[R.O. 2009 §410.290; Ord. No. 2040 §5-1, 9-15-2003]
A. The use table of this Article provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations of Article
V and the zoning district regulations of Article
IV, the text of the zoning district regulations shall prevail.
1. Permitted (by right). Uses identified in a zoning
district column of the Use Table with a "P" are "permitted by right"
and shall be permitted in such zoning district, subject to such conditional
use regulations as may be indicated in the "conditions" column and
all other requirements of this zoning ordinance.
2. Conditional uses. Uses identified in a zoning district
column of the Use Table with a "C" are "conditional uses" and shall
be permitted in such zoning district if reviewed and approved in accordance
with the standards of this Section. Conditional uses shall be subject
to such conditional use regulations as may be indicated in the "use
standards" column and all other requirements of this zoning ordinance.
3. Not permitted. Any use not shown as a use permitted
by right ("P") or as a conditional use ("C") in a zoning district
is specifically prohibited in that district. Uses not listed have
been determined either not to be appropriate in any district, incompatible
with certain existing uses or sufficiently rare or unexpected as to
be incapable of being listed at the time of adoption of this Code.
Any use not shown as a use permitted by right or conditional use in
any zoning district, but constituting a use that is required to be
permitted by law, shall be authorized only in the "HI" Industrial
District subject to the following conditions.
a. The use shall be permitted only to the extent required by law to
be permitted;
b. The use shall be approved only as a conditional use, except if by
law it is required to be permitted by right;
c. The use shall be located no closer than one thousand (1,000) feet
from any residence, residential property, park, school or church,
except as may be modified by the Governing Body through a planned
use procedure; and
d. The use shall maintain a distance of at least one thousand (1,000)
feet from any other such use having the same description.
[Ord. No. 2801, 7-15-2019; Ord.
No. 2983, 2-6-2023]
A. The
purpose of these regulations is to provide a uniform and comprehensive
set of standards for the location and development of facilities intended
for the production, testing, and distribution of marijuana/cannabis,
as provided in the Missouri Constitution and regulated by the Missouri
Department of Health and Senior Services. The intent of these regulations
is to protect the public health, safety and community welfare, while
allowing the development of centers for the regulated and controlled
production, testing, and distribution of Cannabis for medical purposes,
while ensuring that the provisions of State and City law are met.
B. Marijuana/Cannabis
cultivation centers and marijuana-infused manufacturing facilities,
whether medical or otherwise, shall be permitted uses by right in
the Agricultural ("AG"), Light Industrial ("LI"), and Heavy Industrial
("HI") zoning districts. Medical marijuana/Cannabis dispensing organizations
shall be permitted uses by right in Heavy Industrial ("HI"), Light
Industrial ("LI"), Health Service ("HS"), and Highway Commercial ("HC")
districts, and permitted as a conditional use in Downtown Commercial
("DC") and General Commercial ("GC") districts. Marijuana testing
facilities and marijuana transportation facilities shall be a permitted
use by right in Light Industrial ("LI"), Heavy Industrial ("HI"),
and Highway Commercial ("HC") districts, and as a conditional use
in General Commercial ("GC"), Downtown Commercial ("DC"), and Health
Service ("HS") districts.
C. Cultivation
centers, manufacturing facilities, testing facilities, transportation
facilities and dispensing organizations shall conform to and meet
all regulations established by the State of Missouri and the City
of Higginsville.
D. Where a conditional use permit is required by this Section, all policies, procedures and standards of Article
VIII, Conditional Use Regulations, shall apply, except as otherwise noted in Section
410.310, Use Standards.
E. Signage shall be as permitted under Article
XI of this Code.
[R.O. 2009 §410.310; Ord. No. 2040 §5-3, 9-15-2003; Ord. No. 2076 §1, 6-21-2004; Ord.
No. 2395 §1, 9-7-2010; Ord. No. 2527 §2, 2-3-2014; Ord.
No. 2565 §1, 12-15-2014; Ord. No. 2573 §1, 3-2-2015; Ord. No. 2673 § 1, 5-15-2017; Ord. No. 2693, 11-6-2017; Ord. No. 2785, 3-4-2019; Ord. No. 2801, 7-15-2019; Ord.
No. 2932, 5-2-2022; Ord. No. 2933, 5-2-2022; Ord. No. 2971, 10-17-2022]
The conditional use standards of this Section shall apply to
permitted, conditional uses and accessory uses, as noted.
A. Accessory Uses. 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 zoning
ordinance.
1.
Residential Accessory Uses. Residential uses shall include,
but not be limited to, the following accessory uses, activities and
structures:
b.
For lots of twenty thousand (20,000) square feet or less; garages,
carports and off-street parking and loading areas, provided that a
detached garage or carport in a residential district shall not cover
more than a total of seven hundred fifty (750) square feet, or up
to ten percent (10%), of the total lot area, whichever is less;
c.
For lots greater than twenty thousand (20,000) square feet;
garages, carports and off-street parking and loading areas, provided
that a detached garage or carport in a residential district shall
not cover more than a total of five percent (5%) of the total lot
area;
d.
Gardens, provided that they meet the required front yard setbacks
of the district in which they are located;
f.
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;
g.
Home occupations, subject to the home occupation requirements
of this Section;
h.
Playhouses, patios, cabanas, porches, gazebos, and similar structures
for outdoor use, provided that such structures shall not cover more
than five percent (5%) of the total lot area;
i.
Radio and television receiving antennas and support structures,
not to exceed thirty (30) feet or a height as approved by the City;
j.
Recreational and play facilities for residents;
k.
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 driveways of private homes. Stored vehicles
or equipment shall not protrude onto public property or obstruct any
sidewalks. Recreational vehicles or equipment shall not be stored
within required off-street parking spaces. 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;
l.
Storm shelters and fallout shelters;
m.
Other necessary and customary uses, determined by the Zoning
Administrator 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 Zoning Administrator to ensure
land use compatibility; and
n.
Swimming pools, subject to a setback of no less than four (4)
feet from a protective fence, no less than four (4) feet in height
around the perimeter of the pool; with a self-closing and self-latching
gate. Required fencing around swimming pools shall comply with Section
3109 of the 2009 International Building Code, or the most recently
adopted version, and Appendix G of the 2009 International Residential
Code, or the most recently adopted version.
2.
Non-Residential Accessory Uses. Non-residential uses shall include,
but not be limited to, the following accessory uses, activities and
structures:
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, when located on the second story of a commercial
structure located in the "DC" District;
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 and support structures;
h.
Restaurants, newsstands, gift shops, swimming pools, tennis
courts, clubs and lounges, when in a permitted hotel, motel or office
building;
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 the provisions of Subsection
(A)(4) of this Section;
k.
The storage of merchandise, when located within the same building
as the principal business; and
l.
