Bowling Green City Zoning Code
ARTICLE IV
Supplementary Regulations
Section 405.360 Non-Residential Height And Area Requirements.
[R.O. 2010 § 405.360; CC 1996 § 405.090; CC 1977 § 42.090; Ord. No. 1105 § X, 5-10-1999]
District | Agricultural | Highway Commercial | Central Business | Industry |
|---|---|---|---|---|
Section | 405.120 | 405.190 | 405.200 | 405.210 |
Maximum Height | ||||
Feet | 35 | 35 | 45 | 45 |
Stories | 2 1/2 | 2 1/2 | 3 | 3 |
Minimum Yard Requirements | ||||
Front | 30 | 30 | — | 30 |
Side | 15 | 8* | — | 8* |
Rear | 30 | 30 | — | 30 |
*Applies only when a commercial or industrial building abuts a residential district. | ||||
Minimum Residential** Lot Area Per Family | ||||
Single | 1 acre | 7,200 sq. ft. | 7,200 sq. ft. | — |
Two | — | 3,600 sq. ft. | 3,600 sq. ft. | — |
Multiple | — | 1,500 sq. ft. | 1,500 sq. ft. | — |
Minimum Residential** Lot Widths | ||||
Single | 150 feet | 60 feet | 60 feet | — |
Two | — | 60 feet | 60 feet | — |
Multiple | — | 60 feet | 60 feet | — |
** Area requirements do not apply to commercial or industrial uses. | ||||
Section 405.370 Additional Height And Area Regulations.
[R.O. 2010 § 405.370; CC 1996 § 405.100; CC 1977 § 42.100; Ord. No. 599 §§ 2 — 3, 12-4-1978; Ord. No. 1014 § I, 6-9-1997]
A.
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet or additional building height above the height limit otherwise provided in the district in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers ornamental towers, spires, wireless towers, grain elevators or necessary mechanical appurtenances are exempt from the height regulations as contained herein.
3.
Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten feet (10) to the alley line. If a garage is located closer than ten feet (10) to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornaments and features which are not to exceed twelve (12) inches.
6.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Administrative Officer for a distance of not more than three and one-half (3 1/2) feet and where the same are so placed as not to obstruct light and ventilation.
8.
An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
9.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
10.
For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided, however, that the open spaces between buildings that are parallel or within forty-five degrees (45°) of being parallel shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- or four-story buildings.
14.
No side yards are required where dwelling units are erected above commercial and industrial structures.
15.
(Reserved)
16.
The required front yard on one (1) street side of a corner lot shall be as established in Sections 405.360 or 405.370(18) of this Code. The front yard requirement on the other street side of a corner lot may be reduced to the side yard requirement for the district in which said lot is, except that the corner of the building nearest the street intersection must be at least twenty (20) feet from one (1) of the street side property lines.
17.
Whenever a lot at the effective date of this Chapter has a width of less than sixty (60) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
18.
The front yards heretofore established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have [with a variation of five (5) feet or less] a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest to the street line.
b.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
(1)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
(2)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
Section 405.380 Off-Street Parking Regulations.
[R.O. 2010 § 405.380; CC 1996 § 405.110; CC 1977 § 42.110]
A.
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%) or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following minimum requirements. These regulations do not apply to the "B-2" district.
1.
Bowling Alley. Five (5) parking spaces for each alley.
2.
Business, Professional Or Public Office Building, Studio, Bank, Medical Or Dental Clinic. Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).
3.
Church. One (1) parking space for each four (4) seats in the main auditorium.
4.
College Or School. One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
5.
Community Center, Library, Museum Or Art Gallery. Two (2) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
6.
Dwellings. One (1) parking space for each dwelling unit.
7.
Hospital, Sanitarium, Home For The Aged Or Similar Institution. One (1) parking space for each four (4) beds.
8.
Hotel. One (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
9.
Manufacturing Or Industrial Establishment, Research Or Testing Laboratory, Creamery, Bottling Plant, Warehouse Or Similar Establishment. One (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
10.
Mortuary Or Funeral Home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.
11.
Private Club Or Lodge. One (1) parking space for every ten (10) members.
12.
Restaurant, Nightclub, Cafe Or Similar Recreation Or Amusement Establishment. One (1) parking space for each one hundred (100) square feet of floor area.
13.
Retail Store Or Personal Service Establishment. One (1) parking space for each two hundred (200) square feet of floor area.
14.
Rooming Or Lodging House. One (1) parking space for each two (2) sleeping rooms.
