Bates City City Zoning Code
ARTICLE V
Supplemental Regulations
Section 400.370 Conditional Use Permits.
[Ord. No. 5053, 4-30-2015]
A.
Purpose And Intent. Conditional uses are those uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.
B.
Status Of Conditional Permitted Uses.
1.
The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.
2.
Approval of conditional use permit shall be deemed to authorize only the particular use for which the permit is issued.
3.
No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in these regulations.
4.
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of the ordinances of the City of Bates City, or any permits required by regional, State or Federal agencies.
C.
Application For Conditional Use Permit.
1.
An application for a conditional use permit may be submitted by the property owner or by the property owner's authorized representative.
D.
Public Hearing.
1.
The Planning and Zoning Commission shall hold a public hearing on the application and make a recommendation to the Board of Aldermen.
2.
The Board of Aldermen shall hold a public hearing on the application. At the completion of the hearing, the Board of Aldermen may grant permission for the conditional use permit if the proposed use meets the following conditions:
a.
The proposed use at the specified location is consistent with the Comprehensive Plan and any other plans;
b.
The proposed use is consistent with the general purpose and intent of this Chapter;
c.
The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity;
d.
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both, to ameliorate such impacts;
e.
The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.
E.
If the proposed use requires a division of land, an application for a subdivision or other land division shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
F.
Decision On Conditional Use Permit And Appeal. The Board of Aldermen shall render its decision on the conditional use permit application, and may impose conditions as are reasonably necessary to ensure compliance with applicable general or specific standards stated in these regulations after review of the application and other pertinent documents and any evidence made part of the public record. Any conditions imposed by recommendation of the Planning and Zoning Commission may be modified subsequently by the Board of Aldermen. The permit shall set out regulations, restrictions, limitations and termination date so that reasonable control may be exercised over the use. If the appropriateness of the use cannot be ensured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district.
G.
Vesting Of Rights And Transferability Of Permits.
1.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
2.
A right to continue a conditional use shall vest only if the project is constructed and the use is actually begun. Such right shall be subject to expiration and revocation under the terms of this Chapter.
3.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested. The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.
4.
A permit cannot be assigned or transferred to a different parcel of land.
5.
A permit holder may apply to the Planning and Zoning Commission for a determination of whether a right to continue the use has vested under the terms of this Chapter.
6.
Every person or entity attempting to convey a conditional use permit shall give notice, in writing, to the Planning and Zoning Commission within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
H.
Lapse Of Permits. A conditional use permit in which no vested right has been established, shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the Board of Aldermen may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
I.
Expiration Of Permits. A conditional use permit shall be valid for a limited period of time to be specified in the terms of the permit. A permit may be renewed upon application to the Board of Aldermen, subject to the same procedures, standards, and conditions as an original application.
J.
Revocation Of Conditional Use Permits.
1.
Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
a.
Non-compliance with any special conditions imposed at the time of approval of the conditional use permit.
b.
Violation of any provisions of the ordinances of the City pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.
c.
Violation of any other applicable provisions of the ordinances of the City or any state or federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of such persons to engage in the permitted use.
d.
Attempted transfer of a permit in violation of this Chapter.
e.
Revocation is necessary to preserve the public health, safety, and welfare.
2.
Procedure For Revocation.
a.
Revocation proceedings may be initiated by the Zoning Administrator or Board of Aldermen.
b.
Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
c.
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City and by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
d.
The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
e.
No conditional use permit shall be revoked unless a majority of those elected to the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
K.
Conditional Uses.
1.
Amusement park, race tracks, fairgrounds, baseball/athletic fields.
2.
Aviation fields, airports, and heliports, including the sale of aviation fuel as an accessory use, under such restrictions as the Board of Aldermen may impose on land, buildings or structures, within an approach or transition plan or turning zone, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards. The following conditions must be met:
a.
Plans of any airport or heliport shall include all approach and departure paths as necessary to ensure safe and adequate landing and take-off area and shall be supplemented by a favorable report by the local airport district office of the Federal Aviation Administration (FAA).
b.
Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take-off areas by the general public.
c.
Landing and take-off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
d.
The proposed use will not be contrary to the public interest or injurious to nearby properties.
3.
Cemeteries, burial grounds, graveyards, mausoleums, or crematories, provided that all applicable state regulations are met.
4.
Clubhouses, country club and golf course, subject to meeting all the conditions and restrictions set forth below:
a.
The property shall be at least four (4) acres in size.
b.
The front, side and rear yard for all buildings and structures, including outdoor recreation areas and parking lots, but excluding fences and walls, shall be at least thirty (30) feet.
c.
Off-street parking shall be provided on the basis of one (1) space for every two (2) members.
d.
Parking areas shall be hard-surfaced, and outdoor recreation facilities and parking areas shall be appropriately screened by landscaping or a wall where adjacent to adjoining residential property. Outdoor lighting shall be so designed as to reflect away from adjoining residential property.
5.
Convalescent, nursing and adult day-care center.
6.
Day-care center, if center is planned in a family home occupied by the day-care provider. A day-care facility in a family home which receives more than four (4) persons for care for any part of the twenty-four-hour day is considered a center. The following requirements shall apply:
a.
The permit shall be issued to a particular provider. A change in the day-care provider shall require a new application for a permit.
b.
All applicable state licensing requirements must be met. Proof of a current state license shall be required.
c.
The primary use of the home shall be residential.
7.
Golf driving range or miniature golf courses.
8.
Group Homes.
a.
Group home facility as a residential facility for the care of individuals who, upon completion of a course of treatment in a facility which provides an extensive treatment program for individuals with disabling emotional disturbances, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living, or for a group of developmentally disabled individuals only. Group home facilities do not include any home in which eight (8) or fewer unrelated mentally retarded or physically handicapped persons reside. A group home facility shall be subject to the following conditions and restrictions:
(1)
That the maximum number of persons in a facility shall not exceed ten (10) individuals and two (2) resident staff members.
(2)
That the facility shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.
(3)
That the parking shall be paved as provided herein and screened from adjoining properties.
(4)
That the facility shall be a secondary facility operated and maintained by a facility which provides intensive treatment for individuals with disabling emotional disturbances or a contract facility wherein the individuals remain under the jurisdiction of the County or the State or a facility operated for developmentally disabled.
(5)
That the property shall have a minimum lot area of ten thousand (10,000) square feet.