Other necessary and customary uses, determined by the Zoning
Administrator to be appropriate, incidental and subordinate to the
principal use on the lot, subject to compliance with any development
and performance standard imposed by the Zoning Administrator to ensure
land use compatibility.
3.
Accessory Use Development And Operational Standards. The following
standards shall apply to all accessory uses and structures, unless
otherwise specifically provided.
a.
Exterior Setback. No accessory structure shall be located within
a required exterior setback.
b.
Interior (Rear) Setback. Accessory structures shall not be required
to comply with the interior rear setback standard that applies to
principal uses. Accessory structures shall, however, be set back at
least five (5) feet from rear lot lines and shall not be closer to
the side lot line than the applicable minimum interior setback.
c.
Interior (Side) Setbacks. No accessory structure shall be located
within a required interior side setback.
d.
Setbacks From Easements. No accessory structure shall be located
within any platted or recorded easement or over any known utility.
e.
Height. No accessory structure shall exceed the maximum height
standards of the underlying district unless specifically authorized.
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. Accessory buildings
and structures shall be included in the total lot coverage.
4.
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 one thousand (1,000) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Article
IX.
b.
Screening. All collection stations shall be screened from public
view of adjoining properties or any street right-of-way with a six
(6) foot tall, one hundred percent (100%) opaque, solid screen, or
be wholly contained within a structure.
c.
Separation From Residential. Recycling collection station structures
shall be located at least one hundred fifty (150) feet from adjacent
property zoned "SF-1," "SF-2," "SF-3," "MR" or "MHP."
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.
e.
Maintenance. An employee, business owner or property owner shall
be responsible for keeping the recycling sites in a clean and safe
condition, and shall pick up any recycled 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 Zoning
Administrator.
g.
Signs. 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 Zoning Administrator.
B. Concentrated feeding operations shall not be permitted.
C. Adult Entertainment Establishments — Both Categories.
1.
Adult Entertainment Establishments Enhanced.
a.
The enhanced adult entertainment establishments are hereby prohibited
in all zoning districts within the City of Higginsville, and no building,
structure, premises or land shall be used, constructed, reconstructed,
altered or expanded as or for an adult entertainment establishment,
enhanced.
2.
Adult Entertainment Establishments.
a.
Adult entertainment establishments (not enhanced) are permitted
only in "GC," "LI" and "HI" Districts.
b.
Adult entertainment establishments may not be located within
one thousand (1,000) feet of any school, religious assembly, public
park, property zoned for residential purposes, day care center, commercial
day care, limited day care or other adult entertainment establishment.
c.
Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the nearest point of the
premises from which the adult entertainment establishment would be
operated, to the nearest point on the property line of any school,
religious assembly, public park, property zoned for residential purposes,
day care center, commercial day care or limited day care located within
the City.
D. Bed And Breakfast. Bed and breakfast facilities shall be allowed
in "SF-1" Single-Family Residential, "SF-2" Single-Family Residential,
"SF-3" Single and Two-Family Residential, "MR" Multi-family Dwelling,
"AG" Agricultural, "GC" General Commercial and "DC" Downtown Commercial
Districts, by conditional use permit. The following requirements shall
apply to all bed and breakfast facilities:
1.
The structure in which the bed and breakfast facility is located
shall contain no less than two thousand (2,000) square feet of habitable
floor area, and shall comply with standards for minimum dwelling size,
as required in the "MR" District for multi-family dwellings.
2.
The establishment is located in a dwelling unit permanently
occupied by the owner or manager, wherein as an accessory use to the
residential use, rooms are rented to the public for not more than
fourteen (14) consecutive nights.
3.
Two (2) off-street parking spaces with one (1) additional off-street
parking space, per lodging room, shall be provided and said spaces
shall be adequately screened from neighboring property.
4.
A time period may be established by the Board of Aldermen for
each bed and breakfast establishment.
5.
No more than four (4) bedroom units may be provided to guests.
The Board of Aldermen may, however, further limit the number of lodging
rooms allowed, in order to maintain the character of the neighborhood
in which the bed and breakfast facility is located.
E. Cemeteries, Crematories And Mausoleums. The following standards shall
apply to cemeteries, crematories and mausoleums:
1.
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.
2.
Landscape Buffer. A landscape buffer shall be provided along all property lines abutting any "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property pursuant to Article
XII.
3.
Crematories shall not abut a residential district.
F. Communication Towers. Communication towers shall be subject to the
following standards:
1.
Intent And Purpose. The purpose of this Subsection is to regulate
the placement, construction and modification of communications towers,
support structures and antennas, in order to protect the health, safety
and welfare of the public, while at the same time not unreasonably
interfering with the development of the competitive wireless telecommunications
marketplace in the City. This Section is intended to:
a.
Provide for the appropriate location and development of telecommunications
facilities and systems to serve the citizens and businesses of the
City;
b.
Minimize adverse visual impacts of communications antennas and
support through the careful design, siding, landscape screening and
innovative camouflaging techniques;
c.
Maximize the use of existing and new support structures so as
to minimize the need to construct new or additional facilities;
d.
Maximize the collocation of facilities on any new support structures;
e.
Ensure that any new communications tower or structure is located
in an area compatible with the neighborhood or surrounding community,
to the extent possible;
f.
Ensure that regulation of communications towers and structures
does not have the effect of prohibiting the provision of personal
wireless services, and does not unreasonably discriminate among functionally
equivalent providers of such service;
g.
This Section will be interpreted and enforced in compliance
with the requirements of Sections 67.5092 through 67.5104, RSMo.,
47 CFR 1.40001, and any applicable Federal or State limitations on
local regulation.
2.
Legislative Findings.
a.
On February 8, 1996, Congress enacted the Federal Telecommunications
Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation
of the telecommunications industry and providing a more competitive
environment for wired and wireless telecommunications services in
the United States.
b.
The Telecommunications Act of 1996 preserves the authority of
the City to regulate the placement, construction and modification
of towers and antenna support structures and to protect the health,
safety and welfare of the public.
c.
The City has been granted the authority to enact legislation
to regulate the construction, placement and operation of telecommunications
towers and antennas pursuant to its zoning powers established in Chapter
89, RSMo., as amended, State Statute and additionally pursuant to
its general and specific police powers established by Statute authorizing
the regulations herein to protect the public health, safety and welfare.
d.
The Federal Communications Commission (FCC) has exclusive jurisdiction
over:
(1) The regulation of the environmental effects of
radio frequency emissions from telecommunication facilities; and
(2) The regulation of radio signal interference among
users of the radio frequency spectrum.
e.
Consistent with the Telecommunications Act of 1996, the regulations
of this Section will not have the effect of prohibiting the provision
of personal wireless services and do not unreasonably discriminate
among functionally equivalent providers of such service. The regulations
also impose reasonable restrictions to protect the public safety and
welfare and ensure opportunities for placement of antennas with prompt
approval by the City. The Section does not attempt to regulate in
areas within the exclusive jurisdiction of the FCC.
f.
