
problems, provisions shall be included in the design of storm drainage
improvements for the temporary controlled detention of stormwater
runoff and its regulated drainage. The plan shall also include erosion
control during construction. Such plan shall be reviewed by the Village
Board of Trustees to determine whether adequate provision has been
made for the removal and/or detention of stormwater generated from
the subject tract. Such plan, as approved by the Board of Trustees,
shall be filed with the Village Clerk and shall be followed for all
development which occurs on the subject property. In the event the
Board of Trustees desires, it may have the plan reviewed by the Village
Engineer at the cost of the applicant.
[Ord. No. 12-16 § 1, 10-27-2016]
A.
Wireless support systems shall be located in zones "C" or "I," with
appropriate written approval by the FAA submitted at the time of application,
and upon such reasonable rules, regulations and procedures as allowed
by the Uniform Wireless Communication Installation Development Act,
Section 67.5090, et. seq., V.A.M.S.
B.
The deposit for the application shall be one thousand five hundred
dollars ($1,500.00) to defer in part the out of pocket and administrative
expenses incurred by the Village in reviewing and acting upon any
such application.
[CC 1995 §41.400]
A.
General Intent And Application. It is the intent of these
requirements that adequate parking and loading facilities be provided
off the street for each use of land within the Village. Requirements
are intended to be based on the demand created by each use. These
requirements shall apply to all uses in all districts.
B.
Application Procedure.
1.
In all districts, in connection with every use, sufficient off-street
parking spaces shall be provided to accomplish the principles set
forth in this Chapter and to meet the parking demands generated by
residents, employees, company officials, company vehicles and customers.
Required parking spaces shall be located on the lot on which the principal
use is located except as provided in this Section.
2.
Each application for a building permit or variance shall include
plans for at least the minimum number of parking spaces as herein
required. Plans shall include information as to located and dimensions
of off-street parking spaces and the means of access to the spaces.
The administrative official shall not approve any application until
he/she determines that the requirements of this Chapter are met in
the plans.
3.
Each parking space shall contain not less than two hundred (200)
square feet in area exclusive of access and circulation aisles. Areas
normally used for drive-in customer service such as drive-in windows
and gas pump service areas shall not be counted as required parking
spaces.
4.
If the off-street parking space required by this Chapter cannot reasonably
be provided on the lot on which the principal use is located, such
space may be provided on any land within two hundred (200) feet exclusive
of street and alley widths of the principal building or use. The principal
use shall be permitted to continue only as long as its parking requirements
are met.
C.
Minimum Spaces. The minimum number of required spaces shall
be determined by the following criteria: (In addition, a developer
shall evaluate his/her own needs to determine if they are greater
than the minimum specified in this Chapter.)
1.
Uses permitted in an "A-1", "R-1", "R-3", "R-4" and "M" zoning
districts.
a.
One-family dwellings. Two (2) parking spaces per
dwelling unit.
b.
Two-family dwellings. Two (2) parking spaces per
dwelling unit.
c.
Multiple-family dwellings. Two (2) parking spaces
per dwelling unit.
d.
Churches. One (1) parking space for each four (4)
seats in the principal place of assembly.
e.
Home occupation. Minimum of three (3) parking spaces
which may include residential spaces.
f.
Public buildings.
(1)
Schools. One (1) space for each staff member
and employee. In the case of secondary schools, one (1) additional
parking space for each eight (8) students in grades 9 — 12 shall
be provided.
(2)
Community centers, libraries, galleries and museums. Ten (10) parking spaces plus one (1) additional parking space for
each three hundred (300) square feet of floor area.
(3)
Stadiums. One (1) parking space for each three
(3) spectator seats.
g.
Hospitals. One (1) parking space for each employee
and one (1) additional space for each four (4) patient beds.
h.
Golf course. Forty (40) parking spaces.
2.
Uses permitted in a "C-1", "C-2" or "C-3" zoning district.
a.
One-family dwellings. Two (2) parking spaces per
dwelling unit.
b.
Two-family dwellings. Two (2) parking spaces per
dwelling unit.
c.
Multiple-family dwellings. Two (2) parking spaces
per dwelling unit.
d.
Public buildings. Same as Section (C)(1)(e) above.
e.
Boarding and lodging houses. Two (2) parking spaces
and one (1) additional space for each roomer or boarder.
f.
Retail business and service establishments. One
(1) space for each company vehicle and one (1) space for each two
hundred (200) square feet of gross floor area.
g.
