(a)

Family means one or more persons related by blood, marriage, or adoption; or a group of not more than five persons who are not related by blood or marriage or adoption occupying a living unit as an individual housekeeping organization.

(b)

Living unit means the room or rooms occupied by a family. The living unit must include a kitchen.

(c)

(1)

Dwelling means a building used entirely for residential purposes, but not hotels or motels, and must have:

a.

A roof pitch of no less than three inches of vertical rise to every 12 inches of horizontal run.

b.

Roofing materials consisting of composition asphalt shingle, fiberglass shingle, wood shake, baked tile, crushed rock or other material commonly accepted in the industry and approved by the building inspector.

c.

A roof overhang of not less than one foot measured from the vertical side of the home. When attached carports, garages, porches or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home.

d.

Siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.

e.

Proper guttering attached.

(2)

Single family dwelling means a building that contains only one living unit. All single-family dwellings must contain at least 960 square feet of living space, excluding garages, carports and accessory buildings.

(3)

Two-family dwelling means a building that contains only two living units.

(4)

Multiple dwelling means a building that contains more than two living units.

(d)

(1) Lodginghouse means a dwelling consisting of not more than one living unit occupied by not more than 20 persons not related by blood, marriage or adoption where a room is provided for compensation. This term includes roominghouse, boardinghouse and tourist home.

(2)

Nursing or convalescent home means a private home, institution, building, residence or other place, whether operated for profit or not, which provides maintenance, personal care or nursing for three or more individuals not related to the operator, who are unable to care for themselves; or provides sheltered care to three or more nonrelated individuals which includes treatment or services which meet a need of the individual beyond the basic requirements of food, shelter and laundry. The term shall not include the following:

a.

A home operated by the Federal or State Government or any agency or subdivision thereof.

b.

A hospital or other institution whose principal activity is to provide facilities for the care or treatment of persons suffering from a mental or nervous disorder.

c.

A hospital licensed under provisions of Chapter 197 RSMo.

d.

Any child welfare facility or maternity hospital which is licensed by the State of Missouri.

(e)

Hotel is a dwelling not consisting of living units and occupied by more than 20 persons as a temporary place of residence by individuals who are lodged for compensation. Apartment hotel is a multiple dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drugstore, barbershop, cosmetologist's shop, cigar stand or newsstand, when such uses are located entirely within a building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

(f)

Motel is an inn or group of cabins designed for occupancy by paying guests.

(g)

Institution is a nonprofit establishment for public use.

(h)

Mobile home means a factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, contains 320 or more square feet equipped with the necessary service connections and made so as to be readily movable as a unit or units or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase without a permanent foundation indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

(i)

Clinic is an establishment occupied by one or more members of a healing profession.

(j)

Farm. An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine.

(k)

Garage apartment. A living unit for not more than one family erected above a garage, adjacent to a garage or on the rear of a lot.

(l)

Manufactured or modular home means a factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes and bearing a seal issued by the U.S. Department of Housing and Urban Development according to Missouri Statute Section 700.010 et seq. or meets current BOCA standards.

(Ord. No. 2085, § 1, 10-5-70; Ord. No. 2165, § 1, 12-20-73; Ord. No. 2946, §§ 1—3, 11-20-89; Ord. No. 3437, § 1, 9-15-97; Ord. No. 4084, § 1, 1-22-08)

Farms, provided, however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish or offal.

Nurseries and greenhouses.

Mining and extraction of minerals or raw materials and the manufacturing, processing, treatment and storing of materials or minerals which are extracted from any portion of the district.

Publicly-owned or operated properties.

Parks, playgrounds, golf courses and recreational uses, except miniature golf courses, or commercial practice driving tees.

Railroad tracks and yards and similar railroad facilities.

Single-family dwellings.

Churches and other places of worship, Sunday school buildings and parish houses.

Public elementary and high schools, or private schools with a curriculum the same as ordinarily given in public elementary and high schools.

Riding stables and private stables.

Single-family dwellings.

Public elementary and high schools, or private schools with a curriculum the same as ordinarily given in public elementary and high schools.

Churches and other places of worship, Sunday school buildings and parish houses.

Golf courses, but not miniature courses or driving tees.

Two-family dwellings in the R-2 District only.

Multiple dwellings.

Garage apartments; provided, however, that the building be set back ten feet from all side and rear lot lines.

Lodging houses.

Hospitals and undertaking establishments.

Religious, educational and philanthropic institutions, but not animal care.

Clubs, lodges, fraternities and sororities where the chief activity is not a business.

Professions, occupations and activities carried on by resident members of families where:

(1)

There is no sign other than one nonilluminated sign no larger than two square feet in area;

(2)

Nothing is done to make the building appear as other than a dwelling;

(3)

Mechanical equipment used does not constitute a nuisance; and

(4)

Only one person, other than a member of a family, is employed.

Sale of goods and products at retail including filling stations.