15.
Sports Arena, Stadium Or Gymnasium (Except School). One (1) parking space for each five (5) seats or seating spaces.
16.
Theater Or Auditorium (Except School). One (1) parking space for each five (5) seats or bench seating spaces.
Section 405.390 Landscaping And Buffering Regulations.
[R.O. 2010 § 405.390; Ord. No. 1387 § I(430.010 — 430.080), 10-20-2003; Ord. No. 1460 § I(430.020), 2-28-2005]
A.
Purpose. This Sections sets out the minimum landscaping and buffering requirements for all new construction and development within the City of Bowling Green, Missouri.
B.
Plans Required — Scope Of Review. All plans submitted in support of a building permit application, except for single-family and two-family dwellings, shall include a landscape and buffering plan that meets the requirements of this Section. All such landscape and buffering plans shall be submitted to and reviewed by the Planning and Zoning Commission after the adjoining property owners have been notified in writing of such hearing to review and consider the following:
1.
Anticipated visual and noise effect of proposed buildings and uses on surrounding, existing buildings and uses;
2.
Effectiveness of proposed screening methods and placement of plantings and materials; and
3.
Seasonal variations associated with proposed plantings and vegetative materials. In appropriate circumstances, the Planning and Zoning Commission shall have authority:
a.
To require substitution of proposed plant species, installation of additional plant materials or of materials of greater size or volume, clustering of plant materials and utilization of other screening and buffering method, including, without limitation, installations of sight-proofed decorative fencing and increasing depth of buffer areas; and
b.
To vary the specific requirements of this Section upon a finding that such variations are necessary to enhance effectiveness of screening and buffering, will promote a more visually pleasing and harmonious result and will achieve the objectives of this Section.
C.
Intent. The purpose of such landscaping is to provide greenery to visually soften paved areas and buildings along with noise abatement, provide shade, give maximum absorption of surface water and generally enhance the quality and appearance over the entire area of the project.
D.
Landscaping. All land areas that are to be unpaved and not covered by buildings shall be brought to finished grade, planted to grass or other ground cover while receiving tree plantings and shrubs in reasonable quantity/size.
E.
Buffers. Right-of-way and transition buffers shall be required to be located along those portions of a project that are adjacent to public rights-of-way and along those portions adjoining lots with a different zoning classification. In the case of modifications or additions to an exiting building or site, buffers shall only be required along those portions of the site that are directly affected by the proposed improvements as determined by the City. The developing property shall always be responsible for providing required right-of-way and transition buffers.
F.
Screening Requirements.
[Ord. No. 1833 § §§1 — 2, 3-20-2017]
1.
When off-street parking areas for six (6) or more vehicles are located within, or adjacent to, a residential district, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous visual screen with a minimum of six (6) feet shall be provided between the parking area and said lot or residential district. Such screen shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening.
2.
When off-street loading areas are located within, or adjacent to, a residential district, and where such loading areas are not entirely screened visually from such lot by an intervening building or structure, a continuous visual screen with a minimum of eight (8) feet shall be provided between the loading area and said lot or residential district. Such screen shall connect a solid fence or masonry wall, a compact evergreen hedge or foliage screening.
G.
Species Mix, Size And Installation. Where required or permitted, trees shall be of ornamental, evergreen or of the large deciduous types, such as oak, maple, ash, hickory or thornless honey locust. Use of the following trees is discouraged and should not be used to satisfy the landscaping or buffering standards of this Section: box elder, soft maple, hackberry, American elm, polar, ailanthus (tree of heaven), willow or mimosa.
1.
In lawn areas or landscaped open space, one (1) shade tree per three thousand (3,000) square feet of such lawn or landscaped open space.
2.
In or adjacent to parking lots, one (1) tree for each ten (10) parking spaces shall be provided.
3.
If islands are provided for landscaping, each island shall be protected by concrete vertical curbs or similar permanent structure, but not less than the size of one (1) parking space and contain one (1) or more shade/ornamental trees, shrubs and/or ground cover.
4.
Medium and large deciduous trees planted shall have a minimum diameter of one and three-fourths (1 3/4) inches measured at a point that is at least six (6) inches above ground level.
5.
Small deciduous and ornamental trees planted shall have a minimum diameter of one and one-half (1 1/2) inches measured at a point that is at least six (6) inches above ground level.
6.
Conifers planted shall have a minimum height of five (5) feet.
7.
All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth.
H.
Maintenance. Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan. The applicant shall be responsible for the following:
1.