The uncontrolled proliferation of towers in the City is threatened,
without adoption of new regulations, and diminished property values,
harmed aesthetic quality of the City, and threat to the health, safety
and welfare of the public would all result from lack of regulation.
3.
General Requirements.
a.
The requirements set forth in this Section shall be applicable to all communications towers, antennas and other support structures installed, built or modified after the effective date of this Section the full extent permitted by law, except with respect to collocations, which shall be governed by Subsection
(F)(7) below.
b.
Building Codes, Safety Standards And Zoning Compliance. The
design for a communications tower shall bear the seal of a structural
engineer licensed and in good standing with the State of Missouri.
The structural engineer shall certify that the tower has been designed
such that in the event of structural failure, it shall only fall on
the property upon which it has been erected and shall not fall on
any neighboring property. To ensure the structural integrity of antenna
support structures, the owner shall see that it is constructed and
maintained in compliance with all standards contained in applicable
State and local building codes and the applicable standards published
by the Electronics Industries Association, as amended from time to
time. In addition to any other approvals required by this Section,
no antenna, tower or support structure shall be erected without verification
of zoning compliance and issuance of a building permit.
c.
Regulatory Compliance. All antennas and support structures shall
meet or exceed current standards and regulations of the FAA, FCC and
any other of State or Federal agency with the authority to regulate
communications antennas and support structures. Should such standards
or regulations be amended, then the owner shall bring such devices
and structure into compliance with the revised standards or regulations
within the time period mandated by the controlling agency. No approval
for any placement, construction or modification of any antenna or
structure permitted by this Section shall be granted for any applicant
having an uncured violation of this Section or any other governmental
regulatory requirement related to such antenna or structures within
the City.
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 or wall line.
(3) If high voltage is necessary for the operation
of the communication tower and if it is present in a ground grid or
in a 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.
Security. All antennas and support structures shall be protected
from unauthorized access by appropriate security measures. A description
of proposed security measures shall be provided as part of any application
to install, build or modify antennas or support structures.
g.
Interpretation. This Section will be interpreted and enforced
in compliance with the requirements of Sections 67.5092 through 67.5104,
RSMo., and 47 CFR 1.40001, and any applicable Federal or State limitations
on local regulation.
h.
Lighting. Antennas and support structures shall not be lighted
unless required by the FAA or other State or Federal agency with authority
to regulate, in which case a description of the required lighting
scheme will be made a part of the application to install, build or
modify the antennas or support structure. Equipment cabinets and shelters
may have lighting only as approved by the Board of Aldermen as part
of the conditional use permit approval.
i.
Removal Of Obsolete And Unused Towers. All obsolete or unused
communication towers shall be removed within twelve (12) months of
cessation of use.
j.
Advertising. Except for disguised antenna support structure
in the form of attachment to an existing and otherwise lawfully permitted
pylon sign, the placement of advertising on structures regulated by
this Section is prohibited.
k.
Design.
(1) Communication towers, except towers owned or operated
by the City, shall not exceed one hundred (100) feet unless approved
by a conditional use permit.
(2) No two (2) towers, except towers owned or operated
by a government entity, shall be located within a one thousand (1,000)
foot radius. The distance shall be calculated from the center of the
base of the tower.
(3) The design of the tower, compound and building
mounted antennas shall maximize use of building materials, colors,
textures, screening and landscaping that effectively blend the communication
facilities within the surrounding natural setting and built environment.
(4) Landscaping or sight proof fencing shall be required
around the base of the communication tower and around ancillary structures,
as indicated on a sketch plan. Landscaping shall be required to effectively
screen ancillary structures from adjacent development and roadways.
Landscaping shall include evergreen trees a minimum of six (6) feet
in height. The evergreen trees shall be planted ten (10) foot on center.
(5) Communication towers, excluding stealth towers,
shall be set back from any public right-of-way a minimum of fifty
(50) feet. Stealth towers shall be set back from a public right-of-way,
the minimum setback required by the zoning district in which the tower
is located.
(6) All towers, disguised support structures, and related
structures, fences and walls shall be separated from the property
line of any adjacent property at least a distance equal to one-half
(1/2) of the height of the tower or structure.
(7) Antennas on structures, including signage, shall
be painted or treated to match the structure to which they are attached.
Antennas shall not exceed five (5) feet above the structure, unless
additional height is authorized in the conditional use permit approving
the antennas.
(8) Towers shall not exceed the height limitation of
any overlay zone, as may be adopted by the City.
(9) On-site parking for periodic maintenance and service
shall be provided as all antenna or tower locations consistent with
the underlying zoning district.
4.
Shared Use. All new communication towers shall be constructed
to accommodate at least one (1) additional user. Collocation on towers
shall be encouraged; the applicant for a permit for a communication
tower shall submit a report to show that no viable collocation site
exists to meet the applicant's coverage requirement. The report shall
address all the existing towers within one (1) mile of the proposed
tower location and shall indicate the reasons the existing tower(s)
cannot include the proposed tower/antenna for collocation. The report
shall include RF frequency coverage map(s) for the proposed tower
and the existing towers within the one (1) mile radius. The report
shall be signed and certified by an electrical frequency engineer.
5.
Obsolete Equipment. Any antenna or other attachment to a communications
tower, which is not in use for a period of six (6) months or more,
shall be removed by the tower owner.
6.
Commercial Operation Of Unlawful Tower Or Antennas. Notwithstanding
any right that may exist for a governmental entity to operate or construct
a tower or structure, it shall be unlawful for any person to erect
or operate for any private commercial purpose of any antenna, tower
or disguised support structure in violation of any provision of this
Section, regardless of whether such antenna or structure is located
on.
7.
Permitted Use. The placement of antennas and equipment is permitted
in all zoning districts without conditional use permit only as follows:
a.
The attachment, antenna or equipment is a "collocation," as
that term is defined in Section 67.5092, RSMo., and as amended.
b.
The mounting of antennas on any existing building or structure,
such as a water tower, provided that the presence of the antennas
is concealed by architectural elements or fully camouflaged by painting
a color identical to the surface to which they are attached.
8.
Application Procedures. Applications for permits for placement
of allowed antennas and equipment shall be made on appropriate forms
to the Zoning Administrator and accompanied by payment of five hundred
dollars ($500.00), or such other fee as may be established by the
Board.
a.
A detailed site plan, based on a closed boundary survey of the
host parcel, shall be submitted indicating all existing and proposed
improvements including buildings, drives, walkways, parking areas
and other structures, public rights-of-way, the zoning categories
of the subject and adjoining properties, the location of and distance
to off-site residential structures required setbacks, required buffer
and landscape areas, hydrologic features and the coordinates and height
of existing or proposed tower.
b.