Shops for repair and servicing of bicycles, electrical, radio and television appliances, keys and similar articles.

Dressmaking, millinery, tailoring, shoe repair, laundry, dry cleaning and similar trade.

Offices.

Banks.

Animal hospitals and clinics where there are no open kennels.

Commercial schools.

Parking lots.

Garages.

Hotels and motels providing 2,000 square feet of lot area for each hotel or motel unit; providing at least 20 feet between buildings but for the purposes of this requirement a series of attached units comprising a continuous structure shall be considered as one building; providing lavatory, toilet and tub or shower, hot and cold running water, and at least 200 square feet of floor space in each unit.

Theaters.

Furnace, heating, air-conditioning, typewriter, sheet metal, plumbing, tire and similar shops.

Printing plants.

Private recreational activities.

New and used car sales.

Laundries and dyeing and cleaning establishments.

Bakeries.

Creameries.

Bottling works.

Bus and truck terminals.

Outdoor theaters when approved by state highway department.

Nursing and convalescent home.

Restaurants, taverns and eating establishments.

Storage buildings.

Medical marijuana dispensaries.

Comprehensive marijuana dispensaries.

(Ord. No. 2165, § 2, 12-20-73; Ord. No. 2315, § 1, 7-17-78; Ord. No. 3257, § 1, 8-7-95; Ord. No. 4507, § 1, 6-3-19; Ord. No. 4638, § 1,  3-20-23)

This district is intended to provide for commercial and recreational activities that warrant special consideration due to their scale or potential impact, or for certain sites due to their location or environmental characteristics. The major objectives of a C-P District are:

-

To promote flexibility in design and location of structures

-

To promote the efficient use of land and to facilitate a more economic arrangement of buildings, circulation system, land use and utilities

-

To ensure compatibility with surrounding areas

(a)

General conditions:

(1)

A District C-P may be established on a tract of land in single ownership or under unified control.

(2)

The net area of land to be included in a District C-P and so designated, shall be at least two and one-half acres in size. The term "net area," as used herein, shall not include any areas within dedicated highways, streets, alleys or any other public ways or public property.

(3)

The location of any District C-P shall be on property which has direct access to major thoroughfares, and the Planning Commission and City Council shall satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic projected to be generated by the development.

(4)

A preliminary development plan for the proposed development shall be submitted and considered as part of the rezoning application. The preliminary development plan for the proposed development shall present a unified and organized arrangement of buildings and service facilities which shall have a fundamental relationship to the properties comprising the planned development, and shall not adversely affect the uses of properties immediately adjacent to the proposed development.

(b)

Preliminary development plan—Content and submission requirements: The following list delineates the elements which are to be submitted at the same time as the rezoning request. No rezoning request will be considered until all required elements have been submitted.

(1)

Twelve copies of the preliminary development plan shall be submitted in support of the application for rezoning. The preliminary development plan shall contain the following information:

a.

North arrow and scale. All preliminary development plans are to be drawn to a standard engineer's scale. All items shown on the preliminary development plan, including, but not limited to, streets, driveways, and building shall be drawn to scale. The actual scale used will depend on the development and shall be subject to the approval of the Building Inspector and/or City Administrator.

b.

With regard to the subject property only:

1.

Existing topography with contours at five-foot intervals, and delineating any land areas within the 100-year floodplain.

2.

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.

3.

Sufficient dimensions to indicate relationships between buildings, property lines, parking areas and other elements of the plan.

4.

General extent and character of the proposed landscaping.

5.

Preliminary storm water collection, detention, and erosion control plans, showing existing facilities.

6.

An analysis of the capacity of the existing sanitary sewer receiving system.

c.

With regard to areas within 200 feet of the subject property:

1.

Any public streets which are of record.

2.

Any drives which exist or are proposed such that their location and size are shown on plans on file with the City, except those serving single-family houses.

3.

Any buildings which exist or are proposed such that their location and size are shown on plans on file with the City. Single-family and two-family residential buildings may be shown in approximate location and general size and shape.

d.

A schedule indicating total floor area, land area, parking spaces, open space, land use intensity and other quantities which are described in the preliminary development plan.

e.

A schedule indicating the stages proposed to be followed in the construction of the Planned Business Center.

(2)

Twelve copies of a preliminary sketch shall be submitted depicting the general style, size and exterior construction materials of the buildings proposed. In the event of several building types, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

(3)

Twelve copies of a thoroughfare plan, showing the general arrangements of streets within 1,000 feet of the boundaries of the area proposed for a Planned Business District.

(4)

Traffic Impact Analysis (TIA). A TIA may be required by the Planning Officer whose decision is appealable to the Planning Commission whose decision is appealable to the City Council. In addition, the Planning Commission or City Council, on their own motion may require a Traffic Impact Analysis.

Elements which will be considered in the determination of requiring a Traffic Impact Analysis, include, but are not limited to:

a.