(6)
That there shall be a minimum building size of two hundred fifty (250) square feet per resident and resident staff.
(7)
That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use.
(8)
That the facility shall not be used as a residence for substance abusers or ex-offenders.
(9)
That at the time of original approval no facility shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day-care home; provided, however, that the Board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable man-made or natural barrier.
(10)
That the residential character of the structure shall be maintained.
(11)
That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed facility and such facility will maintain the residential character of the neighborhood.
(12)
That the permit shall be limited to a two-year period but may be renewed by the Board after a public hearing; provided that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet, and the facility has been maintained in accordance with the acceptable community standards.
9.
Nurseries, garden centers, and greenhouses (retail and/or wholesale) or other retail or wholesale suppliers of fertilizer or manure products.
10.
Swimming pools, commercial.
11.
Signs, greater than seventy-two (72) square feet.
12.
Billboards (off-premises signs), subject to the following conditions.
a.
Billboards targeting messages at drivers on the interstate and primary highways within the City have a significant adverse impact on the safety of the traveling public when such structures, because of their size, lighting, spacing, location, height or design distract or confuse travelers, interfere with vision, or obscure traffic signs or signals. Billboards targeting messages at drivers on the interstate and primary highways within the City also have a significant adverse aesthetic impact on the community when such structures dominate the surrounding environment both visually and physically with their large sizes, bright lighting, close spacing, intrusive locations, and great heights. The adverse aesthetic impact of billboards can be especially harmful at entryways to the City, which are a visitor's first impression of the community. Billboards are off-premises signs.
b.
Therefore, the erection and placement of billboards along the interstate and primary highways within the City are subject to reasonable regulations relative to size, lighting, spacing, location and height to avoid adverse safety and aesthetic impacts. Avoiding such adverse impacts is intended to further the substantial public interest in protecting private investment in adjoining properties and public investment in the interstates and highways, promote the recreational value of public travel, preserve the natural beauty of the community, provide a favorable first impression of the community and promote the safety of public travel. The City hereby relies, at least in part, upon Section 71.288, RSMo. for the regulations herein.
c.
A conditional use permit is required for a billboard.
d.
Placement Of Billboards.
(1)
Billboards shall be located on private property.
(2)
A billboard shall not be located closer than one thousand five hundred (1,500) feet from any other billboard. Spacing shall be determined based on signs that have received a conditional use permit or that are established as legal non-conforming uses. Signs having receive prior authorization or that are a legal non-conforming use shall have priority over a later applicant in determining compliance with the spacing restrictions. Where two (2) different applications conflict with each other, so that only one (1) of the applications may be granted, the first application received by the Zoning Administrator will be the first considered for approval. The second application shall remain pending until resolution of the first application, and if the first application is approved, the second application shall be denied.
(3)
No billboard shall be permitted to be mounted, attached or affixed to a building rooftop or the walls of any building.
e.
Lighting Of Billboards.
(1)
Billboards shall not include any revolving or rotating beam or beacon of light that simulates any emergency light or device.
(2)
Billboards shall not include any flashing, intermittent, or moving light or lights, except electronic message boards designating public service information such as time, date, temperature or similar information.
(3)
Billboards may be lighted by external lighting, such as floodlights, thin line and gooseneck reflectors, provided the light source is directed upon the face of the billboard and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of the main traveled way of the interstate or highway or into any portion of adjacent properties and the lights are not of an intensity so as to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.
(4)
Billboards shall not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic sign, device or signal.
f.
Size Of Billboards. Billboards shall not exceed a maximum area of any one (1) sign of three hundred fifty (350) square feet with a maximum height of twenty (20) feet and maximum length of forty (40) feet, inclusive of border and trim but excluding the base or apron, supports and other structural members. The maximum size limitations shall apply to each side of a sign structure, and signs may be placed back to back, double faced, or in a V-type construction with not more than two (2) displays to each facing, but the sign structure shall be considered as one (1) sign.
g.
Setbacks And Height Of Billboards.
(1)
To provide a safety zone to prevent injury or property damage from collapse caused by acts of nature or other causes, billboards shall meet the following minimum setback requirements from all points of the sign: at least forty-five (45) feet from its nearest edge to the rights-of-way of any interstate, primary or state highway; at least forty-five (45) feet from all property lines and all roofed structures; at least forty-five (45) feet from any other structure that would require a building permit for its construction.
(2)
The application for the billboard sign permit shall contain documentation to the satisfaction of the Zoning Administrator that the applicant has secured the legally enforceable right to prevent the erection of structures within the setback zones. No building permit shall be issued for construction of any building within the setback zone.
h.
Service Drives To Billboards. Billboards shall be accessible by means of a paved drive that is internal to the lot or parcel on which the sign is located. All vehicles, equipment, and people used to build, service, maintain, and repair the signs must confine their activity so as not to interfere with pedestrian or vehicular traffic on public roads.
i.
Additional Information Required Prior To Approval Of A Permitted Billboard.
(1)
Billboards shall not be permitted by the City until a permit has been issued by the Missouri Highway and Transportations Commission, or a letter of intent to do so.
(2)
Billboards shall not be permitted before the applicant has submitted the following certifications from the appropriate professionals registered in Missouri: certification from a professional engineer registered in the State of Missouri that the soil and subsoil surface is capable of accepting the projected loads; certification from a professional engineer registered in the State of Missouri as to the electrical portion of the sign; certification from a professional engineer registered in the State of Missouri as to the structural strength of the sign; and a certified boundary survey from a surveyor registered in the State of Missouri of the site and its setback zones.
j.
Annual Inspection Of Billboards. Owners of all billboards created after the effective date of this Chapter shall be required to submit an annual inspection report from a Missouri licensed engineer concerning the sign's structural integrity. The certification shall be done on or before July 1 of each year. Failure to submit a report may result in the immediate revocation of the sign's permit.
13.
Recycling Facilities.
a.
Definitions:
RECYCLABLE MATERIAL
Recyclable material is "feedstock" used for direct conversion to manufactured products. It includes, but is not limited to: cans, bottles, plastic, and paper. Items composed of more than one (1) material, such as salvaged vehicular parts, are generally not considered a recyclable material.
RECYCLING COLLECTION FACILITY
A recycling collection facility is a facility for the deposit or dropoff of recyclable materials. A recycling collection facility is not a salvage yard. Such a facility does not do processing except limited baling, batching, and sorting of materials. It is designed to allow for a combination of bins, boxes, trailers, reverse vending machines, and other containers for the collection of recyclable materials.