The application shall be reviewed by the Zoning Administrator
to determine compliance with the above standards and transmit the
application for review and comment by other departments and public
agencies as may be affected by the proposed facility.
c.
The Zoning Administrator shall issue a decision on the permit
within forty-five (45) days of the date of application shall be deemed
approved unless the time period for review and action was extended
pursuant to Section. The Zoning Administrator may deny the application
or approve the application as submitted or with such modifications
as are, in his/her judgment, reasonably necessary to protect the safety
or general welfare of the citizens consistent with the purpose of
this Article.
d.
A decision to deny an application shall be made in writing and
state the specific reasons for the denial.
e.
Appeals. Appeals from the decision of the Zoning Administrator
shall be made in the same manner as otherwise provided for the appeal
of administrative decisions.
9.
Conditional Use Permit Required. All proposals to install, build or modify a communications tower or an antenna or support structure not permitted by Subsection
(F)(7) above shall require the approval of conditional use permit, following a duly advertised public hearing by the Planning Commission, subject to the following limitations.
a.
Applications of conditional use permits shall be filed and processed, subject to the requirements of and in the manner and time frame as established in Article
VIII of this Chapter. A decision by the Governing Body shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application, or thereafter, or presented during the public hearing by the applicant or others. The fee for application for a conditional use permit under this Subsection shall be five hundred dollars ($500.00).
b.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated, by substantial evidence, that placement of an antenna or support structure, pursuant to Subsection
(F)(7) of this Section is not technologically or economically feasible. The Governing Body may consider current or emerging industry standards and practices among other information, in determining feasibility.
c.
Final action on conditional use permits shall be taken within
one hundred twenty (120) days, except for applications for substantial
modifications as defined in Section 67.5092, RSMo., and as amended,
which shall require final action within forty-five (45) days.
10.
Deficient Applications. Any applicant for collocation whose
application is insufficient shall be notified of that fact within
fifteen (15) days. Any other applicant whose application is insufficient
shall be notified within thirty (30) days.
G. Composting Facility. The following standards shall apply to all compost
facilities.
1.
Landscape Buffer. Compost facilities shall have a landscape buffer around its perimeter, pursuant to Article
XII. 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.
2.
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 Zoning Administrator
may require a traffic report to be submitted with the conditional
use permit application.
3.
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.
4.
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 any property zoned "SF-1," "SF-2," "SF-3," "MR"
or "MHP."
5.
Hours Of Operation. Uses shall not operate before sunrise or
after sunset. When located within one thousand (1,000) feet of an
"SF-1," "SF-2," "SF-3," "MR" or "MHP" Zoning District, the use shall
not operate after 7:00 P.M. or before 8:00 A.M.
6.
Paving. All roads, driveways, parking lots and loading/unloading
areas within five hundred (500) feet of any lot line shall be graded
and improved with all-weather material.
7.
Stormwater Management. A stormwater management plan may be required
at the discretion of the City Engineer.
8.
Litter Control. The operation shall be attended on days of operation
to maintain the property in a clean, litter-free condition.
9.
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.
10.
Material. No food scraps (except for vegetable scraps) or other
vermin-attracting materials shall be processed, stored or disposed
of on the site of the compost facility. Only yard/garden wastes are
allowed as compost material.
11.
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.
H. 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.
I. Day Care.
1.
Day Care, Limited. Limited day care uses shall be conducted
in a single-family or two-family dwelling unit that is occupied as
a permanent residence by the day care provider.
2.
Day Care, Commercial.
a.
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.
b.
Vehicle Drop-Off Area. An off-street loading zone, capable of
holding one (1) car per ten (10) individuals cared for, shall be provided,
in addition to the required parking area, in order to provide for
easy pickup and discharge of passengers.
J. Golf Courses.
1.
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.
2.
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-1,"
"SF-2" or "SF-3" Zoning District.
K. Group Home. Group homes shall be subject to the following standards,
only when located in an "AG," "SF-1," "SF-2," "SF-3," "MR" or "MHP"
District.
1.
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. 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.
2.
Neighborhood Character. A group home constructed in an "AG,"
"SF-1," "SF-2" or "SF-3" District shall be constructed to be compatible
with the architectural character of the neighborhood in which it is
located.
L.
Home Occupations.
Home occupations shall be permitted in all districts permitting dwellings.
1.
As used in this Section, the following terms shall have the
meanings indicated:
GOODS
Any merchandise, equipment, products, supplies, or materials.
HOME-BASED BUSINESS/HOME OCCUPATION
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services, and that is owned and operated
by the owner or tenant of the residential dwelling. Any home occupation
must consist solely of "home-based work" that is performed by a resident
within a residential home or accessory structure.
HOME-BASED WORK
Work performed by a resident within a residential home or
accessory structure, which is clearly incidental and secondary to
the use of the dwelling unit for residential purposes, and does not
change the residential character of the residential building or adversely
affect the character of the surrounding neighborhood.
NO IMPACT HOME OCCUPATION
Any business operated in a residential dwelling that manufactures,
provides, or sells goods or services, and that is owned and operated
by the owner or tenant of the residential dwelling; and:
a.
The total number of employees and clients on site at one time
does not exceed the occupancy limit for the residential dwelling;
and
b.
The activities of the business:
(1)
Are limited to the sale of lawful good and services;
(2)
May involve having more than one (1) client on the property
at one time;
(3)
Do not cause a substantial increase in traffic through the residential
area;
(4)
Do not violate any parking regulations established by the political
subdivision;
(5)
Occur inside the dwelling or in the enclosed yard of the residential
dwelling;
(6)
Are not visible from the street; and
(7)
Do not violate any narrowly tailored regulations established
under Subsection three (3) of this Section.
c.
Restrictions And Limitations.
(1)
All materials or equipment used in the home occupation shall
be stored within an enclosed structure.
(2)
No alteration of the exterior of the principal residential structure
shall be made which changes the character thereof as a dwelling.
(3)
No sign shall exceed four (4) square feet, shall not be illuminated
and shall be placed flat against the main wall of the principal residential
structure.
(4)
No equipment shall be utilized that creates a nuisance due to
noise, odor, emissions or electrical interference.
(5)
No traffic shall be generated by the activity of the home occupation
that is abnormal to a residential neighborhood.
M. Kennel. A kennel shall harbor no more than twenty (20) animals and
located no closer than fifty (50) feet to another dwelling, including
outside runs, and shall contain at least one (1) fully enclosed shelter
for each animal or animals and provide an exercise area.
N. Landfills And Mining And Quarrying. Landfills and mining and quarrying
uses shall be subject to the following standards:
1.
Minimum Site Area. A minimum site area of thirty-five (35) acres
shall be required.
2.