Development in the I-70, Missouri Highways 5 and 87, and Route B corridors.

b.

Areas of existing high traffic congestion.

c.

Proposed development of a size, i.e., building square footage, number of employees, that a significant increase in area traffic is expected.

(c)

Preliminary development plan—Revisions:

(1)

Changes in the approved preliminary development plan.

a.

Changes in the preliminary development plan which are not substantial or significant may be approved by the Planning Commission, and disapproval of such changes by the Planning Commission may be appealed to the City Council within ten business days of the Planning Commission decision.

b.

Substantial or significant changes in the preliminary development plan may be approved after rehearing by the Planning Commission and the City Council.

c.

For purposes of this Section "substantial or significant changes" in the preliminary development plan shall mean any one or more of the following:

1.

Increases in the floor area of each building or buildings presented in the preliminary development plan by more than ten per cent or decreases in the floor area of any building by equal to or greater than 50 per cent.

2.

Increases in lot coverage by more than five per cent.

3.

Increases in the height of any building by more than 20 per cent.

4.

Changes of architectural style which will make the project less compatible with surrounding uses.

5.

Changes in ownership patterns or stages of construction that will lead to a different development concept.

6.

Changes in ownership patterns or stages of construction that will impose substantially greater traffic loads on streets and other public facilities.

7.

Decreases of any peripheral setback of more than five per cent.

8.

Decreases of areas devoted to open space of more than five per cent or the substantial relocation of such areas.

9.

Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.

10.

Modification or removal of conditions or stipulations to the preliminary development plan approval.

(2)

The determination of whether a proposed revised preliminary development plan contains "substantial or significant changes" shall be made by the Building Inspector five business days following the filing of an application.

(d)

Final development plan—Content and submission requirements: The following list delineates the elements which are to be submitted at the same time as the rezoning request. No rezoning request will be considered until all required elements have been submitted.

(1)

Twelve copies of a final development plan for any building or buildings to be constructed within the Planned Business District shall be submitted in support of the application. The final development plan shall contain the following information:

a.

Site plan:

1.

Finished grades or contours for entire site (five-foot or two-foot contour intervals may be required depending on the site).

2.

All adjacent public street right-of-way, existing and proposed, with centerline location.

3.

All adjacent public street and private drive locations, widths, curb cuts and radii (existing and proposed).

4.

Location, width and limits of all existing and proposed sidewalks.

5.

Location, size and radii of all existing and proposed median breaks and turning lanes.

6.

Distance between all buildings, between buildings and property lines and between all parking areas and property lines.

7.

Location of all required building and parking setbacks.

8.

Location, dimensions, number of stories and area in square feet of proposed buildings.

9.

Area of land on site plan in square feet or acres.

10.

Limits, location, size and material to be used in all proposed retaining walls.

11.

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

12.

Location, height candle power, direction of lighting and type of outside lighting fixtures for buildings and parking lots.

13.

Location, size, type of material and message of all proposed monument or detached signs.

14.

Pertinent peripheral information, to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.

15.

Final storm water collection, detention, and erosion control plans.

16.

Final analysis of the capacity of the existing sanitary sewer receiving system.

b.

Building elevations:

1.

Elevations of all sides of proposed buildings, including notation indicating building material to be used on exteriors and roofs.

2.

Location, size and materials to be used in all screening of rooftop mechanical equipment.

c.

Landscaping and screening:

1.

Landscape plan calling out size, species, location and number of all proposed landscape material.

2.

Notation of all areas to be seeded or sodded.

3.

Location, size and materials to be used for all screening and/or outside trash enclosure areas.

(2)

All final development plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Building Inspector.

(3)

One copy of the proposed final development plan and one copy of the proposed building elevations shall be reduced onto 8½ × 11 inch bond paper.

(4)

The following shall be submitted in support of the application for final development plan approval:

a.

Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat.

b.

A copy of all covenants and restrictions applicable to the development if required by the terms of the approved preliminary development plan.

c.

Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.

d.

Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.

(e)

Final development plan—Consideration:

(1)

Final development plans which contain no changes from the approved preliminary development plan shall be approved by the Planning Commission if it is determined that all submission requirements have been satisfied.

(2)

A final development plan which contains changes from the approved preliminary development plan, but is in substantial compliance with the preliminary plan, may be approved by the Planning Commission without a public hearing, provided that it is determined that all submission requirements have been satisfied. For purposes of this Section, lack of "substantial compliance" shall have the same meaning as "substantial or significant change" as set forth in this Section. Any determination made by the Planning Commission under this subsection shall be appealable to the City Council by the applicant within five business days of the date of the Planning Commission determination.

Any three Councilmen may request review of the final development plan within seven days of the Planning Commission action by notifying the City Clerk in writing. The final development plan will be placed on the agenda for the next regularly scheduled City Council meeting. The City Council may approve, conditionally approve or disapprove the final development plan.

