[R.O. 1988 § 42-450; Ord. No. 4762, 10-2-2023]
The following Section provides for regulations and requirements for special and particular types of land uses.
[R.O. 1988 § 42-451; Ord. No. 4762, 10-2-2023]
1.
An accessory structure is a building or structure that is located on the same lot as the main or primary building or structure and is subordinate to and detached from the main building. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district.
2.
Any structure or use that meets the definition of an accessory structure or use may be allowed in any district. Accessory structures, include, but are not limited to, the following list of examples:
3.
An accessory building or structure in a residential district is subject to the setbacks of the zoning district in which the property is located, except:
a.
Not less than forty (40) feet back of the front building line for the main building, for pools and portable buildings;
b.
The minimum rear setback may be reduced to five (5) feet;
c.
Not less than five (5) feet from the side lot line;
d.
Not less than ten (10) feet from any lot line for two (2) or more-story accessory building or structure.
4.
Accessory buildings or structures shall comply with the height restrictions of the zoning district, except as provided elsewhere in this Code.
5.
The location of accessory buildings or structures in a non-residential district shall be located consistent with the height, setback, and bulk standards of the zoning district in which the property is located.
6.
Accessory structures such as light poles, flag poles, and statuary are not subject to setback requirements; however, such structure may be prohibited in an easement, depending on the size and ease of removal.
7.
The Board of Adjustment may grant a special exception to allow an accessory building within a side or rear setback if written approval is provided from the adjacent property owner.
8.
Temporary Accessory Storage. Portable on-demand storage (PODS) units or other temporary accessory storage units are allowed for the purposes of storage of household items, construction tools or materials for a period not to exceed sixty (60) days unless used in conjunction with a renovation or new construction project and then must be removed within sixty (60) days of the approved final inspection or the building permit expiration. Temporary accessory storage must be placed on a drive, parking area, or any other hard surfaced area on the property except when the construction or renovation project will not allow for the use of these areas. Temporary accessory storage shall not be placed on a street or other public area without the approval of the Director of Public Works. Temporary accessory storage shall be defined as cargo or storage containers, cargo crates, box trailers, box or utility vans or trucks, van bodies or boxes removed from trailers or other similar vehicles. Temporary accessory storage shall not be required to meet the setback requirements of other permitted accessory buildings or structures due to the temporary nature of their use on site.
9.
A storage unit, shipping container, or other similar product may be permitted for use as an accessory structure. Such structure must be approved with a building permit. If located in a residential district, such structure must be sided with a siding similar in appearance to the principal structure.
10.
Accessory structure less than two hundred (200) square feet in area may not require a building permit, but are subject to the setback requirements of this Section. Such structures which are not attached to a foundation and have an empty weight of less than two hundred (200) pounds may be located within utility easements.
11.
Accessory structures are required to be on the same lot as the related principal structure. Specifically, an accessory structure is not permitted on a lot with no principal structure. In the event that a platted lot is proposed to be subdivided such that an accessory building(s) is located on a different lot than the principal structure or the principal structure is demolished or destroyed through any means, the property owner will have one (1) year from the date of approval/demolition/destruction to construct a principal structure on the lot with the accessory building(s) or demolish the accessory structure, unless additional time is granted by the Building Official.
[R.O. 1988 § 42-452; Ord. No. 4762, 10-2-2023]
1. CHILD CARE CENTER CHILD DAY CARE CHILD DAY-CARE HOME FAMILY CHILD-CARE HOME
The following definitions apply to this Section:
A child day care facility serving more than ten (10) unrelated children.
The care of a child away from their own home on either a commercial or non-commercial basis for any part of a twenty-four (24) hour period.
An child day care facility serving no more than five (5) unrelated children, with no more than three (3) children under the age of two (2). For the purposes of this Section, children who live in the caregiver's home and who are eligible for enrollment in public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for.
A child care facility serving no more than ten (10) unrelated children. For the purposes of this Section, children who live in the caregiver's home and who are eligible for enrollment in public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for.
2.