Service stations. Two (2) parking spaces for each
gas pump and three (3) spaces for each grease rack.
h.
Restaurant, cafe, nightclub or similar establishment. One (1) parking space for every two (2) employees and one (1) additional
space for each one hundred (100) square feet of gross floor area.
i.
Office building, banks and similar institutions. One (1) parking space for each two hundred (200) square feet of
gross floor area.
j.
Auto sales and garages. One (1) parking space for
each employee and four (4) spaces for each maintenance stall.
k.
Pool halls, bowling alleys and similar recreational facilities. One (1) parking space for each two hundred (200) square feet of
gross floor space.
l.
Funeral homes. One (1) parking space for each fifty
(50) square feet of gross floor area.
m.
Motels and hotels. One (1) space for each employee
and one (1) parking space for each rental unit.
n.
Theaters. One (1) space for every two (2) seats.
3.
Uses permitted in an "I-1" or "I-2" zoning district.
D.
Additional Requirements.
1.
Where fractional spaces result, the parking spaces required shall
be construed to be the nearest whole number.
2.
The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the Zoning Commission.
3.
Whenever a building or use constructed or established after the effective
date of this Chapter is changed or enlarged in floor area, number
of employees, number of dwelling units, seating capacity or otherwise
to create a need for an increase of ten percent (10%) or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change. Whenever a building or use
existing prior to the effective date of this Chapter is enlarged to
the extent of fifty percent (50%) or more in floor area or in the
area used, said building or use shall then and thereafter comply with
the parking requirements set forth herein.
4.
In the case of mixed or joint uses, the parking spaces required shall
equal the sum of the requirements of the various uses computed separately.
E.
Parking Not Located On The Same Lot. All parking spaces
required herein shall be located on the same lot with the building
or use served, except that where an increase in the number of spaces
are provided collectively or used jointly by two (2) or more buildings
or establishments, the required spaces may be located and maintained
not to exceed two hundred (200) feet from the building served.
1.
Up to fifty percent (50%) of the parking spaces required for:
a.
Theaters, public buildings, bowling alleys, dance halls, nightclubs
or cafes and up to one hundred percent (100%) of the parking spaces
required for a church or school auditorium may be provided and used
jointly by;
b.
Banks, offices, retail stores, repair shops, service establishments
and similar uses not normally open, used or operated during the same
hours as those listed in (a); provided however, that written agreement
thereto is properly executed and filed as specified below.
2.
In any case where the required parking spaces are not located on
the same lot with the building or use served or where such spaces
are collectively or jointly provided and used, a written agreement
thereby assuring their retention for such purposes shall be properly
drawn and executed by the Village Attorney and shall be filed with
the application for a building permit.
3.
Off-street parking space may be located within the required front
yard of any "C" or "I" zoning district, but no off-street parking
shall be permitted in the required front yard of an "R" zoning district,
except upon a driveway providing access to a garage, carport or parking
area for a dwelling.
F.
Size Of Off-Street Parking Space. The size of a parking
space for one (1) vehicle shall consist of a rectangular area having
dimensions of not less than ten (10) feet by twenty (20) feet plus
adequate area for ingress and egress.
G.
Off-Street Loading Requirements. Every building or part
thereof erected or occupied for retail business, service, manufacturing,
storage, warehousing, hotel, mortuary or any other use similarly involving
the receipt or distribution by vehicles of materials or merchandise,
shall provide and maintain on the site premises off-street loading
space in accordance with the following requirements:
1.
Within any "C-2" or "C-3" zoning district. One (1)
loading space for each ten thousand (10,000) square feet of gross
floor area.
2.
Within any "I-1" or "1-2" zoning district. One (1)
loading space for each fifteen thousand (15,000) square feet of gross
floor area.
3.
For the purpose of this Section, an off-street loading space (exclusive
of adequate access drives and maneuvering space) shall have minimum
dimensions of twelve (12) feet by forty (40) feet and an overhead
clearance of fourteen (14) feet in height above the alley or street
grade.
H.
Off-Street Parking Lot Construction And Maintenance.
1.
Lots in residential districts. Whenever off-street
parking lots for more than six (6) vehicles are to be located within
or adjacent to a residential district, the following provisions shall
apply:
a.
All sides of the lot abutting the residential district shall be enclosed
with an opaque, ornamental fence, wall or dense evergreen hedge having
a height of not less than five (5) feet nor more than six (6) feet.
Such fence, wall or hedge shall be maintained in good condition. Adjoining
resident may waive the wall requirement.
b.