(3)

In the event that the developer proposes final development plan changes that are substantial changes from the approved preliminary development plan, the developer may request that a public hearing be held on the final development plan.

(4)

In the event of a determination that the changes in the proposed final development plan are substantial changes from the approved preliminary development plan, and thereby denied by the City Council, the same or a similar application may not be considered again by the Planning Commission and City Council except through the public hearing process.

(5)

No building permit shall be issued for any construction in this District C-P until the City Council has approved the final development plan for the building.

(6)

The proponents of a Planned Business District shall prepare and submit a schedule of construction, which construction shall begin within a period of one year following approval of the final development plan by the City Council. Failure to begin the construction as scheduled shall void the final development plan as approved, unless a request for an extension of time is made by the proponents to the City Council and approved by said Council.

(7)

After the zoning change has been made and the final development plan has been approved, and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking area, entrances, heights or open spaces are requested by the proponents, and such requests conform to the standards established by the approved final development plan for area to be covered by buildings, parking spaces, entrances, height, set-back and other requirements, such adjustments may be approved by the Planning Commission and City Council pursuant to the final development plan considerations set forth in Section 2.55 E. upon application.

In addition to the above, the Building Inspector may, without the approval of the Planning Commission and/or City Council, allow the developer to make the following changes in the approved Final Plan as a result of unforeseen engineering problems:

a.

Move private streets and driveways by not more than ten feet.

b.

Move the location of structures by not more than ten feet so long as not to violate any setback regulations.

c.

Move the location of any parking area by not more than 20 feet so long as it would not come closer than 20 feet to any residential structure or ten feet from any street or right-of-way lines.

d.

Change the configuration of any parking area so long as the number of spaces is not reduced below the required number of spaces.

e.

Change the location of sidewalks and pathways provided that all points remain connected.

(f)

Use regulations:

(1)

In District C-P, no building, structure or premises shall be used, and no building shall be hereafter erected, constructed, reconstructed, moved or altered, except for any uses permitted in District C-1.

(g)

Height and area regulations: In a District C-P, the height for buildings hereafter erected, constructed, reconstructed, moved or altered, and the minimum dimensions of open spaces shall be as follows:

(1)

Buildings or structures shall not exceed 60 feet in height and shall not exceed five stories in height.

(2)

There shall be a setback from any street of at least 30 feet for any building, and ten feet for any parking lot. Along any other property line, within or adjoining a zoned business district, there shall be a setback for any building or structure of at least ten feet, unless, for good cause shown, the City Council adjust such setback.

(3)

Along any other property line abutting or adjoining a zoned dwelling house district, there shall be a setback of at least ten feet for any building or parking lot. The Planned Business District shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence or other suitable enclosure at least six feet in height. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen, and trees and shrubs shall be properly and adequately maintained by the developer.

(4)

The building line along any street shall be consistent with the building line established in any neighboring residential districts. The Planning Commission may recommend to the City Council a reduction in the above required setbacks where the situation will reasonable warrant such reductions, and the City Council may, in their discretion, adjust such setbacks.

(5)

Floor area ratio: Maximum floor area ratio, .55 to 1.

(6)

Impervious coverage: Maximum coverage, 80 per cent.

(7)

Parking regulations: Five spaces required each 1,000 square feet; a minimum of four spaces regardless of the size of the building.

(Ord. No. 3495, § 1(Exh. A), 6-1-98)

Premises in the C-2 District, as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas or vibration, also may be used for.

Assaying.

Bookbinderies.

Box lunch preparation/catering establishment.

Cellophane products manufacturing.

Ceramic products manufacturing and clay storage.

Computer, electronic and aerospace device (and related component) assembly.

Cold storage or refrigerating plants.

Candy, nut and confectionary manufacturing.

Cosmetics manufacturing.

Dairy and other food products manufacturing (except fish and meat products, sauerkraut, vinegar, yeast and rendering or refining of fats and oils).

Electrical parts, assembly and manufacturing.

Farm machinery sales, repair and overhauling.

Fiber products manufacturing (previously prepared fiber).

Foundry casting lightweight nonferrous metal (no brass, manganese, bronze, zinc).

Garment, hosiery and hat manufacturing.

Glass products manufacturing.

Grain elevators and hay barns.

Housewares manufacturing.

Iron works, ornamental.

Jewelry and stone products manufacturing.

Leather products manufacturing (previously prepared leather).

Lumberyards.

Machining and metal parts fabrication.

Comprehensive marijuana cultivation.

Comprehensive marijuana-infused products manufacturing.

Medical marijuana cultivation.

Medical marijuana infused products manufacturing.

Marijuana testing.

Ordnance manufacturing.

Perfume manufacturing.

Plastic and rubber products manufacturing (previously prepared material).

Radio, television and small machine assembly.

Scientific instrument and equipment testing and manufacturing.

Sheetmetal products (light).

Shoe manufacturing.