RECYCLING FACILITIES
Facilities that accept recyclable materials.
RECYCLING PROCESSING FACILITY
A processing facility receives material from the public and/or other recycling facilities and uses power-driven machinery to prepare materials for efficient shipment by such means as flattening, sorting, compacting, baling, shredding, grinding and crushing.
REVERSE VENDING MACHINE
Reverse vending machines are mechanical devices that accept one (1) or more types of empty beverage containers and issue a cash refund or redeemable coupon.
b.
Applicability.
(1)
A conditional use permit for a recycling collection facility may be approved in a residential zoning district, provided the facility is located on the grounds of a church or school; and
(2)
A conditional use permit for a recycling collection facility may be approved in districts A, C and I.
(3)
This Section does not apply to the following facilities: temporary recycling drives; one (1) reverse vending machine; and recycling processing facilities. A processing facility is considered a salvage yard.
14.
Telecommunications Tower.
15.
Public utility structures and equipment, which includes but is not limited to electric substations, peaker plants and similar electric utility structures.
Section 400.380 Home Occupations.
[Ord. No. 5053, 4-30-2015]
A.
Purpose And Intent. The purpose of this Section is to permit home occupations which will not change the character of adjacent residential areas. The intent of these zoning regulations is to conserve property values, as well as protect residential neighborhoods from excessive noise, excessive traffic generation, nuisances, health and safety hazards which may result from a home occupation conducted in the residential zones.
B.
Performance Standards. A home occupation permit is not required, but all home occupations must comply with the following performance standards:
1.
The use of the dwelling unit as a home occupation shall be deemed to be clearly incidental and subordinate to its use for residential purposes if the home occupation occupies less than twenty-five percent (25%) of the square footage floor area of the residence.
2.
No more than one (1) person, other than those residing on the premises, shall be engaged in the activities of the home occupation.
3.
A home occupation may attract patrons, students, or any business-related individuals only between the hours of 6:00 A.M. and 9:00 P.M.
4.
No more than two (2) home occupations shall be permitted within any single dwelling unit.
5.
There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment, and materials, and no open lot storage.
6.
Home occupations shall not produce offensive noise, vibration, smoke electrical interference, dust, odors or heat. Any noise, vibration, smoke electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multifamily structure shall not be permitted.
7.
Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property.
8.
Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customary in a residential area.
9.
No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio or TV receivers in violation of FCC standards, or cause fluctuations in off-site line voltages.
10.
Except in the A zoning districts, no on-premises advertising for the home occupation shall be allowed. Window areas must not purposely or intentionally be used as display areas or to offer merchandise for sale. In the A Zoning District, a six-square-foot sign advertising the home occupation shall be permitted. No home occupation sign shall be located within a street right-of-way.
11.
In the A zoning districts, home occupations may be operated from accessory buildings. Except in the A zoning districts, all related activities shall take place entirely within the residential dwelling, except when the Zoning Administrator finds that such activity is similar to non-commercial activities normally associated with single family homes.
12.
Except in the A zoning district, no pedestrian or vehicular traffic shall be generated by the home occupation in greater volumes than would normally be expected in a residential area.
13.
No delivery truck shall operate out of a residential district as a function of a home occupation. A single delivery vehicle may be operated from a home occupation established in an agricultural district.
14.
Low-intensity (traffic generation, land use, noise, etc.) occupations, professions and business activities, and those uses or activities of a similar nature may be permitted as home occupations subject to the conditions of these regulations and other applicable federal, state or local laws.
C.
Prohibited Home Occupations. The following occupations, professions, and business activities and those of a similar nature are specifically prohibited as home occupations:
1.
Ambulance services;
2.
Animal/veterinary clinics;
3.
Clinics, hospitals;
4.
Medical/dental office;
5.
Mortuary;
6.
Restaurants;
7.
Taxi services.
Section 400.390 Site Plan Review.
[Ord. No. 5053, 4-30-2015]
A.
Applicability.
1.
Every request for rezoning of property to the following districts shall require a site plan review: R-2, R-3, C, and I.
2.
A site plan shall be required for all new construction or exterior additions or changes to any structure used for multifamily, commercial or industrial that is located within one thousand (1,000) feet of the rights-of-way of Interstate 70 Highway.
3.
This Section shall not apply to Planned Development (PD) district because that district already has a site plan review and approval process.
4.
No development approval or building permit shall be issued for a development subject to site plan review until such site plan has been approved by the Board of Aldermen upon recommendation by the Planning and Zoning Commission.
B.
Contents. All site plans shall be prepared at scale and in a minimum size of eleven (11) inches by seventeen (17) inches with a maximum size of twenty-two (22) inches by thirty-four (34) inches. The site plan shall show or have attached the following information:
1.
Name, address, phone number, fax number and e-mail address of record landowner, architect/engineer/surveyor and contractor;
2.
Size, use and location of existing and proposed structures, sidewalks, bicycle and pedestrian paths and drives on the subject property, and existing structures and drives adjacent to the property;
3.
Location of floodplain areas subject to flooding, center lines of drainage courses, and finished floor elevations of proposed structures;
4.
Location of proposed drives, parking areas, traffic access points, signalization, deceleration lanes and alternative access routes;
5.
Property lines, platted setback lines, and lot dimensions;
6.
Location, number and dimensions of existing and proposed parking spaces;
7.
Final grades;
8.
Location of existing trees greater than eight (8) inches in diameter and proposed landscaping;
9.
Drainage information as to on and off-site flows sufficient to demonstrate compliance with the improvement requirements of these Regulations and other laws and regulations;
10.
Buffers, landscaped areas and fences;
11.
All environmentally sensitive lands on-site or within five-hundred (500) feet of the site, including, but not limited to, wetlands, habitat areas, hillsides, steep slopes, lakes, treed or forested areas, Brownfield sites and streams and stream corridors;
12.
A traffic impact analysis ("TIA") may be required by either the Zoning Administrator, Planning and Zoning Commission or Board of Aldermen;
13.
Building elevations shall be provided showing all sides of the proposed building(s), including notation indicating material and color to be used on exteriors and roofs; and
14.
A landscape plan showing size, species, location and number of all proposed landscape material, including whether areas are to be seeded or sodded, and location, size and materials to be used for all screening and/or outside trash enclosure areas.
