Any uses permitted in Districts C-1, C-2, C-P, and M-1, and all City zoning districts except residential and agricultural shall be subject to such controls as may be imposed by the City Council if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare or heat, perceptible at the property lines, if such uses generate an amount of traffic so as to cause traffic congestion in the streets, or if covered by Subsection 2.95(b)(3)a., b., or c. With the exception of District M-1, inoperative vehicles may not be stored or repaired, other than in closed garages on the premises.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

(a)

Intent and purpose. The regulations of this section are intended to protect property values, enhance community appearance, and to preserve neighborhood character.

(b)

Application of regulations.

(1)

These regulations shall apply in addition to the other regulations of the base zoning districts.

(2)

These regulations shall not apply to single-family or duplex homes or to agricultural uses.

(3)

The building construction standards of this section shall apply with regard to all portions of the building if the building is:

a.

Within 1,000 feet of the right-of-ways of I-70 and frontage/marginal access roadways associated with such highways.

b.

Within 300 feet of the right-of-ways of the following roadways:

1.

Missouri Highway 5

2.

Missouri Highway 87

3.

Route B

4.

Any street meeting the classification of arterial or thoroughfare

c.

Within 300 feet of any residential zoning district.

(4)

Section 2.95(b)(3) applies to the entire building, if any portion of the building falls within the distance requirements of Subsection 2.95(b)(3) a., b., or c.

(c)

Minimum exterior building material standards.

(1)

A minimum of 50 per cent of each exterior wall, excluding windows and doors, shall consist of one or more of the following materials:

a.

Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faces, or veneered-wall construction, or similar materials.

1.

Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all-weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.

2.

Brick material used for masonry construction shall be composed of hard fired (kiln fired) all weather common brick or other all-weather facing brick.

3.

Stucco or approved gypsum concrete/plaster materials.

b.

Glass walls. Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.

c.

Wood. Plywood paneling shall be prohibited.

(2)

Prohibited materials on all exterior walls.

a.

Concrete finish or precast concrete panel (tilt wall) that is not exposed aggregate, hammered or sandblasted.

b.

Metal panels with a rib depth of less than one inch or a thickness less than U.S. Standard 26 gauge.

(3)

Exposed front and street sidewall facade(s), excluding windows, doors, or overhead doors, consisting of a single undifferentiated plane with a single texture or color, shall be prohibited.

(4)

Not less than 15 per cent of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors, or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this section, fascias or mansards shall not be counted as a projection from the primary plane.

(5)

Roof mounted equipment, excluding ventilators and satellite dishes, or exposed roofs shall be screened from view (100 per cent capacity) or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare or residentially-zoned area, up to a maximum of 300 feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.

(6)

All electrical and mechanical equipment located adjacent to the building and visible from any adjacent applicable public thoroughfare or a residentially-zoned area shall be screened from view (100 per cent capacity), up to a maximum of 300 feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.

(7)

Mirrored glass with a reflectance greater than 40 per cent shall not be permitted on more than 20 per cent of the exterior walls of any building.

(d)

Maintenance. The exposed walls and roofs of buildings shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or otherwise deteriorated shall be refinished or repainted.

(e)

Variation to existing buildings. Additions to the rear of existing buildings, or exterior renovations or remodeling may be permitted by the Building Inspector whether or not said addition, renovation or remodel meets strict compliance with this section.

(f)

Any loading area within an area subject to this Section shall be buffered with landscape materials in conjunction with earthen berms.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

(a)

Intent and purpose. Site plan review is intended to ensure the adequate review and consideration of potential impacts of proposed development upon surrounding uses and activities, and to encourage a high standard of site and building design.

(b)

Applicability.

(1)

Preliminary and/or final site plans:

a.

Every request for rezoning of property to the following districts shall require a preliminary and/or final site plan review: R-1, R-2, R-3, C-1, C-P, and C-2.

b.

Preliminary and/or final site plan review may be required for rezoning requests to Districts if it is determined by the Planning Commission or City Council that the requested zoning may have a significant impact on surrounding roadways and/or properties.

c.