Silkscreen printing.

Sign and marketing display fabrication and painting.

Small engine (parts, components, and accessories thereof) manufacturing and assembly.

Open storage of building material, lumber, coal, machinery and pipe when the material is enclosed within a solid fence at least six feet high, said fence to be within required building lines.

Television and radio broadcasting transmitters.

Testing laboratory.

Textile products manufacturing.

Tire retreading, recapping or rebuilding.

Toiletries manufacturing.

Tool manufacturing.

Toy manufacturing.

Transformer manufacturing.

Warehouse or storage building, with or without distribution.

Well drilling services.

Wholesale business.

Wood products manufacturing (assembling work and finishing).

Restaurants, taverns and eating establishments.

Heating, air conditioning, refrigeration and appliance manufacturing and accessory uses related thereto.

Other uses similar to the above as provided by appeal in part 8.

(Ord. No. 2315, § 1, 7-17-78; Ord. No. 2331, §§ 1, 2, 11-20-78; Ord. No. 2675, § 1, 5-7-84; Ord. No. 4407, § 1, 5-16-16; Ord. No. 4507, § 1, 6-3-19; Ord. No. 4638, § 1,  3-20-23)

Premises in the RGD-1 District.

Any use under C-1.

Operation of excursion gambling boats licensed pursuant to Chapter 313, RSMo, as amended.

Design, creation, manufacture, selling and generally dealing in jewelry, arts and crafts.

Any other use expressly permitted under a properly approved site plan.

(a)

Purpose. The purpose of the Riverboat Gaming District is to encourage the unified and harmonious improvement of land and buildings as an overall development for the operation, service, support and supplementation of an excursion gambling boat(s) under a single plan of development. The site plan must present an organized arrangement of buildings and service facilities which shall have a logical relationship to the properties comprising the Riverboat Gaming District and to the excursion gambling boat(s) docked within such district.

(b)

Adoption of Riverboat Gaming District.

(1)

The City Council may, upon its own initiative or upon submission of a site plan to the Planning and Zoning Commission, rezone property to RGD-1 in accordance with this section.

(2)

The City Council shall forward the City Council initiative to the Planning and Zoning Commission.

(3)

The City Council, after receiving recommendations from the Planning and Zoning Commission, shall designate as Riverboat Gaming Districts those areas including and in the vicinity of a proposed dock which taken together are necessary, appropriate or desirable as an overall development for the operation, service, support and supplementation of an excursion gambling boat(s).

(4)

If a Riverboat Gaming District is created by the City Council, after receiving recommendations by the Planning and Zoning Commission but prior to approval of the required site plan or plans, the ordinance creating said Riverboat Gaming District shall set forth those features of land use for which a site plan must be approved, and provide further that no building permits may be issued prior to approval of the preliminary site plan by the Planning and Zoning Commission. The site plan as approved shall be entered in the records of the City Clerk and the Planning and Zoning Commission, and conformance with the site plan shall be mandatory, provided that the site plan as approved may specify permissible variations.

(5)

Should the Planning and Zoning Commission deny a request for rezoning or a request for a preliminary or final site plan approval, the applicant shall have the right to request a review before the City Council, which shall have the right, by resolution, to affirm or overrule the decision of the Planning and Zoning Commission.

(c)

Every site plan shall contain the following information:

(1)

A site plan drawn at a scale of one inch equals 100 feet or larger, showing approximate north arrow and scale.

(2)

Property lines of the proposed project.

(3)

Boundary survey showing measurements and legal description, present zoning and title report.

(4)

Name, address and phone number of land planners, engineers, architects and landscape architects preparing the site plan.

(5)

Delineation of sufficient surrounding area to demonstrate relationship of the proposed usage to adjoining uses, both existing and proposed.

(6)

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within the area to be devoted to the proposed usage, to and from existing thoroughfares, and a delineation of proposed driveways to and from such thoroughfares.

(7)

Any special engineering features and traffic regulation devices proposed to be installed to facilitate or ensure the safety of this circulation pattern.

(8)

Existing contours with a solid line and proposed contours with a dashed lined; contours shall have a maximum vertical interval of five feet.

(9)

General location and width of all existing and proposed public rights-of-way, such as alleys, pedestrian ways and easements and proposed location of all utilities.

(10)

The proposed net density of dwellings, seats, employees or any other applicable unit of measure, in tabular form, by phase.

(11)

The proposed stages or phases of the construction schedule of all land development and improvements within the tract to be zoned.

(12)

Proposed height of structures and the proposed building layout or the front and rear building setback lines and yard and building bulk plans.

(13)

Proposed use of land and buildings, or a description of the proposed uses by type, character and intensity.

(14)

Proposed location of dock and excursion gambling boat(s).

(15)

Location and amount of parking, including ratio of spaces to boat passengers, and loading, or indication of the proposed parking and loading ratio and the location criteria.