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 study shall be required.
3.
Hours Of Operation. Uses shall not operate before sunrise or
after sunset if located within one thousand (1,000) feet of an "SF-1,"
"SF-2," "SF-3," "MR" or "MHP" zoned property.
4.
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 an "SF-1," "SF-2," "SF-3," "MR"
or "MHP" zoned property.
5.
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 adjoining lots and public roads the nuisance caused by wind-borne
dust.
6.
Slopes. The slope of material in any excavation shall not exceed
the normal angle of repose or fifty-five degrees (55°), whichever
is less.
7.
Buffers And Fences. 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. A buffer shall be provided around the site pursuant to Article
XII.
8.
Stormwater Management. A stormwater management plan shall be
required.
9.
Site Restoration. The following restoration requirements shall
apply to all excavation uses, provided that landfills shall, instead,
be subject to State and Federal requirements.
a.
Restoration Plan. Before approval of a conditional use permit
for an excavation use, the operation shall submit to the Zoning Administrator
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.
c.
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 Board of Aldermen 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.
d.
Water Quality. In restoration, no filling operations shall be
permitted which will likely result in contamination of groundwater
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
subsurface water or into the atmosphere.
e.
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.
f.
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.
10.
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 and Federal
Health Department requirements pertaining to facilities, equipment
and other features.
O. Manufactured Home — Residential Design. Dwellings proposed
for manufactured home residential-design development shall be sited
only in designated overlay districts, as defined by the City of Higginsville.
The following standards shall apply to all manufactured home residential
design dwellings.
1.
The manufactured home shall have minimum dimensions of twenty-two
(22) feet in width and forty (40) feet in length;
2.
The pitch of the roof of the manufactured home shall have a
minimum vertical rise of four (4) feet for each twelve (12) feet of
horizontal run and the roof finished with a type of shingle that is
commonly used in standard residential construction in the City;
3.
All roof structures shall provide an eave projection of no less
than twelve (12) inches, exclusive of any guttering;
4.
The exterior siding shall consist of vinyl or metal horizontal
lap siding (whose reflectivity does not exceed that of low-luster
white paint), wood or hardboard, comparable in composition, appearance
and durability to the exterior siding commonly used in standard residential
construction in the City;
5.
The manufactured home shall be set up in accordance with the
recommended installation procedures of the manufacturer and the standards
set by the National Conference of States on Building Codes and Standards
and published in "Manufactured Home Installations, 1987" (NCS BCS
A225.1) as required of the City and a continuous, permanent masonry
foundation or masonry curtain wall or poured concrete wall, unpierced,
except for required ventilation and access, is installed under the
perimeter of the residential-design manufactured home;
6.
Stairs, porches, entrance platforms, ramps and other means of
entrance and exit to and from the home shall be installed or constructed
in accordance with the standards set by the building code and attached
firmly to the primary structure and anchored securely to the ground;
and
7.
A manufactured home residential design, when installed, shall
have substantially the same appearance of an on-site, conventionally
built, single-family dwelling.
P. Multi-Family. Multi-family land uses are allowed in the "DC" District,
provided they are located on or above the second floor of a commercial
building.
All other multi-family development shall be subject to the following
design guidelines and standards:
1.
Site Plan Review. Multi-family development shall be subject to site plan review requirements and procedures of Article
IX.
2.
Natural Features And Environment. Each site should be designed
to preserve natural features and environmental resources, such as:
a.
Floodplains and drainage ways.
c.
Prominent ridges and rock ledges.
d.
Existing tree cover, including tree masses, windrows and significant
individual trees.
3.
Cut And Fill. Excessive cut and fill are unacceptable. The site
plan should preserve the natural topography of the site.
4.
Pedestrian Circulation. Pedestrian circulation systems (sidewalks,
walkways and paths) shall be located and designed to provide physical
separation from vehicles along all public and private streets and
within any parking area.
5.
Building Separation. All buildings shall be separated by a minimum
distance of fifteen (15) feet.
6.
Lot Coverage. Each site plan should be designed to reflect unique
site characteristics and strong neighborhood environments without
overcrowding the site.
7.
Access. All multi-family residential developments of four (4)
units or more shall have direct vehicular access to collector, arterial
or higher classification streets. Multi-family residential development
shall not take access to local streets.
8.
Open Space. Open space should be provided to meet active and
passive use requirements of the neighborhood.
a.
At least ten percent (10%) of the total site area shall be set
aside as common open space. The common open space shall be suitable
for active or passive recreational use. Common open space areas should
be centrally placed within the neighborhood. Common open space may
include pools, tennis courts and playgrounds. Common open space may
not be counted toward nor located in required zoning district setbacks.
b.
A minimum of sixty (60) square feet of private open space shall
be provided for each ground-level dwelling unit and each dwelling
unit that is accessible from a walk-out basement. Private areas should
allow only limited access and be enclosed to ensure privacy. Private
areas typically include yards, balconies and patios.
9.
Building Clustering. Unusable and unassigned open space surrounding
buildings should be reduced by clustering buildings. Buildings should
be clustered around a central common area and not have the primary
orientation directed toward the parking area.
10.
Building Orientation.
a.
Individual Buildings. Individual buildings should be oriented
in a way that established neighborhoods and sub-neighborhoods.
b.
Reduction Of Unusable Open Space. Unusable open space should
be reduced through building orientation, the use of low walls, fencing,
landscaping and entry design.
11.
Vehicular Circulation And Parking.
a.
Street Layout. The layout of streets should provide for safe
operation of vehicles within the neighborhood. Excessively straight
and wide streets encourage high-speed traffic and should be avoided.
Curvilinear designs, reduced street widths and cul-de-sacs create
stronger neighborhood environments.
b.
Parking Area Layout. Double-loaded parking areas along private
streets or drives are generally not acceptable. Parking areas should
be clustered and separated from the street.
c.
Parking Enclosures. Parking enclosures should be designed and
sited so as to compliment the primary structures and to provide visual
relief from extensive pavement area.
12.
Pedestrian Circulation.
a.
Pedestrian Linkages. Pedestrian access should be designed to
provide reasonable linkages of dwelling units to neighborhood facilities
such as recreation, services, mail and parking.
b.
Landscaping Details. Pedestrian systems should incorporate landscaping
details to increase the visual interest and character of the neighborhood.
c.
Landscaping. Landscaping should be designed in sufficient form,
quantity and location to reduce, to the greatest extent possible,
negative impacts affecting the site and adjacent properties and to
increase the sense of neighborhood scale, character and identity.
d.
Architectural Design. The architecture of multi-family housing
is a key element in determining the character of a neighborhood. The
architecture should create a strong feeling of identity through design
principles of scale, harmony, rhythm and balance.
e.
Elongated sites with rectangular, double-loaded building footprints
should be avoided. These designs typically lack interest and fail
to create a strong sense of neighborhood.
f.