C.
Standards.
1.
Commercial and industrial frontage require a minimum ten (10) feet landscaped buffer.
2.
Rear areas that back onto uses other than commercial must also have a fifteen (15) feet landscape screen that provides seventy-five percent (75%) screening year round.
3.
Entryways to shopping areas or areas of combined commercial use shall collocate entry.
4.
All trash service areas must be enclosed on three (3) sides. These areas and ground level mechanicals require landscape.
5.
Commercial uses should design for cross access within the development.
6.
Stormwater management must be provided for in accordance with these regulations.
7.
Retaining walls, if required, should not exceed six (6) feet in height.
8.
Parking lot lighting standard shall be no higher than twenty (20) feet tall. All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass, and glare across, the property lines and or disability glare at any location on or off the property. The "maintained horizontal luminance recommendation" set by the illuminating Engineers Society of North America (IES) shall be observed.
9.
The following building materials shall be used for office and commercial/retail/industrial buildings for at least forty percent (40%) of the front wall, exclusive of windows and doors:
a.
Masonry. Brick, stone, concrete masonry units with split-face, fluted, scored or other rough texture finish.
b.
Concrete. Precast, cast in place, or tilt up panels provided a rough texture is present or to be added.
c.
Stucco. Including E.I.F.S. and Dryvit.
d.
Structural Clay Tile.
e.
Glass. Excluding mirror glass which reflects more than forty percent (40%) of incident visible light.
f.
Metal. Used only in an incidental role (e.g., trim), architectural features, standing seam metal roofing or other architectural metal siding or roofing as approved by the Board of Aldermen.
10.
All screening areas are to be landscaped with a seventy-five percent (75%) opacity [seventy-five percent (75%) of tree/shrub cover used for screening is evergreen] with a combination of trees, both deciduous and evergreen, and shrubs.
11.
Buffer areas shall consist of a combination of trees and shrubs, not less than four (4) trees per one hundred (100) feet of required buffer and at least one and one-half (1 1/2) inches in diameter. Additionally three (3) shrubs per every tree are required.
12.
Roof-mounted equipment, excluding satellite dishes, shall be screened from view [one hundred percent (100%) opacity] or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare, up to a maximum of three hundred (300) feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
13.
All electrical and mechanical equipment in excess of three (3) feet in height, located adjacent to the building and visible from any adjacent applicable public thoroughfare shall be screened from view [one hundred percent (100%) opacity], up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.
14.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior walls of any building.
D.
Review And Approval.
1.
Site plan approval shall be by ordinance adopted by the Board of Aldermen upon recommendation by the Planning and Zoning Commission.
2.
The requirements of this Section may be waived or modified by the Board of Aldermen for good cause.
3.
Upon violation of any applicable provision of this Section or, if granted subject to conditions, upon failure to comply with conditions, site plan approval shall be suspended by the Zoning Administrator upon notification to the owner of a use or property subject to the site plan, until a public hearing shall be held by the Board of Aldermen as to whether such suspension shall be affirmed, conditionally affirmed or revoked.
Section 400.400 Telecommunication Towers.
[Ord. No. 5053, 4-30-2015]
A.
Definitions. As used in this Section, the following terms shall have the meanings indicated:
ACT
The Communications Act of 1934, as it has been amended from time to time, including, but not restricted to the Telecommunications Act of 1996, and shall include future amendments to the communications Act of 1934.
AFFILIATE
When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the City, any agency, board, authority or political subdivision affiliated with the City or other person on which the City has a legal or financial interest.
ALTERNATIVE TOWER STRUCTURES
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas or other devices designed for transmitting or receiving television, AM/FM radio, digital signals, microwave, telephone cellular, or similar forms of electronic communication.
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure or antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, multi-legged tower, tripod, or another structure which supports a device used in the transmitting or receiving of electromagnetic signals of any sort or kind.
BAND
A clearly defined range of electromagnetic frequencies dedicated to a particular purpose.
BROADCAST
To transmit information over the airwaves to two (2) or more receiving devices simultaneously.
CELL SITE
A tract or parcel of land that contains the cellular communication antenna, its support structure, and ancillary facilities such as building(s), parking facilities, and may contain other associated facilities incumbent to cellular communications operations.
CELLULAR TELECOMMUNICATIONS
A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) in a specific geographic area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CELLULAR TELECOMMUNICATIONS FACILITY
A cellular telecommunications facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone equipment.
CHANNEL
A segment of a frequency band. Also referred to simply as a "frequency."
CITY
The City of Bates City, Missouri.
CO-LOCATION
Locating wireless communications equipment from more than one (1) provider on a single site.
COMMON CARRIER
A radio service licensed by the FCC in which a single licensee is authorized to supply local and/or long distance telecommunications service to the general public has established and stated prices.
COMMUNICATION FACILITY
A land use facility supporting antennas and microwave dishes that send and/or receive radio frequency signals. Communications facilities include structures or towers and accessory buildings.
COMMUNICATION TOWER
A guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication signals.
COMMUNICATIONS TRANSMISSION SYSTEM OR COMMUNICATION SYSTEM
A wired communications transmission system, open video system, or wireless communications transmission system regulated by this Chapter.
CROSS BAR
A structure at or near the top of the mobile radio service telecommunications facility which provides support and horizontal separation for antenna(s).
DIGITAL TECHNOLOGY
A method whereby voice and data messages are converts into digits that represent sound intensities at specific points of time and data content.
DIRECTIONAL ANTENNA
An antenna or array of antennas designed ton concentrate a radio signal in a particular direction.
DISH ANTENNA
A dish-like antenna used to concentrate and link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
EFFECTIVE RADIATED POWER (ERP)
The product of the antenna power input and the numerically equal antenna power gain.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FREESTANDING LOW POWER MOBILE RADIO SERVICE FACILITY
A low power mobile radio service telecommunications facility that consists of a stand-alone support structure, antenna(s) and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or other similar vertical support.
FREQUENCY
The number cycles completed each second by a microwave; measured in hertz (HZ).
GOVERNING AUTHORITY
The Board of Aldermen of the City of Bates City, Missouri.
GUYED TOWER
A communication tower that is support, in whole or part, by guy wires and ground anchors.
INTERFERENCE
Disturbances in reception caused by intruding signals or electrical current.