Permit. A permit application for a family child-care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child-care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:
a.
The residence for which a permit is sought shall be the permanent residence of the child day care provider (operator);
b.
No alteration of the principal residential building shall be made that changes the character or appearance of the building to appear to be a commercial use;
c.
Not more than one (1) person, other than someone related by blood, marriage, adoption or custodial relationship to the operator and who also resides in the dwelling unit, shall be employed in the family child-care home;
d.
Outdoor play areas shall only be located in the rear yard of a family child-care home; and
e.
One (1) exterior, flush-mounted attached sign is permitted not to exceed one (1) square foot in area.
[R.O. 1988 § 42-453; Ord. No. 4762, 10-2-2023]
Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians are permitted in residential zoning districts according to State Statutes and the following limitations:
1.
The structure is not permitted to be altered to appear to be a commercial building.
2.
Not more than one (1) residential group home is permitted to locate with three hundred (300) feet of another residential group home unless such home is not located on the same street.
3.
No sign identifying the residential group home is permitted to exceed one (1) square feet in area.
4.
Signs may not be illuminated and must be attached to the residential group home.
5.
No more than two (2) residents are permitted per bedroom.
[R.O. 1988 § 42-454; Ord. No. 4762, 10-2-2023]
1. MARIJUANA CULTIVATION FACILITY MARIJUANA DISPENSARY FACILITY MARIJUANA TESTING FACILITY MARIJUANA USE MARIJUANA-INFUSED PRODUCTS FACILITY MEDICAL MARIJUANA MEDICAL MARIJUANA PATIENT MEDICAL MARIJUANA USE THEN-EXISTING (MARIJUANA USE)
Definitions. The following definitions apply to the medical marijuana uses Section:
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a dispensary facility, marijuana testing facility, or to a marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri where marijuana and/or marijuana-infused products are dispensed for medical or adult use. Dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party as set forth in Article XIV of the Missouri State Constitution.
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
Any facility or premises which is used for a marijuana dispensary, infused products facility, or cultivation facility.
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana test facility, or to another marijuana-infused projects facility.
Marijuana that is available only to a qualified patient under the Missouri State Constitution to receive medical marijuana.
A person qualifying under the Missouri State Constitution to receive medical marijuana.
Any facility or premises which is used for a dispensary, infused products facility, or cultivation facility which only provides services or produces products intended only for medical marijuana patients or the primary caregiver of a medical marijuana patient.
Any school, child day care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the prospective State applicant for a marijuana use first notifies the City of Rolla of the applicant's contingent legal right to operate at the proposed location by putting the subject property under contract.
2.
Permitted Locations. Marijuana uses may be located in:
a.
Marijuana dispensary uses are permitted in the C-2, General Commercial district and the C-C, Center-City district.
b.
Marijuana testing facility uses are permitted in the M, Manufacturing district; and may be permitted as a conditional use in the C-2, General Commercial district and the C-C, Center-City district.
c.
Marijuana infused products facility uses are permitted in the M, Manufacturing district; and may be permitted as a conditional use in the C-C, Center-City district.
d.
Marijuana cultivation facility uses are permitted in the M, Manufacturing district.
3.
General. The following generally applies to marijuana uses:
a.
In determining compliance with the measured separation, the distance shall be determined by the nearest building corner of the medical marijuana use applicant to the nearest building corner of any school, church or regular place of worship as measured in a straight line.
b.
In determining compliance with the measured separation, the distance shall be determined by the nearest building corner of the marijuana use applicant to the nearest building corner of any school, church or regular place of worship as measured by the shortest path between the demarcation points that can be lawfully traveled by foot; or pursuant to guidance provided by the Missouri Department of Health and Senior Services.
c.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana use facility during regular business hours.
d.
Display Of Licenses Required. The marijuana use license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.
4.
Marijuana Dispensaries. No building shall be constructed, altered or used for a marijuana dispensary without complying with the following regulations in this Section:
a.