Regular maintenance of all landscaping in good condition and in a way that presents a healthy, neat and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. The maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance as needed and in accordance with acceptable horticultural practices.
2.
The repair or replacement of required landscape structures to a structurally sound condition.
Section 405.400 Standards And Requirements For Telecommunication Facilities.
[R.O. 2010 § 405.400; CC 1996 § 405.130; Ord. No. 1375 § I, 9-22-2003]
A.
Purpose And Definitions.
1.
Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C § 332(c)(7), provides that local governments may, pursuant to their inherent zoning authority, regulate the placement, construction and modification of telecommunications facilities, provided that the local government does not unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of telecommunication services.
2.
The City of Bowling Green, Missouri, finds that telecommunications facilities may require large structures or towers, whose height and footprint may not be compatible with adjoining uses.
3.
The City of Bowling Green, Missouri, further finds that the public interest is best served by enacting specific siting regulations that will provide for the placement of telecommunications facilities in areas least likely to negatively affect property.
4.
Purpose. It is the intent of the City of Bowling Green, Missouri, that the provisions of this Section be construed so as to balance the following interests: ensuring the compatibility of proposed facilities with surrounding areas by establishing standards for location, application procedures and requirements, building permit requirements, criteria for review, design standards, variance requests, abandonment, penalties and coordination with the zoning ordinance.
5.
Definitions. For the purpose of this Chapter, the terms mean or include:
ALTERNATIVE ANTENNA SUPPORT STRUCTURES
Manmade trees, clock towers, bell steeples, flag or light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or antenna support structures.
ANTENNA
Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
APPLICANT
Any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.
CO-LOCATION
The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
EQUIPMENT ENCLOSURE
A building or other structure, including, but not limited to, shelters, cabinets or vaults, used to house and/or store equipment used in the operation or maintenance of a telecommunications facility.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GUYED TOWER
Any variety of telecommunications antenna support structure that uses wire guys connecting above grade portions of the structure diagonally with the ground to provide support for the structure, antennas and/or connecting appurtenances.
HEIGHT
The distance measured vertically from the highest point when positioned for operation to the lowest point that is defined as the bottom of the base of the structure being measured at either roof or ground level. The height of a tower shall include the height of any antenna positioned for operation.
LATTICE TOWER
A telecommunications antenna support structure that consists of vertical and horizontal supports and metal crossed strips or bars to support an antenna and connecting appurtenances.
MODIFICATION
The physical changing of any portion of a telecommunications facility from its description in a previously approved permit, including, but not limited to, the mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
(1)
Increases the existing vertical height of the structure by:
(a)
a. More than ten percent (10%); or
(b)
The height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
(2)
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
(3)
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
(4)
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
MONOPOLE TOWER
A telecommunications antenna support structure consisting of a single pole to support an antenna and connecting appurtenances and which is constructed with or without guy wires or ground anchors.
PUBLIC PROPERTY
Any and all property owned or otherwise controlled by the City of Bowling Green.
TELECOMMUNICATIONS ACT
The Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., as now and hereafter amended.
ZONING APPEALS BOARD
The Board of Adjustment of the City of Bowling Green.
B.
Preferred/Disfavored/Prohibited Facility Location Sites.
1.
Preferred Location Sites. Any property zoned for agricultural district "A" and industrial district "I."
a.
Public property sites or structures (excluding City-owned water towers)
b.
Co-location sites.
c.
Industrial sites or structures.
d.
Commercial sites or structures.
2.
Disfavored Location Sites. Any property zoned for medium density multiple-family dwelling district "R-3," high density multiple-family dwelling district "R-4" residential manufactured home park district "RMH" and highway business district "B-1."
3.
Prohibited Location Sites. Any site zoned single-family dwelling district "R-1," two-family dwelling district "R-2," business-residential overlay district "BR" and central business district "B-2" (City-owned water towers).
C.
Application Procedure And Requirements. Application for all construction and/or modification of a telecommunications facility shall be made by permit application/fee prior to the commencement of construction and/or modification. The following information is required for and should be submitted with the application:
1.
Engineering report from a qualified Missouri engineering firm which shall include:
a.
A scaled plan and elevation view, support drawings, location and dimensions of the structure, equipment facilities, topography, radio frequency coverage and tower height requirements.
b.
Documentation of height above grade for potential mounting positions for co-located antennae.
c.
Description of the facility's capacity and power density, including the number and type of antennae that it can accommodate.
d.