LAND MOBILE SYSTEMS
Two-way radio service for mobile and stationary units in which each user is assigned a particular frequency.
LATTICE TOWER
A guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.
LICENSE
The rights and obligations extended by the City to an operator to own, construct, maintain, and operate its system within the boundaries of the City for the sole purpose of providing services to persons within or outside of the City.
LOW-POWER COMMERCIAL MOBILE RADIO NETWORK
A system of low-power commercial telecommunications facilities which allow wireless conversation or data transmission to occur from site to site.
LOW-POWER COMMERCIAL MOBILE RADIO SERVICE
A service which must include the following attributes:
a.
Profit from the operation of the service realized.
b.
Interconnected to public switch network.
c.
Available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public and must propose to or has developed, multiple networked sites within the region.
LOW-POWER TELECOMMUNICATIONS FACILITIES
An unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power (ERP), including, but not limited to, the following:
a.
Point-to-point microwave signals.
b.
Signals through FM radio transmitters.
c.
Cellular, enhanced specialized mobile radio (ESMR) and personal communications network (PCN).
d.
Private low-power mobile radio service.
LOWER-POWER MOBILE RADIO TELECOMMUNICATIONS FACILITY
A facility which consists of equipment for the reception, switching, and transmission of low power mobile radio service communications.
MHZ
Megahertz or one million (1,000,000) HZ.
MICRO-CEL
A low power mobile radio service telecommunications facility used to provide increased capacity in high-demand areas or to improve coverage in areas of weak coverage.
MICROWAVE
Electromagnetic radiation frequencies high than one thousand (1,000) MHZ highly directional signal used to transmit radio frequencies from point to point at a relatively low-power level.
MICROWAVE ANTENNA
A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
MOBILE AND LAND-BASED TELECOMMUNICATION FACILITY
Whip antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related equipment for wireless transmission with low wattage transmitters not to exceed five hundred (500) watts from a sender to one (1) or more receivers such as for mobile cellular telephones and radio system facilities.
MONOPOLE TOWER (A.K.A. SELF-SUPPORT TOWER)
A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
MW/CM2
Micro watts per square centimeter; a measurement of the intensity of radio frequencies hitting a given area.
OMNIDIRECTIONAL ANTENNA (A.K.A. WHIP ANTENNA)
An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it is designed.
PANEL ANTENNA (A.K.A. SECTOR ANTENNA)
An antenna that transmits signals in specific directions, and are typically square or rectangle in shape.
PERSONAL COMMUNICATIONS SERVICE (PCS)
Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each customer to use the same telephone number wherever he or she goes. Also known as "personal communications network (PCN)."
PRIVATE LOW-POWER MOBILE RADIO SERVICE
All other forms of wireless telecommunications which have some similar physical facilities to a low-power commercial radio service but do not meet the definition of a commercial mobile radio service.
PUBLIC PROPERTY
Any real property, easement, right-of-way, air space, or other interest in real estate, including a street, owned or controlled by the City or any other governmental agency or unit.
REPEATER
A low power mobile radio service telecommunications facility that extends coverage of a cell to areas not covered by the originating cell.
ROOF AND/OR BUILDING MOUNT FACILITY
A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances or building face).
SELF-SUPPORT TOWER
A communication tower that is constructed within guy wires and ground anchors. (Examples could include lattice and monopole tower types.)
SPECIALIZED MOBILE RADIO (SMR)
A mobile radio which is utilized in conjunction with an enhanced special mobile radio network, which includes dispatch and interconnect services.
TELECOMMUNICATIONS
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in form or content of the information as sent and received.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including, but not limited to, self-supporting lattice towers, guyed towers, monopole tower. The term "tower" included radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative towers structures and the like.
VHF
Very high frequency with bands from 30-300 MHZ; includes FM radio, VHF television (channels 2 to 13) and some land mobile and common carriers.
WAVELENGTH
The distance between points of corresponding phases of a periodic wave of two (2) constant cycles. Wavelength = wave velocity/frequency.
B.
General Provisions. The antenna and facilities shall meet all Federal communications commission requirements for radio frequency emissions. A structural certification from an engineer registered to practice in the State of Missouri shall be submitted. The certification shall establish that the electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the FCC.
1.
Federal requirements.
a.
All towers shall meet or exceed current standards and regulations of the FCC, the FAA and any other agency of the Federal or State government with the authority to regulate towers and antennas. If any applicable regulation or standard is revised, then the owner of the tower shall bring such tower into compliance within six (6) months of the effective date of such revised standard or regulations. Failure to bring towers and antennas into compliance within the time period allowed shall also constitute cause for removal of the tower or antenna at the owner's expense.
b.
All towers and antennas constructed within the City of Bates City, Missouri, shall comply with all applicable building codes and the applicable standards for towers as published by the Electronic Industries Association as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with codes and/or standards, the owner shall have thirty (30) days in which to bring such tower into compliance. If the owner fails or refuses to bring such tower into compliance, the City may cause the removal of such tower at the sole expense of the owner.
2.
Removal Of Abandoned Towers. Any antenna or tower which is not operated for its original intended purpose for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove same within ninety (90) days of receipt of notice from the City notifying owner as such abandonment. If the tower is a joint use facility, that is it is being used by two (2) or more users, then all users must have not used the tower for the twelve-month period. If the tower is not removed within the ninety-day period, the City may cause the tower to be removed at the sole expense of the owner.
3.
Amateur Radio And Receive-Only Antenna. This Chapter is not intended to govern any federally licensed amateur radio and receive-only privately owned satellite dishes and does not apply to any privately owned antenna or tower less than seventy (70) feet in height.
4.
As-Built Plans. Within thirty (30) days of the initial completion of construction or of any structural modification to the existing structure, the owner shall submit two (2) sets of as built engineering ad architectural plans to the City. Such plans shall show the location of the tower by latitude and longitude, and state plane coordinates and shall accurately depict all of the telecommunications facilities associated with the tower on site pursuant to the franchise, license and permits associated therewith.
5.
Inspection. At least every twenty-four (24) months, the tower shall be inspected by an expert who is qualified in the maintenance, inspection and/or erection of communication towers. This inspection shall be conducted in accordance with the tower inspection checked list provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Support Structures." One (1) copy of the inspection report shall be forwarded to the City no less than thirty (30) days after completion of said inspection.
6.