No marijuana dispensary shall be located within one thousand (1,000) feet of a "then-existing" elementary or secondary school, child day care center, or church.
b.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary shall take place between the hours of 8:00 A.M. and 8:00 P.M., Monday through Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary may be present in such a facility at any time it is closed to the public.
c.
Site Plan Review. Any plans for a marijuana dispensary shall meet the standard new construction requirements.
d.
Spacing. No marijuana dispensary shall be operated or maintained within five hundred (500) feet of another marijuana dispensary except when marijuana sales represent less than five percent (5%) of the dollar volume of sales.
5.
Marijuana-Infused Products Facility. No building shall be constructed, altered or used for a marijuana-infused products facility without complying with the following regulations:
a.
Distance Requirement. No marijuana-infused products facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, licensed child day care center, or church.
b.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
Hours Of Operation. All marijuana-infused products facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
d.
Site Plan Review Required. Any plans for a marijuana-infused products facility shall meet standard new construction requirements.
6.
Marijuana Cultivation Facility. No building shall be constructed, altered or used for a marijuana cultivation facility without complying with the following regulations:
a.
Distance Requirement. No marijuana cultivation facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child day care center or church.
b.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
Hours Of Operation. All marijuana cultivation facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
d.
Site Plan Review Required. Any plans for an indoor "marijuana cultivation facility" shall meet the standard new construction requirements of the "Manufacturing District" outlined in this Chapter. Any outdoor "marijuana cultivation facility" shall meet the standard requirements for any other crop, except as otherwise set forth herein.
e.
Location. No outdoor "marijuana cultivation facility" shall be permitted within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child day care center or church, or within one thousand (1,000) feet from any residentially zoned property.
[R.O. 1988 § 42-455; Ord. No. 4762, 10-2-2023]
1.
Purpose. The purpose of these requirements is to provide opportunities for necessary and desirable non-commercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood.
2.
Standards. The following standards apply to non-commercial, not-for-profit neighborhood facilities:
a.
The proposed structure(s) shall not be located within any front or rear yards required by this Article or within ten (10) feet of the property line adjacent to the side yards of the lot on which the structures are located. Swimming pool pump and filter operations shall not be located closer than twenty (20) feet to a side or rear property line.
b.
Any outdoor swimming pool will be enclosed by a fence or wall with a minimum height of six (6) feet with gates that shall be self-closing and latching.
[R.O. 1988 § 42-456; Ord. No. 4762, 10-2-2023]
Accessory structures shall be allowed under the following conditions:
1.
One (1) accessory dwelling unit may be permitted on any residential or commercial lot, except for multi-family uses.
2.
An accessory dwelling unit is limited to a maximum of eight hundred (800) square feet in habitable area, except when located in an existing building. In such case, the accessory dwelling unit may utilize the entire basement, floor, or attic area.
3.
An accessory dwelling unit may be attached to an existing structure, constructed within the existing structure, or may be constructed as a separate structure.
4.
Additional off-street parking may be required to meet the minimum parking requirements.
5.
No accessory dwelling unit on a residential lot will be permitted to have separate utilities, utility metering, or addressing from the principal use.
6.
Accessory dwelling units are intended to be used as a guest house, security quarters, servants quarters, or for living quarters for the owner or employee of the attached business.
7.
The accessory dwelling unit may be used as a rental unit. In no case may both the accessory dwelling unit on a residential lot and principal dwelling both be rented separately. The property owner is required to live on the property for accessory dwelling units on residential lots.
[R.O. 1988 § 42-458; Ord. No. 4762, 10-2-2023]
Businesses which provide overnight accommodation for one (1) or more recreational vehicles or trailers must adhere to the following requirements:
1.
One (1) or more storm shelters meeting the requirements of ICC-500, or an alternative approved by the Community Development Director, must be provided on the site for all residents and employees.
2.
Recreational vehicles and trailers are not permitted to remain in one (1) rental space for more than six (6) months.
3.
No rental spaces may be established within a regulated floodplain.
4.
RV parks must be designed to meet the requirements of NFPA 1194.