The architectural design of each unit or building should impart
a feeling of neighborhood scale. Units should be designed with vertical
and horizontal offsets to break up roof lines, define private outdoor
areas, allow greater views and admit light and air to unit interiors.
Large, blank wall surfaces should be avoided. Windows and projecting
wall surfaces should be used to break up larger wall surfaces and
establish visual interest.
g.
The same level of architectural design and quality of materials
should be applied to all sides of the building. The side and rear
elevations, garages, carports, and all accessory structures should
maintain the same level of design, aesthetic quality and architectural
compatibility.
h.
Screening from the street of all outdoor refuse areas, ground-mounted
mechanical equipment, utilities, and banks of meters shall be provided.
The screening of these items is to be architecturally compatible with
the major building components and may include landscaping.
Q. Recreation And Entertainment, Outdoor. Outdoor recreation and entertainment
uses shall be located on arterial or collector streets. Public activity
areas shall be located at least two hundred (200) feet from any adjacent
"SF-1," "SF-2," "SF-3," "MR" or "MHP" Zoning District.
R. Recreational Vehicle Parks. Recreational vehicle parks shall be permitted
subject to the following conditions:
1.
The site selected for recreational vehicle parks shall be well
drained and primarily designed to provide space for short-term occupancy
to the traveling public. Location of the site may not necessarily
front on a major roadway or thoroughfare, but it shall be directly
accessible to the major roadway by means of a private road or public
road that it has frontage on. Short-term occupancy shall not exceed
thirty (30) days, except as approved by the Zoning Administrator.
2.
Minimum tract size shall be two (2) acres and shall be in one
(1) ownership. RV parks shall be located at least two hundred (200)
feet from any residential district.
3.
The maximum number of recreational vehicle spaces allowed within
the permitted districts shall not be more than twenty (20) per acre.
Consideration shall be given to whether the recreational vehicle park
and the density level are designed accordingly. The densities of overnight
use may be higher than destination type since it primarily serves
as a short stopping point while the destination type recreational
vehicle park located at or near a scenic historical or outdoor recreational
area provides for longer and extended stays of several days or weeks.
4.
Minimum width of a recreational vehicle space shall be twenty-five
(25) feet. The space shall be so designed to provide space for parking
both a travel trailer and towing vehicle off the roadway. No travel
trailer unit shall be closer than ten (10) feet to any other adjacent
unit, structure or roadway and all spaces shall have direct access
to the roadway. No unit shall be placed closer than thirty (30) feet
to any of the development property lines and the ten (10) feet nearest
the property line shall be permanently maintained as a sodded and/or
landscaped area.
5.
A central office or convenience establishment with an attendant
shall be provided within the recreational vehicle park to register
guests and provide service and supervision to the camp for camps in
excess of five (5) acres.
6.
The applicant for a recreational vehicle park shall submit a
development plan to the Planning Commission for approval. Such plan
shall contain the information as required below and any other information
the Board reasonably shall deem necessary to fully evaluate the proposed
development. The applicant shall submit the information on a sheet
size not to exceed twenty-four (24) inches by thirty-six (36) inches
dimensions as a proposed development plan showing:
a.
General layout of development with dimensions, depths, number
of spaces and related sanitation accommodations.
b.
Parking area location, sizes and capacity.
c.
Ingress and egress points for the project.
e.
General layout of typical recreational vehicle space showing
size of space and proposed improvements.
f.
Layout of roadway within the camp.
g.
Net density of proposed project, expressed in terms of units
per acre.
h.
General landscaping plan indicating all new and retained plant
material to be incorporated within the new development and layout
of outdoor lighting system.
i.
Plan and method of sewage disposal and water supply.
j.
Location plan and number of proposed sanitary conveniences,
including proposed toilets, washrooms, laundries and utility areas.
k.
The development shall provide a general refuse storage area
or areas that shall be provided with a paved concrete surface and
shall be enclosed to screen it from view.
7.
The recreational vehicle parks shall be planned and constructed
in accordance with the minimum standards as established in this Section
and as outlined below:
a.
All parking areas and roadways shall be constructed and paved
with a hard surface bituminous or concrete material.
b.
All camps shall be provided with general outdoor lighting with
a minimum of three-tenths (0.3) foot-candles of general illumination.
c.
All yard areas and other open spaces not otherwise paved or
occupied by structures shall be sodded and/or landscaped and shall
be maintained.
S. Auditorium Or Stadium. Any parking area used for the overnight parking
of buses and vehicles shall be at least one hundred (100) feet from
the lot line of any lot zoned "SF-1," "SF-2," "SF-3," "MR" or "MHP."
Any such parking area shall be screened from view of adjacent "SF-1,"
"SF-2" or "SF-3" Districts by a landscape buffer approved by the Planning
Commission.
T. Salvage Yards. The following standards shall apply to salvage yards,
scrap and waste material storage yards, auto wrecking and junk yards.
1.
Separation From Residential. No salvage yard shall be located
within three hundred (300) feet of an "SF-1," "SF-2," "SF-3," "MR"
or "MHP" Zoning District.
2.
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 six (6) 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. Scrap, junk or other salvaged materials shall be
piled or stored so that they are not visible from outside the fenced
in area and do not exceed the height of the enclosing fence or wall.
3.
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.
U. Solid Waste Collection/Processing Facilities. The following standards
shall apply to solid waste collection/processing facilities.
1.
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 insurance 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 be piled so to exceed the height of this enclosing fence or wall.
2.
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.
a.
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 as part of the operation.
b.
Loading/Unloading. No solid waste or junk shall be loaded, unloaded
or otherwise placed either temporarily or permanently outside an enclosed
building, fence or 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.
c.
Separation For Residential. No structures shall be located within
three hundred (300) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP"
zoned property.
d.
Hours Of Operation. Uses shall not operate before sunrise or
after sunset if located within one thousand (1,000) feet of an "SF-1,"
"SF-2," "SF-3," "MR" or "MHP" zoned property.
e.
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.
f.
Stormwater Management. A stormwater management plan shall be
required at the discretion of the City.
g.
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.
h.
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 Zoning Administrator if it is determined by
the Zoning Administrator that the use is creating a nuisance for nearby
residents or businesses or is failing to comply with the conditions
imposed on the operation.
V. Temporary Uses Permitted. The following uses shall be allowed on
a lot for which the vendor has permission by property owners.
1.
Christmas Tree Sales. Christmas tree sales in any business or
industrial district for a period not to exceed sixty (60) days. Display
of Christmas trees need not comply with the yard and setback requirements
of these regulations, provided that no trees shall be displayed within
thirty (30) feet of the intersection of the curb line of any two (2)
streets.
2.