No parking shall be permitted within a front yard setback line established
ten (10) feet back of the property line of interior and corner lots
wherever the parking lot is located in a residential unit. In all
other cases, no setback shall be required; provided however, that
on any corner lot formed by two (2) intersecting streets, no parking
shall be permitted and no wall, fence, sign, structure or plant growth
having a height in excess of three (3) feet above the elevation of
the crown of the adjacent roadway surface shall be maintained in a
triangle formed by measuring a distance of thirty (30) feet along
said front and side lot lines from their point of intersection and
connecting the points so established to form a triangle on the area
of the lot adjacent to the street intersection.
c.
All of the lot used for parking and driveway purposes shall be paved
with a sealed surface pavement and maintained in such a manner that
no dust will be produced by continued use.
2.
Paved surface required. All parking spaces required
under the provisions of this Chapter shall be paved with a sealed
surface pavement and maintained in a manner that no dust will result
from continued use.
[CC 1995 §41.410]
A.
Whenever
a multiple-family dwelling or group of multiple-family dwellings is
designed with an inner or outer court, the following requirements
shall be complied with:
1.
Outer court width. The width of an outer court
upon which windows open shall be not less than fifteen (15) feet or
equal to the height of the opposing wall, whichever is greater; and
in no case shall an outer court be less than ten (10) feet in width
or equal to seventy percent (70%) of the height of the opposing wall,
whichever is greater.
2.
Inner court width. The width of an inner court
of a multiple-family dwelling shall be not less than two (2) times
the height of the lowest wall forming the court, but in no case shall
it be less than twenty (20) feet.
3.
Passageway for inner court. An open unobstructed
passageway shall be provided. Such passageway shall be not less than
six (6) feet in width, shall have a clearance of not less than eight
(8) feet in height and shall provide a straight and continuous passage
from the inner court to a yard or open space having a direct connection
with a street.
[CC 1995 §41.420]
Prior to issuance of a building permit, the developer of any
residential dwelling units shall dedicate to the Village open space
land equivalent to one (1) acre per each two hundred (200) equivalent
population. This equivalent population shall be based on three and
one-half (3.5) people per "R-1" and "R-2" dwelling units and two and
one-half (2.5) people per dwelling unit in "R-3" and "R-4". The open
space must be acceptable to the Zoning Commission and shall be compatible
with the Village plan. In lieu of dedicating the open space and park
ground to the Village, the developer may elect to pay a fee as established
by the Village Board of Trustees per dwelling unit at the time of
issuance of the building permit.
[Ord. No. 09-19, 8-22-2019; Ord.
No. 08-23, 3-23-2023]
A.
The
purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, storing, and testing of
marijuana and marijuana-infused products, to the extent permitted
by the Missouri Constitution, applicable Statutes enacted by the General
Assembly, and regulations promulgated by the Missouri Department of
Health and Senior Services, and to protect the health, safety, and
welfare of the residents, businesses, and property owners in the Village.
1.
No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.
No more than a total of one (1) comprehensive facility, (1) marijuana
microbusiness facility (1) medical marijuana dispensary facilities,
one (1) medical marijuana cultivation facility, one (1) medical marijuana-infused
product manufacturing facility, one (1) medical marijuana testing
facility will be allowed within the Village limits.
3.
Each marijuana testing or marijuana dispensary facility shall be
located in entirely enclosed structures on properties that meet the
following distance requirements:
a.
No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of any school, child day care center or
place of worship.
b.
No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of another marijuana-related use except
when marijuana sales represent less than five percent (5%) of the
dollar volume of business in a State or Federally licensed pharmacy.
c.
The distances described in this Section shall be computed by direct
measurement from the nearest property boundary of land upon which
a building or buildings are used for the above purposes to the nearest
portion of the property boundary housing the marijuana testing facility,
or marijuana dispensary facility, using a straight line.
d.
A marijuana dispensary facility shall be permitted provided it is
wholly within a stand-alone entirely enclosed structure.
4.
Each marijuana cultivation facility or marijuana-infused products
manufacturing facility shall be located on properties that meet the
following distance requirements and are subject to the following land
area requirements:
a.
No marijuana-related cultivation or manufacturing uses shall be operated
or maintained within one thousand (1,000) feet of any school, child
day care center or place of worship.
b.
No marijuana-related cultivation or manufacturing facility shall
be operated or maintained within one thousand five hundred (1,500)
feet of another marijuana-related use.
c.