All development that is covered by Section 2.95(b) a., b., or c. shall submit a preliminary site plan and/or final site plan in accordance with Section 2.97 and 2.98 of this ordinance. Preliminary and final site plan submission requirements, review procedures, review and evaluation criteria, conditions and restrictions shall be specified in this ordinance.

(2)

No building permit shall be issued for property subject to the regulations of Section 2.95 until a final site plan has been approved by the City Council.

(3)

Property subject to the regulations of (Planned "P" District) shall require final site plan review prior to issuance of a building permit. Site plan submission requirements and review procedures shall be as specified in C-P zoning regulations.

(4)

Property subject to the regulations of District C-P shall require preliminary and final site plan review as set forth in Sections 2.97 and 2.98.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

(a)

Ten copies of the preliminary site plan shall be submitted in support of the rezoning application. The preliminary site plan shall include the following:

(1)

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

(2)

With regard to the subject property only:

a.

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

b.

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

c.

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

d.

General extent and character of the proposed landscaping.

e.

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

f.

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

(3)

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

(4)

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

(5)

Twelve copies of preliminary sketches 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.

(6)

Traffic Impact Analysis (TIA). A TIA may be required by the Building Inspector and/or City Administrator whose decision is appealable to the Planning Commission whose decision is appealable to the City Council. In addition, the Planning Commission and 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.

Developments in the I-70, Missouri Highways 5 and 87, and Route B Corridor.

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.

(b)

Review procedure:

(1)

The preliminary site plan submitted with a rezoning application shall contain, at a minimum, that information required by the district regulations, in addition to the filing and submission requirements of this section.

(2)

The Building Inspector shall coordinate the review and analysis of the preliminary site plan application by the City staff. The results of this review shall be compiled by the Building Inspector and reported to the Planning Commission for its consideration. Following review and recommendation by the Commission, the City Council shall review the application. The Council may then either approve, disapprove or conditionally approve the preliminary site plan application.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

(a)

Application for final site plan shall include the following elements:

(1)

Site plan:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

Location of all required building and parking setbacks.

h.

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

i.

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

j.

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

k.

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

l.

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

m.

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

n.

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

o.

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

p.

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

(2)

Building elevations:

a.

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

b.

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

(3)

Landscaping and screening:

a.

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

b.

Notation of all areas to be seeded or sodded.

c.

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

(4)

Traffic Impact Analysis (TIA). A TIA may be required by the City Administrator whose decision is appealable to the Planning Commission whose decision is appealable to the City Council. In addition, the Planning Commission and 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.

Developments in the I-70, Missouri Highways 5 and 87, and Route B Corridor.

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.

(5)

Completion schedule. A schedule for completion of the project as set forth in the final site plan.

(6)

North arrow and scale. All final site 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.

(7)

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

(b)

Review procedure:

(1)

The final site plan shall contain, at a minimum, that information required by the district regulations, in addition to the filing and submission requirements of this section.

(2)

The Building Inspector shall coordinate the review and analysis of the final site plan application by the City staff. The results of this review shall be compiled by the Building Inspector and/or City Administrator and reported to the Planning Commission for its consideration. Following review and recommendation by the Commission, the City Council shall review the application. The Council may then either approve, disapprove or conditionally approve the final site plan application.

(3)

At the applicant's expense, the Building Inspector shall schedule a public hearing on a final site plan, if deviations from an approved preliminary site plan:

a.

Increase density or intensity of residential uses more than five percent,

b.

Increase the floor area of nonresidential buildings by more than ten percent,

c.

Increase by more than five percent the ground covered by buildings,

d.

Increase the number of stories of a building, or

e.

Involve changes that will lead to a different development concept, will create less architectural harmony or quality, or will impose greater loads on streets and neighborhood facilities.

(4)

The Planning Commission and/or the City Administrator shall have the authority to schedule a public hearing on final site plan, if a hearing is not otherwise required. Upon a majority vote of the Planning Commission or the City Council in favor of holding a public hearing, the Building Inspector and/or City Administrator shall schedule a public hearing.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

Preliminary and final site plans shall be evaluated in accordance with the following standards:

(a)

Consistency with the base zoning district and all applicable zoning regulations.