(16)

Existing and proposed streets, drives, curb cuts, walkways, and entrances and exits from streets, or indication of the criteria for entrance and exit placement.

(17)

Location, type and size of signs, or indication of the criteria for location, type and size of signs.

(18)

Gross floor area of buildings, or indication of the desirable criteria with maximums.

(19)

Proposed landscaping.

(20)

Drawings or photographs of the excursion gambling boat(s) and of any other facility to be used in conjunction with the riverboat gambling project, with dimensions and passenger capacity.

(d)

Nonsubstantial Changes During Construction. In the course of carrying out any stage of the development, certain site plan revisions or adjustments of detail may be permitted if approved by the City Administrator and the Building Inspector. However, such revisions or adjustments of detail must be in compliance with all applicable provisions of this section and in substantial compliance with the Riverboat Gaming District site plan, as approved by the City Council. If the Building Inspector or the City Administrator determines that the modifications are not in accordance with such approval, the request shall be denied. The applicant may proceed with the approved site plan or may file an amended site plan for the Riverboat Gaming District.

(e)

Building Permits. Before any building permit is issued for work to be performed in the Riverboat Gaming District, the site plan shall be approved by the City Council. Every building permit issued in an RGD-1 district shall reference the resolution or ordinance approving the site plan. The Certificate of Occupancy shall reference the resolution or ordinance by the City Council approving the site plan and shall show the use for which the building was approved.

(f)

Excursion Gambling Boat. All excursion gambling boats shall conform to the provisions of the local building codes except to the extent that they are required to conform to standards set by the Missouri Gaming Commission. In that instance, they shall conform to the American Bureau of Shipping and/or Coast Guard and/or Corps of Engineer standards and, to the extent they can, shall also conform to local building code standards. All floating facilities shall be required to have a certificate of stability from the appropriate certifying agency.

(g)

Amendment to Site Plan. If any amendment is desired in the site plan as submitted, either during construction or in use thereafter, such change shall be made only after approval thereof by the City Council in accordance with the provision hereof.

(h)

Filing Fee. A filing fee sufficient to cover all reasonable review costs, including but not limited to legal fees and traffic and/or engineering studies or reviews, as determined by the City Council, shall be paid by the applicant before the site plan is placed on the agenda for formal consideration.

(Ord. No. 3295, §§ 3, 10, 3-4-96)

(a)

Junk and salvage yards must be surrounded by a solid fence at least six feet high, located within building lines and the junk or salvage not piled higher than the fence; and

(b)

The following uses must be given separate City Council approval before a building or occupancy permit is issued:

Acid manufacture.

Cement, lime, gypsum, or plaster of paris manufacture.

Distillation of bones.

Explosives manufacture or storage.

Fat rendering.

Fertilizer manufacture.

Gas manufacture.

Garbage, offal or dead animals, reduction or dumping.

Glue manufacture.

Junk or salvage yards.

Petroleum, or its products, refining of.

Smelting of tin, copper, zinc or iron ores.

Stockyards or slaughter of animals.

Before granting such separate approval, the City Council shall refer applications to the Fire Department and the Commission for study, investigation and report. If no report is received within 30 days, the City Council may assume approval of the application. (Ord. No. 3057, § 3, 5-4-92)

(a)

Owner or owners of 20 acres or more of land may submit to the City Council a plan to develop this property, which plan shall be known as a "development plan".

(b)

A development plan shall be drawn to scale and shall show boundaries of the area proposed to be developed; existing topography with contour intervals of not more than five feet; size, location and arrangement of proposed buildings; parking areas with arrangement of stalls, number of cars parked, location of entrance and exit driveways and their relationship to existing and proposed streets; proposed grading, drainage facilities and landscaped areas; and existing development of adjacent properties within 200 feet including the location, type and use of buildings and structures.

(c)

The development plan may include the following:

Any type of residential use, provided that the total number of living units does not exceed the number obtained by dividing 80 percent of the gross site area less any lands used for the following items by the minimum lot area per family required in Part 5 hereof;

Churches, schools, clubs, parks and other institutions.

Hotels and motels meeting standards established in Section 2.5 hereof.

The use of, not to exceed ten percent of the gross site area, for commercial service facilities which shall be limited to: Restaurants, private recreational uses, filling stations, grocery stores, drugstores, barber shops and beauty parlors and clinics.

(a)

Special uses permitted are:

(1)

Any public buildings erected, operated and used by a department of the City, County, State and federal government.

(2)

Airports and landing fields.

(3)

Cemeteries, including mausoleums; provided that mausoleums shall be distant at least 200 feet from every street line and adjoining lot lines, and provided further that any new cemetery shall contain an area of 20 acres or more.

(4)

College or University.