Documentation of the structural integrity of the antenna support structure.
2.
Site plan or plans submitted by the applicant showing setbacks, equipment facilities, access to site, adjacent roads, parking, fences, landscaped areas, rights-of-way distances, historical significance and adjacent property uses.
3.
Site landscaping design and maintenance plans.
4.
Applicant shall submit fencing plan.
5.
Applicant must produce a certificate of insurance demonstrating protection against claims in amount not less than one million dollars ($1,000,000.00).
6.
An inventory of existing personal wireless service facilities within the City or within one (1) mile of the City's borders, including specific information about the location, structure height, base elevation above sea level and design of each tower or antenna.
7.
A determination based on sound engineering evidence demonstrating whether the proposed location will provide optimal vs. minimal level of coverage.
8.
A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower.
9.
An estimate detailing the total cost of locating the proposed personal wireless facility. Upon completion of construction and prior to commencing operation, the actual final completed cost shall be certified.
10.
A legal description of the cell site.
11.
Copies of any environmental documents required by all Federal or Missouri agencies.
12.
A statement of the approximate distance between the proposed facilities and the nearest residential property.
13.
Other required information.
a.
Street address, land lot and zoning district.
b.
Applicant's notarized authorization to act on behalf of property owner, if applicable.
c.
Copy of warranty deed of the subject property.
d.
Property owner's notarized certification of ownership and zoning compliance.
e.
Application fee of three hundred fifty dollars ($350.00).
f.
Any information that is required by other Sections of the City's zoning ordinance.
D.
Design Standards And Building Requirements.
1.
Building Codes And Safety Standards. All telecommunications facilities shall be constructed, modified and maintained in compliance with applicable building codes and the standards for such telecommunications facilities that are published by the FCC and FAA.
2.
Regulatory Compliance. All telecommunications facilities shall meet or exceed standards and regulations as may be amended of the FCC and FAA.
3.
Safety Inspections. Every two (2) years after a facility becomes operational, the facility owners/operators shall conduct safety inspections of each antenna and facility in accordance with the Electronic Industries Association and FCC to ensure structural integrity by a qualified engineer licensed to practice in Missouri.
4.
Setbacks. All telecommunications facilities must be set back a minimum of one hundred (100) feet plus one hundred percent (100%) of tower height from the right-of-way and the nearest property line.
5.
Structural Integrity. To ensure the structural integrity of the antenna support structure, the owner shall ensure that the tower withstands a one hundred (100) mph wind, one (1) inch ice load and is maintained in compliance with industry standards.
6.
Height Restrictions. The maximum heights for all telecommunication structures, regardless of zoning classification of the property on which the structure is located, shall be two hundred fifty (250) feet, including lighting rods.
7.
Landscape And Buffer Requirements. Landscaping shall effectively screen the view of the compound area from public rights-of-way, property and residential property. It shall be the responsibility of the facility owner to maintain all landscape and buffer areas.
8.
Security Fencing. All facilities shall be enclosed by decay-resistant security fencing not less than six (6) feet in height and equipped with appropriate anti-climbing devices or other similar protective devices to prevent unauthorized access to the facility.
9.
Lighting. No illumination is permitted on tower facilities unless required by the FAA.
10.
Advertising. No advertising of any kind is permitted on telecommunication facilities.
E.
Building Permit Requirements.
1.
An itemized list of all equipment cost associated with the proposed telecommunications facility.
2.
Written certification from the applicant that the proposed telecommunications facility meets all FAA and FCC standards and regulations.
3.
A building permit fee as set by the Building Inspector of the City.
F.
Criteria For Review.
1.
Determination of whether the applicant is in conformity with the goals set forth in this Chapter by the Planning and Planning and Zoning Commission.
2.
Determination of whether the applicant has cooperated with other telecommunications providers in co-locating additional antennae on antenna support structures and/or on existing buildings.
3.
Determination of whether the applicant meets or exceeds the requirements of this Chapter and the City's zoning ordinance.
4.
A review of all other standards for evaluation by the Planning and Zoning Commission.
G.
Variance Requests Of Board Of Adjustment. The Board of Adjustment shall have authority to consider and recommend approval of an application for a variance in cases that can be shown by applicant to cause special difficulties within the scope of the project. Approval of a request for a variance shall be narrowly construed and shall be based on an evaluation of the operational needs of the telecommunications provider, alternative locations and/or the antenna support structure upon which a proposed antenna might be located and/or the absence of co-location opportunities as shown by the applicant's good faith efforts respecting existing facilities within one-quarter (1/4) mile of the proposed site. Evidence shall demonstrate that no practical alternative is reasonably available to the applicant as balanced against any detrimental effect on the surrounding properties.