Underground Placement Cables, Wires, And Facilities. In all areas of the City where the cables, wires and other like facilities of public utilities exist or are required to be placed underground, an operator shall also place its cables, wires, and other facilities underground.
7.
Disturbances To Property. In the case of disturbance to any street or thoroughfare or other public property, caused by an operator during the course of construction or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or any surface of any street or other public property disturbed to condition as good as or better than the condition as before the disturbance in accordance with applicable federal, state or local laws, rules, regulations, codes or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the City as being weakened or damaged as a result of a cut or other invasion of the pavement or other property.
C.
Conditional Use Permit. No tower shall be erected unless and until a conditional use permit therefor has been obtained from the City.
D.
Zoning District In Which Permitted. Telecommunications towers and associated facilities may only be permitted by conditional use permit as provided herein, and on any land owned by a political subdivision regardless of the underlying zoning.
E.
Setback Requirements. Minimum setback requirements for telecommunications tower shall be no less than two hundred (200) feet or equal to the height of the tower (including antenna) if the tower is less than two hundred (200) feet tall.
F.
Separation. No telecommunications tower over ninety (90) feet in height shall be located closer than one quarter (1/4) mile from any existing tower.
G.
Aesthetics. All towers and accessory facilities shall be sited to have the least particle adverse visual effect on the environment, Towers shall not be lighted except to ensure safety as required by the FAA. Towers should be painted gray or light blue unless other standards are required by the FAA. In all cases, monopole towers shall be preferable to guyed towers or free standing structures. Where mounted on or attached to existing buildings, antennas shall be painted to blend with the decor of the host structure as nearly as possible.
1.
Accessory equipment storage mobile or immobile equipment not used in direct support of the tower facility shall not be stored on the sited of the tower, unless repairs to the tower are being made.
2.
Lighting upper portions of towers shall be lighted if required by the FAA or FCC. If security lighting is required, care shall be taken to minimize light directed toward adjacent properties and rights-of-way.
H.
Application And Permit Requirements.
1.
Each application shall include a minimum of the following:
a.
Written authorization from the property owner of the proposed site.
b.
A site plan:
(1)
Drawn to scale.
(2)
Showing the property boundaries.
(3)
Showing any tower guy wire anchors and other apparatus.
(4)
Existing and proposed structures.
(5)
Scaled elevation view.
(6)
Access road(s) location and surface material.
(7)
Parking area.
(8)
Fences.
(9)
Location and content of signs (including warning if required).
(10)
Exterior lighting specifications.
(11)
Landscaping contours [minimum of five (5) intervals].
(12)
Existing land uses surrounding the site.
(13)
Proposed buildings associated with the facility including:
(a)
Plan and elevation.
(b)
Proposed use.
c.
A written report including:
(1)
Information describing the tower height and design.
(2)
A cross section of the structure.
(3)
Engineering specifications detailing construction of tower, base and guy wire anchorage.
(4)
Information describing the proposed painting and lighting schemes.
(5)
Information describing the tower's capacity, including the number and type of antennas that it is capable of accommodating.
(6)
Radio frequency emission data.
(7)
All tower structural information certified by a registered engineer.
d.
Written statement regarding the appropriateness of the chosen site.
Section 400.410 Adult Businesses.
[Ord. No. 5053, 4-30-2015]
A.
Purpose. It is the purpose of this Article to regulate sexually oriented businesses in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Article to condone or legitimize the distribution of obscene material.
B.
Findings Of Fact. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Aldermen, the Board of Aldermen finds:
1.
Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property offenses, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter and sexual assault and exploitation.
2.
Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses and should be separated from other sexually oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one (1) area.
3.
Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this Section, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Section are reasonably believed to be relevant to said secondary effects.
4.
That certain conduct occurring on the premises of adult businesses is detrimental to the public health, safety and general welfare of the citizens of the City and, therefore, such conduct must be regulated.
5.
That adult businesses are associated with and promote prostitution, illegal drug use and other criminal activity which constitute an immediate threat to the public peace, health, morals and safety.
6.
That regulation of adult businesses is necessary because in the absence of such regulation, significant criminal activity, including prostitution, illegal drug use and disruptive behavior and high-risk sexual conduct that may result in health hazards, has historically and regularly occurred.
7.
That adult businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and downgrading of property values; these deleterious effects create a legitimate concern of the City to protect property values, business interests and generally protect the City from urban blight associated with adult businesses.
8.
That it is recognized that adult businesses have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight.
9.
The Board of Aldermen desires to minimize and control the adverse secondary effects associated with adult businesses and thereby protect the health, safety and welfare of the citizenry, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and to deter the spread of urban blight.
10.
It is not the intent of this Chapter or any previously enacted ordinance to suppress or limit any speech activities protected by the First Amendment to the United States Constitution, but to enact a content neutral, reasonable time, place and manner regulation that effectively addresses the harmful secondary effects associated with adult businesses.
C.
Regulations.
1.
Applicability. This Section shall apply to any bookstore, media store or video store, in which "adult media" constitutes more than ten percent (10%) but not more than forty percent (40%) of the store's inventory at any time, or where "adult media" constitutes more than ten percent (10%) but not more than forty percent (40%) of the merchandise displayed for sale or rental at any time, or where "adult media" occupies more than ten percent (10%) but not more than forty percent (40%) of the sales floor area of the business (not including store rooms, stock areas, bathrooms, or any portion of the business not opened to the public) at any time.
2.
Prohibition Of Public Display. The owner or operator of a store to which this Subsection is applicable shall have the affirmative duty to prevent the public display of "adult media" at or within the portions of the business open to the general public.
3.
Display Of "Adult Media." "Adult media" in a store to which this Subsection is applicable shall be kept in a separate room or section of the store, which room or section shall:
a.
Not be open to any person under the age of eighteen (18);
b.
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
c.
Be located so that the entrance to it is a far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
d.
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
D.
Definitions. When used in this Section, the following words shall have the meanings set out herein.
ADULT BUSINESS
Any business:
a.
That has as a significant purpose the sale or rental of merchandise that is intended for use in connection with specified sexual activities, or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas. For purposes of this Subsection, it shall be presumed that a significant purpose exists if any one (1) or more of the following criteria are satisfied:
(1)
Twenty-five percent (25%) or more of the sales or gross receipts, measured in dollars over any consecutive ninety-day period, are derived from such items or use;
(2)
Twenty-five percent (25%) or more of the number of sales transactions, measured over any consecutive ninety-day period, are of such items or use;
(3)
Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time attributable to such items;
(4)
Twenty-five percent (25%) or more of all inventory consists of such items at any time; or
(5)
Ten percent (10%) or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to such use or items at any time; or
b.