Contractor's Office. Contractor's office and equipment sheds
(containing no sleeping or cooking accommodations) accessory to a
construction project and to continue only during the duration of such
project.
3.
Real Estate Office. Real estate office (containing no sleeping
or cooking accommodations unless located in a model dwelling unit)
incidental to a new housing development to continue only until the
sale or lease of all dwelling units in the development.
4.
Seasonal Sales. Seasonal sale of farm produce grown on the premises
in an "AG" District. Structures incidental to such sale need not comply
with the applicable front yard requirements if the structures are
not located within the sight triangle of an intersection, as defined
by these regulations, and are removed or moved back of the required
front yard setback line at the end of the season during which they
are used.
5.
Carnivals And Circuses. A carnival or circus, but only in a
commercial or industrial district, and then only for a period that
does not exceed three (3) weeks. Such use need not comply with the
front yard requirements, provided that structures or equipment which
might block the view of operators of motor vehicles on the public
streets shall conform to the requirements of the sight triangle as
defined by these regulations.
6.
Garage Or Porch Sales. The sale of used or secondhand merchandise
shall be permitted in any residential district, providing that such
use shall not exceed three (3) consecutive days in duration, nor occur
more than twice during a twelve (12) month period at one (1) residence,
excluding City-wide sales.
7.
Temporary Sales, General. No temporary sales establishment shall
be allowed to operate for more than three (3) consecutive days or
more than four (4) separate occasions during a calendar year.
W. Transitional Living Facility. Transitional living centers shall be
subject to the following standards.
1.
Size. No more than ten (10) persons, including staff, shall
reside in the center at one time.
2.
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 school,
or any "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.
X. Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards And Vehicle
Repair (Limited And General).
1.
All vehicles and equipment for display to customers shall be
parked or stored on a hard surface and dust free.
2.
Storage areas for vehicles and equipment shall be fenced and
screened from customers and pedestrians.
Y. Mobile Homes Are Not Permitted.
Z. Special Provisions For Title Loan, Check Cashing, And Unsecured Loan
Businesses.
1.
Separation from residential districts: two hundred (200) feet
from residential districts and five hundred (500) feet from any school,
day care facility, church, or parks 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 short-term loan
service establishment to the nearest lot line of the lot that is zoned
"SF-1," "SF-2," "SF-3," "MR," "MHP" or that contains a school, day
care facility, church, or parks and recreation use.
2.
Separation From Other Short-Term Loan Service. No short-term
loan service establishment shall be allowed to locate or expand within
one thousand five hundred (1,500) feet of any other short-term loan
service use or within one thousand five hundred (1,500) feet of any
pawn shop or precious metal and gem dealer. 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 pawn shop or precious metal
and gem dealer use.
AA.
Special requirements/use standards for cultivation centers,
testing facilities, and medical marijuana-infused manufacturing facilities.
1.
Location. No medical marijuana cultivation center or medical
marijuana-infused manufacturing facilities shall be located within
three hundred (300) feet of the property line of a preexisting public
or private pre-school or elementary or secondary school or day care
center, day care home, group day care home, part day care facility,
place of worship, public park, or an area zoned for residential use.
No medical marijuana dispensary or testing facility shall be located
within three hundred (300) feet of the property line of a pre-existing
public or private pre-school or elementary or secondary school or
day care center, palace of worship, or public park.
2.
Setback from Other Cultivation Centers And Dispensaries. No
cultivation center may be located within one thousand (1,000) feet
of another cultivation center or a dispensary.
3.
Perimeter Setbacks Of Structures On A Site. Unless otherwise
limited under this Chapter, the perimeter setback for a cultivation
center shall be the same as that of the zoning district in which it
is located.
4.
Minimum Yard Requirements. Unless otherwise limited under this
Chapter, cultivation centers must meet the requirements for the zoning
district in which it is located.
5.
Parking. Parking shall be provided according to Article
VII, Section
410.420.
6.
There is no drive-through service, take-out window, or drive-in
service.
7.
All operations are conducted within a completely enclosed building.
8.
Age And Access Limitations. It shall be unlawful for any cultivation center to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under the age of twenty-one (21) years. Access shall be limited exclusively to cultivation center staff, and local and State officials, and those specifically authorized under Missouri Article
XIV, and any subsequent implementing regulations.
9.
Standards For Buffer Measurement. The distances to be measured
in this Section shall be determined as follows:
a.
For all marijuana uses, except medical marijuana transportation
facilities, distance shall be measured as follows:
(1) In the case of a freestanding facility, the distance
between the facility and the buffered location shall be measured from
the external wall of the facility structure closest in proximity to
the buffered location to the closest point of the property line of
the buffered location. If the buffered location 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 buffered location
that is 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 buffered location shall be measured from
the property line of the buffered location to the facility's entrance
or exit closest in proximity to the buffered location. If the buffered
location 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 buffered location that is closest in proximity to the facility.
(3) Measurements shall be made along the shortest path
between the measurement points that can be lawfully travelled by foot
along public routes.
b.
For medical marijuana transportation facilities, distance shall
be measured as follows:
(1) In the case of a freestanding facility, the distance
between the facility and the buffered location shall be measured from
the property line of the facility to the closest point of the property
line of the buffered location.
(2) In the case of a facility that is a part of a larger
structure, such as an office building or strip mall, the distance
between the facility and the buffered location shall be measured from
the property line of the buffered location and the facility's entrance
or exit that is in closest proximity to the buffered location.
(3) Measurements shall be made along the shortest path
between the measurement points that can be lawfully travelled by foot
along public routes.
AC. Special
Requirements/Use Standards For Cultivation Centers, Testing Facilities,
and Marijuana-Infused Manufacturing Facilities.
[Ord. No. 2984, 2-6-2023]
1. Location. No marijuana cultivation center or marijuana-infused manufacturing
facilities shall be located within three hundred (300) feet of the
property line of a pre-existing public or private pre-school or elementary
or secondary school or day care center, day care home, group day care
home, part day care facility, place of worship, public park, or an
area zoned for residential use. No marijuana dispensary or testing
facility shall be located within three hundred (300) feet of the property
line of a pre-existing public or private pre-school or elementary
or secondary school or day care center, place of worship, or public
park .
2. Setback From Other Cultivation Centers And Dispensaries. No cultivation
center may be located within one thousand (1,000) feet of another
cultivation center or a dispensary.
3. Perimeter Setbacks Of Structures On A Site. Unless otherwise limited
under this Chapter, the perimeter setback for a cultivation center
shall be the same as that of the zoning district in which it is located.
4. Minimum Yard Requirements. Unless otherwise limited under this Chapter,
cultivation centers must meet the requirements for the zoning district
in which it is located.
5. Parking. Parking shall be provided according to Article
VII, Section
410.420.