The distances described in this Section shall be computed by direct
measurement from the nearest property boundary of land upon which
a building or buildings are used for the above purposes to the nearest
portion of the property boundary housing the medical marijuana manufacturing
or testing facility, or marijuana dispensary facility, using a straight
line.
d.
No marijuana-related cultivation or manufacturing facility shall
be located, operated, or maintained on property that is less than
seven (7) acres in size.
e.
A marijuana-infused products manufacturing facility shall be permitted
provided it is wholly within an entirely enclosed structure.
5.
The waiting area and the area of a marijuana dispensary facility
where marijuana or marijuana-infused products are physically delivered
to a customer, qualifying patient or primary caregiver shall be separated
by a solid wall and solid door so that persons in the waiting area
are obstructed from observing the delivery of the marijuana or marijuana-infused
products to the customer, qualifying patient, or primary caregiver.
No loitering will be permitted at any facility.
6.
No marijuana or marijuana-infused product shall be displayed to be
visible through glass, windows, or doors by a person of normal visual
acuity standing at the outside perimeter of a facility.
7.
Paraphernalia as referenced in Section 215.540, excluding (I)f of
the Revised Statutes of Missouri, as may be amended, may be lawfully
sold at a marijuana dispensary facility. Such items may not be publicly
displayed and may be sold, displayed, and provided only to patients
or primary caregivers of patients.
8.
The sale or consumption of alcohol within a facility is prohibited.
9.
No person under the age of eighteen (18) shall be allowed in any
portion of a marijuana testing facility, cultivation facility or products
manufacturing facility. The entrance to a facility shall be clearly
and legibly posted with notice indicating that persons under the age
of eighteen (18) are precluded from entering the premises.
10.
A marijuana dispensary facility shall not dispense more than four (4)
ounces of a usable form of medical marijuana per patient in a thirty-day
period, except as otherwise allowed by law [Art. 2, Sec 3(13)]. All
marijuana sold or otherwise distributed shall be in a sealed container.
Such packaging shall have a label that indicates the quantity and
advises the purchaser that the marijuana is intended for use solely
by the patient, and that any resale or redistribution to any third
person is a criminal violation.
a.
In addition to any sign regulations found within this Code, the following
shall apply to signage for a marijuana dispensary facility:
11.
The consumption, inhalation or other personal use of marijuana or
marijuana-infused products on or within the premises of a marijuana
testing facility, marijuana dispensary facility, marijuana cultivation
facility or marijuana-infused products manufacturing facility is prohibited,
except that a marijuana testing facility may consume marijuana during
the testing process and only as the consumption relates to the testing
process.
12.
Maximum Hours Of Operation.
13.
Security Plans. marijuana testing facilities, marijuana cultivation
facilities, marijuana-infused products manufacturing facility and
marijuana dispensary facilities shall provide adequate security on
the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and stored
in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built
into the premises to store any currency on site.
d.
Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of Police
with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
14.
Operating Plans. As a condition of processing of a business license
application, a facility operator shall provide at the time of filing
the business license application a detailed operations plan and, upon
issuance of a license, shall operate the facility in accordance with
the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the principal
uses of the floor area depicted. A marijuana dispensary facility shall
have a lobby waiting area at the entrance to the center to receive
clients, and a separate and secure designated area for dispensing
marijuana to qualified patients or designated primary caregivers.
The primary entrance of any stand-alone facility shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana of fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
15.
Each facility shall at all times possess a current Village business
license. By obtaining a Village business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current Village business license.
16.
It shall be unlawful for any person to distribute, transmit, give,
dispense or otherwise provide marijuana as a home occupation.
17.
No marijuana dispensary facility, marijuana testing facility, marijuana
cultivation facility or marijuana-infused products manufacturing facility
shall be operated within the Village without a valid license issued
by the Missouri Department of Health and Senior Services. No marijuana
or marijuana-infused products shall be acquired, certified, delivered,
processed, sold, stored, tested, or transported within the Village,
except by persons or entities licensed for such purposes by the Missouri
Department of Health and Senior Services.
18.
Application Review Process.
a.
Site Review Permit. This preliminary permit reviews the proposed
marijuana-related use for compliance with the Village's zoning and
location standards prior to issuance of State license. A draft of
proposed security and floor plans should also be provided. Site review
approval shall expire, and be of no effect, one (1) year after the
date of issuance thereof.
b.
Business License. Once State licensing has been received, the business
license shall include all relevant State approvals and approved operating
plans and security plans.
c.
Occupancy Permit. Once a business license and site review permit
is obtained, the applicant shall apply for an occupancy permit.