That has as one (1) of its significant purposes:
(1)
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
(2)
The providing of services that are intended to provide sexual arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits, or allow participation in specified sexual activities ancillary to other pursuits.
c.
The definition of "adult business" also includes but is not limited to any and all of the following specific adult businesses, as defined herein:
(1)
Businesses that offer merchandise for sale or rent.
(a)
"Adult media outlet":
(i)
A business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of "adult media." For purposes of this Subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of "adult media" if any one (1) or more of the following criteria are satisfied:
A)
Twenty-five percent (25%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period is derived from "adult media";
B)
Twenty-five percent (25%) or more of the number of transactions, measured over any consecutive ninety-day period, relate to "adult media";
C)
Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time is attributable to "adult media";
D)
Twenty-five percent (25%) or more of all inventory consists of "adult media" at any time;
E)
Twenty-five percent (25%) or more of the merchandise displayed for sale or rental consists of "adult media" at any time; or
F)
Twenty-five percent (25%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to "adult media" at any time.
(ii)
The presumption that a "substantial or significant" portion of a business is devoted to the sale or rental of "adult media," based upon the above guidelines, shall be rebuttable.
(b)
"Adult newsrack" means any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(c)
"Adult retail establishment" means a business that displays or offers goods for sale or rent and that meets any of the following tests:
(i)
It displays or offers for sale or rent items from any two (2) of the following categories: "sexually-oriented toys or novelties"; lingerie; clothing that graphically depicts "specified anatomical areas"; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes.
A)
Ten percent (10%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period; or
B)
Ten percent (10%) or more of the number of sales transactions, measured over any consecutive ninety-day period; or
C)
Ten percent (10%) or more of the dollar value of all merchandise displayed at any time; or
D)
Ten percent (10%) or more of all inventory at any time; or
E)
Ten percent (10%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) at any time; or
F)
Five percent (5%) or more of the sales (including rentals), measured in dollars over any consecutive ninety-day period is derived from "sexually-oriented toys or novelties"; or
G)
Five percent (5%) or more of the number of sales transactions, measured over any consecutive ninety-day period, relate to "sexually oriented toys or novelties"; or
H)
Five percent (5%) or more of the dollar value of all merchandise displayed at any time is attributable to "sexually oriented toys or novelties"; or
I)
Five percent (5%) or more of all inventory consists of "sexually oriented toys or novelties" at any time; or
J)
Five percent (5%) or more of merchandise displayed for sale consists of "sexually oriented toys or novelties" at any time; or
K)
Five percent (5%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms, or any portion of the business not open to the public) is devoted to "sexually oriented toys or novelties" at any time.
(2)
Businesses that provide entertainment.
(a)
ADULT ENTERTAINMENT BUSINESS
Any business to which the public, patrons or members are invited or admitted, and where providing "adult entertainment," as defined herein, as a regular and substantial portion of its business.(b)
ADULT ENTERTAINMENT BUSINESS
Also includes, but is not limited to, any and all of the following specific adult entertainment businesses, as defined herein:(i)
ADULT MOTION PICTURE THEATER
An establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.(ii)
ADULT THEATER
An establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.(iii)
ADULT ENTERTAINMENT CABARET
An establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.(iv)
ADULT ENTERTAINMENT STUDIO (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio")
An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.(v)
ADULT ENCOUNTER PARLOR
An establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.(vi)
BODY PAINTING STUDIO
An establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.(3)
Businesses that provide services.
(a)
BATH HOUSE
An enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.(b)
ADULT MOTEL
An enterprise where a regular and substantial portion of its business is offering public accommodations, containing more than one hundred fifty (150) square feet of gross floor area, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical area" by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodicals) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment depicts, portrays, exhibits or displays specified anatomical areas or specified sexual activities.
ADULT MEDIA
Books, magazines, periodicals, other printed matter, pictures, slides, records, audiotapes, videotapes, compact discs, motion pictures, films, CD-ROMS or other devices used to record computer images, or other media which are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
ADULT VIDEO VIEWING BOOTHS
Any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books magazines or periodicals) for observation by patrons therein. "Adult video viewing booths" are sometimes referred to as "peep shows," "adult video arcades," "panorams" and "adult mini-motion-picture theaters." An "adult video viewing booth" shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than one hundred fifty (150) square feet of gross floor area.
SEXUALLY ORIENTED TOYS OR NOVELTIES
a.
Instruments, devices or paraphernalia which either depict "specified anatomical areas" or are designed or marketed for use in connection with "specified sexual activities." In determining whether an item is "designed or marketed for use" in connection with "specified sexual activities," the following guidelines may be considered:
(1)
Expert testimony as to the principal use of the item;
(2)
Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
(3)
National and local advertising concerning the use of the item;
(4)
Evidence of advertising concerning the nature of the business establishment;
(5)
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
(6)
The physical or structural characteristics of the item; or
(7)
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
b.
Any person may request an interpretive ruling from the Chief of Police, or his or her designee, as to whether a particular item is considered by the City to be "designed or marketed for use" in connection with "specified sexual activities." An application for an interpretative ruling shall be made in writing on a form provided by the Chief of Police, and shall be accompanied by such other information as may reasonably be requested under the circumstances pertaining to the specific item about which a ruling is requested. The Chief of Police shall issue a written interpretive ruling within ten (10) business days following submission of a completed application. The decision of the Chief of Police may be appealed to the Board of Aldermen within fifteen (15) days following the date of the interpretive ruling by submitting a written notice of appeal to the City Clerk.
SPECIFIED ANATOMICAL AREAS
Uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following acts of intended sexual arousal or excitement:
a.
Sexual conduct, including, but not limited to, actual or simulated acts of sexual intercourse, masturbation, oral copulation or sodomy;
b.
Fondling or other intentional touching of a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female;
c.
Sadomasochistic acts; or
d.
Acts involving animals or latent objects.
E.
Spacing Requirements. An adult business (as defined herein) shall be subject to the following spacing requirements:
1.