6. There is no drive-through service, take-out window, or drive-in service.
7. All operations are conducted within a completely enclosed building.
8. Age And Access Limitations. It shall be unlawful for any cultivation center to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under twenty-one (21) years of age . Access shall be limited exclusively to cultivation center staff, and local and State officials, and those specifically authorized under Missouri Article
XIV, and any subsequent implementing regulations.
9. Standards For Buffer Measurement. The distances to be measured in
this Section shall be determined as follows:
a. For all marijuana uses, except marijuana transportation facilities,
distance shall be measured as follows:
(1)
In the case of a freestanding facility, the distance between
the facility and the buffered location shall be measured from the
external wall of the facility structure closest in proximity to the
buffered location to the closest point of the property line of the
buffered location. If the buffered location 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 buffered location that is 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 buffered location shall be measured from the property
line of the buffered location to the facility's entrance or exit closest
in proximity to the buffered location. If the buffered location 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 buffered
location that is closest in proximity to the facility.
(3)
Measurements shall be made along the shortest path between the
measurement points that can be lawfully travelled by foot along public
routes.
b. For marijuana transportation facilities, distance shall be measured
as follows:
(1)
In the case of a freestanding facility, the distance between
the facility and the buffered location shall be measured from the
property line of the facility to the closest point of the property
line of the buffered location.
(2)
In the case of a facility that is a part of a larger structure,
such as an office building or strip mall, the distance between the
facility and the buffered location shall be measured from the property
line of the buffered location and the facility's entrance or exit
that is in closest proximity to the buffered location.
(3)
Measurements shall be made along the shortest path between the
measurement points that can be lawfully travelled by foot along public
routes.
AD. Special
Requirements/Use Standards For Short-Term Rentals.
[Ord. No. 3016, 8-21-2023]
1. Applications.
a. Permit Application. A permit must be obtained from the Higginsville
City Clerk by any individual or entity wishing to use a building or
premises for short-term rentals, in advance of any short-term rental.
Applications for short-term rental uses shall be filed upon forms
provided by the City, and will include the legal description of the
lot, tract, or parcel of land, together with a general description
of any building or structure thereon, including the approximate size,
square footage, number of bedrooms, and number of parking spaces;
location of the building and parking upon the lot, tract, or parcel.
The permit application will require emergency contact numbers for
the owner, or his or her designee.
b. Applications for short-term rental permits shall be submitted to
the City Clerk, who shall forward the application to the City Building
Official.
c. Each application shall be accompanied by a fee of fifty dollars ($50.00),
plus the actual cost of any publication for legal notices, and the
actual cost of certified mailings to surrounding property owners.
Said fee shall be deposited with the City Clerk after said application
is filed, and prior to permit issuance, the rental building is to
be inspected and approved by the City Building Official, based on
the standards of the most recent version of the International Property
Maintenance Code, adopted by the City of Higginsville.
d. Applicants must provide proof of a minimum of three hundred thousand
dollars ($300,000.00) liability insurance (annual aggregate coverage)
to the City Clerk, when applying for a permit
2. Permits — Issuance.
a. Short-term rental permits shall be issued or refused by the City Building Official within forty-five (45) days after receipt of an application, or within such further period as may be agreed to by the applicant. No short-term rental permit shall be issued, unless all requirements set forth herein are met and the property is in compliance with all other applicable ordinances of the City. In the event of refusal to issue a short-term rental permit, upon an application, based upon non-compliance with the provisions of this Subsection, within fifteen (15) days of refusal or denial, the applicant shall have the right to appeal to the Planning and Zoning Commission, who shall consider the application de novo under the provisions of Chapter
410, Article
VIII, in accordance with the procedures for conditional use permits.
b. The City Building Official shall provide written notice that a short-term
rental application has been received to all owners of record of lands
located within at least one hundred eighty-five (185) feet of the
property, indicated in said application, by First Class Mail, postage
prepaid, at the address shown in the County records for receipt of
property tax bills. Notices shall include a statement that a complete
legal description is available for public inspection and shall indicate
where such information is available. When the notice has been deposited
in the mail, failure of a party to receive such notice shall not invalidate
any subsequent action taken by the City Building Official.
c. If a protest against such permit is filed with the City, duly signed by the owners of fifty percent (50%) or more, within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property indicated in said application, the application for a short-term rental permit shall be forwarded by the Building Official to the Planning and Zoning Commission for initial consideration under the provisions of Chapter
410, Article
VIII, in accordance with the procedures for conditional use permits. All protests to the issuance of the permit must be received by the City no later than fifteen (15) days after the date of postmark on the written notice mailed to owners of record of lands located within at least one hundred eighty-five (185) feet from the subject property.
d. Annual Inspection. Short-term rental units are subject to an annual
inspection by the Building Official, prior to business license renewal.
e. Transferability. Short-term rental permits are not transferable to
new property owners.
f. Non-Compliance. After a public hearing, the Board of Aldermen may
revoke a short-term rental permit for failure to comply with the regulations
and the requirements of this Chapter, or violations of City ordinances.
3. Use Regulations.
a. Short-term rentals may only be made for the primary residential structure.
If the property contains an accessory building or unit, the accessory
building or unit may not be used for a short-term rental.
b. Reservations. Only one (1) rental reservation at a time shall be
permissible for each short-term rental.
c. Dwelling Unit Usage. Dwellings licensed for short-term rental usage
shall not be used for special events, such as weddings, corporate
events, commercial functions, large parties [greater than eight (8)
persons], and other similar events or activities otherwise prohibited
by this Code.
d. Maximum Occupancy. The maximum number of occupants permitted in a
dwelling unit offered and operated as a short-term rental shall be
subject to the "occupancy limitations" of the most recently adopted
Edition of the International Property Maintenance Code. In no instance,
shall a dwelling unit be occupied by more than a total of eight (8)
occupants.
e. A single short-term rental renter cannot occupy a specific property
for which a short-term rental permit has been issued for more than
a total of twenty-nine (29) days per year.
f. A property for which a short-term rental permit has been issued must
provide adequate off-street parking for the renters/lessees, a minimum
of one (1) space per bedroom.
g. Both the short-term rental owner(s) and renter(s) will maintain strict
adherence to all City of Higginsville Code regulations throughout
the term of a rental period, including but not limited to the following:
(1)
Building and Property Maintenance Codes.
h. Display Of Materials. All short-term rental uses shall be required
to conspicuously post the following information within the rental:
(1)
Name and contact information for the individual responsible
for the day-to-day operations of the rental.
(2)
A copy of the approved business license and short-term rental
permit.
(3)
Trash collection schedule.
(4)
City of Higginsville noise and nuisance ordinances.
(5)
Statement that no short-term rental shall be rented or used
for the sole purpose of receptions, parties, weddings, or other similar
events.
i. Exterior. There shall be no alteration to the exterior of a structure
or site that changes the residential character of said structure or
site.