(5)

Hospitals, nursing homes, and institutions of an educational, religious, charitable, or philanthropic nature; provided, however, that such buildings shall not be located upon sites containing an area of less than five acres, may occupy not over ten per cent of the total area of the lot and that the building shall be set back from all yard lines a distance of not less than two feet for each foot of building height, but in no case shall the building be closer than 30 feet to any property line. (Ord. No. 2073, § 1, 3-23-70)

(6)

Commercial nurseries and greenhouses, provided that any such structures shall be not less than 50 feet from all residential property lines.

(7)

[Repealed by § 2, Ordinance 2085, (10-5-70)]

(8)

Nursery, prekindergarten, kindergarten and other private or special schools where the site area is three acres plus one acre for each 100 pupils or part thereof enrolled in the school.

(9)

Private clubs not carried on as a business.

(10)

Advertising signs—Billboards and poster panels.

(b)

Before any change of use of the premises existing at the time of the effective date of the regulations or permitted as herein provided is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the Planning Commission. The Commission shall hold a public hearing and shall review such plans and statements and shall, after a careful study thereof, and the effect that such buildings, structures, or uses will have upon the surrounding territory, submit a recommendation to the City Council within 30 days following said hearing. Following receipt of the Commission's report, the City Council may, with the specifications herein provided, permit such buildings, structures, or uses where requested, provided that the public health, safety, morals and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property.

(a)

The use of land which does not conform to the provisions of this Ordinance at the time of its effective date may be continued for a period of two years. If a nonconforming use of land is discontinued at any time, it must thereafter be used only for a use permitted in the district.

(b)

The lawful use of a building existing at the time of the effective date of this Ordinance may be continued although such use does not conform to the provision hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same classification, to a more restricted classification, or to a conforming use, but such use shall not thereafter be changed to a less restricted use.

(c)

In the event that a nonconforming use of any building is discontinued for a period of one year, the use of the same shall thereafter conform to the use regulations of the district.

(d)

No nonconforming use, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district.

(e)

If a nonconforming use is 75 per cent damaged or destroyed by a fire, explosion, act of God, or the public enemy, then any restoration must be for a permitted use.

(f)

Where a premises in an R District was used only for open storage or only for signs and billboards, such uses must be discontinued and the stored material or signs removed within two years after the effective date of this ordinance. All junk and salvage yards shall conform with the requirements of Section 2.7 within two years after the effective date of this ordinance.

(g)

Passage of this ordinance in no way legalizes any illegal uses existing at the time of its adoption.

(h)

Existing uses of types eligible for special permits in Section 2.7, shall not be nonconforming uses and shall receive a special permit for the existing use from the Building Inspector upon request; but shall require a special permit for any enlargement or addition.

Mobile homes are permitted in the various zoning districts of the City but said mobile homes shall be located within mobile home parks and all mobile home parks shall meet the following minimum standards.

a.

A mobile home park shall contain an area of not less than five acres. Each mobile home park shall have a maximum density of mobile home lots per acre as follows:

R-A Agricultural and R-1 Residential. No more than six mobile home lots per acre.

R-2 Residential. No more than seven mobile home lots per acre.

All Other Zoning Districts. No more than eight mobile home lots per acre.

b.

Each lot within said mobile home park provided for the occupancy of a single mobile home lot shall have an area of not less than 4,000 square feet. All mobile home lots within an R-A District shall provide for a minimum 50 feet front yard, a minimum 50 [feet] rear yard and 15 feet minimum side yards. All mobile home lots within an R-1 District shall have a minimum 25 feet front yard, a minimum 30-foot rear yard and eight feet minimum side yards. Mobile home lots with any other districts shall have a minimum 20 feet front yard, a minimum 25 feet rear yard and eight feet minimum side yards. In determining yards widths any porch, carport, or auxiliary buildings shall be included in the mobile home dimensions.

c.

Each mobile home lot shall abut or face a public street or a street within said mobile home park. All streets within said mobile home park shall have access to a public street and shall be not less than 30 feet in width and must have a seal coat, bituminous, asphalt or concrete surface. Provided however, before any street within the mobile home park can be dedicated and accepted as a public street by the City of Boonville, it must have a minimum right-of-way of 50 feet and shall meet all other requirements of city streets.

d.

One off-street parking space of not less than nine feet by 20 feet shall be provided on each mobile home lot. All off-street parking spaces and other areas used by vehicles including individual lot drives and loading areas shall have at least a seal coat surface.

e.

All mobile home pads shall consist of a minimum surface of four inches of gravel. All other areas shall be landscaped with a suitable cover.

f.

All mobile home lots shall be connected to a sanitary sewer system. The sanitary sewer system serving the individual lots within said park shall be connected to any public sewer system available within 200 feet of the mobile home park. If a private sanitary sewer system is established for the mobile home park, it must be approved by the Missouri Water Pollution Board.

g.

All mobile home lots shall be connected to a sanitary water system. The sanitary water system serving the individual lots within said park shall be connected to any public water system within 400 feet of the mobile home park. If a private sanitary water system is established for the mobile home park, it must be approved by the Missouri Division of Health. Fire hydrants shall be provided every 700 feet or less along all streets within the mobile home park.

h.