The proposed adult business shall not be located within i) seven hundred fifty (750) feet of any school, church, or licensed child-care center or child-care center that has been inspected by the City or Fire District, or ii) five hundred (500) feet of any public building or park, or property zoned for residential purposes, which uses are located within the City limits. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line from which the adult business would be operated to the nearest point on the property line of any school, church, licensed child-care center or child-care center that has been inspected by the City or Fire District, public park or property zoned for residential purposes located within the City; provided, further, that the spacing restriction set forth above in this Subsection may be waived by the Board of Aldermen after review and recommendation by the Planning Commission, if the applicant demonstrates by substantial and competent evidence and it is found that:
a.
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Chapter will be observed; and
b.
The proposed use will not enlarge or encourage the development of a "blighted area" as defined in Section 100.310 of the Revised Statutes of Missouri, as amended.
2.
The proposed adult business shall not be located within seven hundred fifty (750) feet of any other adult business for which there is a license issued by the City regardless of whether such businesses are located on the same property or separate properties. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line from which the adult business would be operated to the nearest point on the property line of any other adult business located;
a.
Provided the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way; and
b.
Provided, further, that the seven hundred fifty (750) feet restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning Commission, if the applicant demonstrates by substantial and competent evidence and it is found that:
(1)
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Chapter will be observed; and
(2)
The proposed use will not enlarge or encourage the development of a "blighted area" as defined in Section 100.310 of the Revised Statutes of Missouri, as amended.
Section 400.420 Mobile, Manufactured, And Modular Homes.
[Ord. No. 5053, 4-30-2015]
A.
The purpose of this Section is to make clear this Chapter's regulation concerning mobile, manufactured, and modular homes. These terms, defined in Section 400.150, are nonetheless set out below:
MANUFACTURED HOME
Factory-built, single-family structures that meet the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. § 5401, as amended) commonly known as "HUD" (U.S. Department of Housing and Urban Development Code) and are permanently affixed to a permanent foundation.
MOBILE HOME
A single-family dwelling, factory-built and factory assembled residence which does not comply with the National Manufactured Homes Construction Safety and Standards Act.
MODULAR HOME
A residential dwelling unit constructed in components at a factory and which meets the City's residential building code.
B.
Notwithstanding anything contained in this Chapter to the contrary: i) a mobile home is not a permitted use in any zoning district, but existing mobile homes may be maintained as provided for in Article X; ii) a manufactured home, as defined herein (note requirement to be permanently affixed to a foundation), is to be considered a dwelling; and iii) a modular home is to be considered a dwelling.
Section 400.430 Accessory Uses.
[Ord. No. 5053, 4-30-2015]
A.
Definition And Applicability.
1.
In a residential zoning district, an accessory structure or use is a subordinate or incidental structure or use, attached to or detached from the principal structure, and which is not used for commercial purposes, except as to provide for home occupations.
2.
In nonresidential zoning districts, an accessory structure or use is a subordinate structure or use, the use of which is secondary to and supportive of the principal structure.
3.
Accessory uses include any use that is authorized in the district which is secondary or subordinate to the primary use.
B.
Performance Standards For Accessory Dwelling Units. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed only in A zoning district;
2.
The accessory dwelling unit may be constructed only upon the issuance of a building permit;
3.
The accessory dwelling unit shall be a permanent structure;
4.
Accessory dwelling units shall be considered independent buildable sites, and be connected to public water and sewer service where available or have on-site water and sewer facilities;
5.
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit;
6.
The accessory dwelling unit shall comply with all required building setbacks for the principal residential use;
7.
The overall height of an accessory dwelling shall be limited to one (1) story, provided that a garage apartment or nonresidential caretaker's quarters, may be located over a garage; and
8.
When the accessory dwelling is directly attached to the principal dwelling, it shall be considered an integral part of the main building.
C.
Standards For Accessory Buildings Or Structures In Residential Zoning Districts. Accessory buildings or structures may be allowed in residential zoning districts pursuant to the following conditions:
1.
Detached accessory buildings shall be prohibited from being placed in front of the principal building and shall be placed in the rear yard, except that a detached garage may be located in front of the principal residence.
2.
The minimum required side setback for the principal building shall be observed for accessory buildings.
3.
Accessory buildings adjacent to a side street shall have a side yard not less than that of the primary structure.
4.
Except as noted above, accessory structures shall comply with the minimum setback requirements established in the district.
5.
In Districts R-1 and R-1A, one (1) detached accessory storage building that does not exceed four hundred (400) square feet is permitted.
6.
In Districts A, there shall be permitted detached garages, barns or live stock structures.
7.
Fences, wood, chain link, masonry, wrought iron, and plastic fences are permitted in all zoning districts provided the following conditions are met:
a.
No fence shall be constructed that will constitute a traffic hazard.
b.
No fence shall be greater in height than three (3) feet in the required front yard.
c.
Barbed wire and electric fences are not permitted except in agricultural, industrial and commercial zoning districts.
8.
A private stable will be allowed on a lot having an area of more than one (1) acre, provided that it is located not less than one hundred (100) feet from the front lot line, nor less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each forty thousand (40,000) square feet of lot area; provided, however, that where any such stable exists and/or animals as herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all state, county and municipal sanitary and health regulations regarding same.
9.
The following uses are permitted as temporary uses as specified:
a.
Christmas Tree Sales. Christmas tree sales are permitted in any commercial or industrial zoning district for a period not exceeding sixty (60) days prior to Christmas. Display must be on private property. Trees shall not be displayed within thirty (30) feet of the intersection of any two (2) streets.
b.
Contractors offices and equipment sheds and trailers which are accessory to a construction project are permitted during the duration of such project.
c.
Real estate offices are permitted as an accessory incidental use for residential developments. The use is permitted within a model home or dwelling unit that is not occupied, or in a temporary structure set up for a real estate office. Such temporary structure must comply with all setback requirements and provide paved off-street parking facilities. Such use may continue only until the sale of all properties within the development, as long as the office is occupied and staffed a minimum of four (4) days per week.
d.
Sales of farm produce grown on the premises is permitted in Agricultural, Residential, Commercial, and Industrial zoning districts.
e.
Carnivals, circuses and fairs are permitted in commercial and industrial zoning districts for a time period not exceeding three (3) weeks.
f.
Garage or yard sales are permitted in any zoning district provided that such use shall not exceed three (3) consecutive days in duration nor shall it occur more than two (2) times in a year at any location.