(b)

The project shall be compatible with existing or permitted uses on abutting sites, in terms of building height, building materials, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.

(c)

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

(a)

The City Council shall approve, disapprove, or conditionally approve all preliminary and final site plans. In approving preliminary or final site plan applications, the City Council, after recommendation from the Planning Commission, may vary the standards set forth in the Zoning Ordinance, provided the general intent of the ordinance is carried out. The City Council shall use the requirements and standards found in the base zoning district as a guide and may permit adjustments from these requirements and standards in the interest of efficient land development and utilization if it is deemed that other amenities or conditions will be gained to the extent that an equal or higher quality development is produced. However, use regulations shall not be varied so as to make them less restrictive. Any part of a structure over the maximum allowable height of the base district shall be set back from property lines one additional foot for each additional foot in height.

The requirements of Sections 2.95(c), (d), (e), and (f) may be varied by the City Council if the Council determines that the development complies with the intent of the section. The purpose of such variation is to allow for a variety of architectural designs and innovative site planning that is compatible with the site's existing physical features and surrounding uses. The following guidelines shall be used in said determinations:

(1)

Site planning:

a.

All desirable site features such as healthy existing trees, views, and water should be incorporated in the site plan.

b.

The relationship of the site design to surrounding uses, including setbacks, building heights, parking, open spaces and drives should be considered.

(2)

Architectural design:

a.

The project design should take into account surrounding uses, building materials, style and size.

b.

The building should relate to the site on which they are located taking advantage of all desirable site features.

c.

Unreasonable continuous and unbroken wall planes should be avoided.

d.

Architectural elements or features that create a variety of scale relationships should be included.

e.

Architectural elements or details that are sympathetic to structure on adjoining properties should be included.

(b)

In its review and approval of preliminary and final site plan applications, the Planning Commission may increase the minimum requirements designated in the applicable sections of the zoning code based upon their review of the individual site's topography, the building's orientation in relationship to street right-of-ways and adjoining properties, the building materials used, and the mass and height of the building. The purpose of such increases in the minimum requirements is to minimize any adverse impacts of the proposed development on adjoining or nearby properties and the general community.

(c)

If the Planning Commission imposes conditions or restrictions on a preliminary site plan, it shall designate specific requirements which must be met before an applicant may submit a final site plan application. If the Commission imposes conditions or restrictions on a final site plan, it shall designate specific requirements which must be met before issuance of a building permit. The Planning Commission may delegate to the Building Inspector and/or City Administrator, the authority to determine whether the specifically prescribed conditions have been met by the applicant.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

Preliminary site plan approval by the City Council shall not be valid for a period longer than 24 months from the date it is approved, unless within such period a final site plan application is submitted. The City Council may grant one extension not exceeding 12 months upon written request and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the City Council has the power in such cases to attach new conditions to its re-approval or to disapprove the reapplication. The Building Inspector shall initiate a public notification procedure, at the applicant's expense, if deviations from the approved preliminary site plan:

(a)

Increase the density or intensity of residential uses more than five percent,

(b)

Increase the floor area of each nonresidential building or buildings by more than ten percent or decrease the floor area of each nonresidential building or buildings by more than 50 per cent,

(c)

Result in an increase in the area of land occupied by building(s) by more than five percent,

(d)

Increase the number of stories of a building, or

(e)

Involves changes that will lead to a different development concept, will create less architectural harmony or quality, or will impose greater load on streets and neighborhood facilities.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)

Final site plan approval by the City Council shall not be valid for a period longer than 12 months from the date it is approved, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final site plan completion schedule are obtained in a timely fashion as determined by the City Building Inspector. The City Council may grant one extension not exceeding 12 months upon written request of the original applicant and resubmission of the application if the application as resubmitted is substantially the same as the initially approved application. However, the City Council has the power in such cases to attach new conditions to its reapproval or to disapprove the reapplication.

(Ord. No. 3496, § 1(Exh. A), 6-1-98)