Electric and gas services shall be made available to each lot. Secondary and service lines for gas, electric, telephone and cable television connections shall be placed underground. Adequate street lighting shall be provided.

i.

A minimum of one trash container shall be provided for each mobile home and trash containers may be grouped in convenient locations. No container shall be larger than 30 gallons in capacity. (Ord. No. 2129, § 1, 6-5-72)

j.

Existing mobile home parks or trailer camps having five or more lots shall not be enlarged unless the mobile home park or trailer camp contains, after enlargement, an area of not less than five acres. In no case shall any mobile home park or trailer camp be enlarged unless that portion of the park or camp, added or extended, meets the minimum requirements as hereinabove set forth. Existing mobile home parks or trailer camps having less than five lots shall not be permitted to replace any removed or destroyed mobile homes within said camp or park.

k.

All mobile home parks or trailer camps licensed prior to passage of this Ordinance shall be connected to the city water system and the city sewer system within 90 days after passage of this ordinance if said city system is within 400 feet or 200 feet respectively of the mobile home park or trailer camp.

1.

Mobile home parks having two to five spaces or lots shall pay an annual license fee of $20.00. Mobile home parks having six or more mobile home lots shall pay an annual license fee computed as follows: $20.00 for the first five lots; $0.50 for each additional lot not to exceed 70 lots; $0.25 for each additional lot above 75 lots.

(Ord. No. 2085, § 2, 10-5-70)

Editor's note— Section 3 of ordinance 2085 which does not purport to amend the zoning ordinance reads as follows:

SECTION 3: Application for permission to construct a mobile home park shall be presented to the Planning Commission and said application shall contain a plat of the proposed park showing lot locations, size of individual lots, roadways and streets, parking areas, service buildings, recreationals [recreational] area, if any, and the location of all utility lines including the connection to City water and sewer systems, if any. All applications shall be acted upon in accordance with provisions of Section 2.9(b), Ordinance #1948, General Ordinances of the City of Boonville, Missouri.

a.

Definitions. All words and terms used in this Section shall have the meaning ascribed to such word or term in Chapter 10, Article VII of this Code.

b.

Special Conditions.

(1)

No adult business shall be permitted within 1,000 feet of any religious institution, school, public park or any property zoned for residential use. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school, or public park, or the property zoned for residential use.

(2)

No adult business shall be allowed to locate or expand within 300 feet of any other adult business or of any business licensed to sell or serve alcoholic beverages whether or not such businesses is also an adult business. The distance between any two adult businesses or between an adult business and a business selling or serving alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of each business.

(3)

Direct access to and from the adult business shall not be provided from a residential street.

(4)

The property on which such use is located shall have a minimum of 100 feet of street frontage.

(5)

The facility on which the use is located and the parking for such facility shall have a front yard setback of 20 feet, a side yard setback of ten feet, and a rear yard setback of ten feet.

(6)

All off-street parking shall conform to the Code. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses.

(7)

All landscaping and screening requirements of the Code shall be observed.

(8)

The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the adult business.

(9)

The facility in which such a use is located shall be limited to one wall-mounted sign no greater than one square foot of sign per linear foot of wall length, not to exceed a total of 50 square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.

(10)

Lighting the parking area must provide a minimum light level of 0.25 footcandles over the entire parking area, but in no point shall the light level exceed 3.0 footcandles, nor shall any increase in light levels or visible glare be permitted at the lot line.

(11)

An application for adult business license shall be submitted simultaneously with the application for special use permit.

c.

Site Plan Required. Each application for a special use permit shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:

(1)

The site plan shall be drawn at a scale of one inch equals 50 feet or larger.

(2)

The site plan shall delineate the property lines of the proposed project, and shall indicate the zoning and present use of abutting properties.

(3)

The site plan shall delineate existing rights-of-way and easements.

(4)

The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.

(5)

The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Subsection b(5) of this Section.

(6)

The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.

(7)

The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with Subsection (b) of this Section.

(8)

The site plan shall delineate all points of access and egress in accordance with Subsection b(3) of this Section.

(9)

The site plan shall present in tabular form the proposed net density of the use providing the number of seats, employees or other applicable unit of measure.

(10)

The site plan shall delineate the gross floor area of the building or structure.

(11)

The site plan shall detail the proposed states of construction for all land in development and improvements within the proposed district.

(12)

The site plan shall describe the landscaping to be provided.

(13)

The site plan shall delineate the proposed exterior lighting in accordance with Subsection b(10) of this Section.

(14)

The site plan shall delineate the proposed architectural details of the facility in accordance with Subsection b(8) of this Section.

(15)

The site plan shall indicate the signage in accordance with Subsection b(9) of this Section.

(16)

The site plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.

(17)

The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Section.

(Ord. No. 3438, § 1, 9-15-97)