[Ord. No. 1833 §§ 1 — 2, 3-20-2017]
H.
Abandonment And Penalty. A telecommunications facility may be determined to be abandoned because of discontinued use or falling into disrepair or non-compliance with standards set forth in this Chapter and the Zoning Code of the City. The City may seek to have the abandoned telecommunications facility removed regardless of the owner/operator's intent to operate the facility and regardless of any permits, Federal, State or otherwise, which may have been granted.
1.
Abandonment. Any telecommunications facility not operated for a continuous period of twelve (12) months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it.
2.
Removal. The owner/operator of a telecommunications facility and the owner of the property where the facility is located, if not public property, shall jointly and severally be under a duty to remove the abandoned telecommunications facility.
3.
Remedies For Abandonment. If such facility is not removed within sixty (60) days of receipt of removal notice from the City, the City may remove such facility and place a lien upon the property for the cost of removal and the City may pursue any and all legal remedies available to it to ensure that abandoned telecommunications facility are removed and to recover all costs associated with the removal.
I.
Coordination With Zoning Ordinance. Notwithstanding any provision of the ordinance to the contrary, no conditional use permit, building permit or variance granted under this Section shall be transferable from the individual and/or entity to whom said permit or variance was granted at any time prior to the completion of the telecommunications facility for which said conditional use permit or variance was granted.
Section 405.410 Adult-Oriented Businesses.
[R.O. 2010 § 405.410; Ord. No. 1833 § §§1 — 2, 3-20-2017]
A.
Adult Business. Any business enterprise which:
1.
Has as a primary business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specific anatomical areas; or
2.
That has one (1) of the following as a primary business purpose:
a.
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;
b.
The providing of non-medical services related to specified sexual activities or specified anatomical areas.
B.
Adult business also includes, but is not limited to, any and all of the following, defined herein:
1.
Any of the following businesses offering goods for sale or rent:
a.
Adult Retail Establishment. An establishment which, as a primary business purpose, offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities, or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.
b.
Adult Bookstore. An establishment which, as a primary business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films, videotapes, CDs, laser disks, or any form of visual representation which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
c.
Adult Media Outlet. An establishment that has, as a primary business purpose, the rental, sale or offering for viewing off-premises or other use of any adult media.
d.
Adult Newsrack. 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.
e.
Adult Newsstand. A freestanding structure, vehicle or booth which, as a primary business purpose, offers for sale books, magazines, periodicals or other printed matter, which are distinguished or characterized by their emphasis on matter depicting or describing or relating to specified sexual activity or specified anatomical areas.
2.
Any of the following businesses providing entertainment:
a.
Adult Entertainment Business. Any enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.
b.
Adult Motion Picture Theater. An establishment containing a room with seats facing a screen or projection areas where the business is the exhibition to customers of films, videotapes, slides or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
c.
Adult Theater. An establishment located in an enclosed building where the business is providing live performance of activities relating to specified sexual activities or specified anatomical areas of live performers, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered, from observation by customers and patrons.
d.
Adult Entertainment Cabaret. An establishment in which the business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers, or live performances; or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.
e.
Adult Entertainment Studio. An establishment whose premises is physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and in which the business is providing entertainment which features materials or live performances characterized by an emphasis on or relating to specified sexual activities or the exhibition of specified anatomical areas, provided that the genitals and pubic area or all persons and the areola and nipple of the breast of all female persons are opaquely covered.
f.
Adult Encounter Parlor. An establishment in which the business is the providing of premises where customers congregate, associate, or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual gratification or stimulation to such customers, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.
g.
Body Painting Studios. An establishment in which the business is maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displayed for the customer's view of specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.
h.
Adult Arcade. An establishment, or that part of an establishment, which regularly features or otherwise offers to customers, in a viewing area which is designed for occupancy by no more than one (1) person, any live, filmed or videotaped exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear in such attire, costume or clothing so as to expose to view specified anatomical areas, provided that the genitals and public area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.
i.
Exotic Dance Facility. Any building, structure or facility which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to observe specified anatomical areas, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered.
j.
Nude Modeling Agency. An establishment in the business of offering for compensation the viewing of the human body when the subject's body is displayed for the customers to view specified anatomical areas. This does not apply to certified state licensed schools where persons are enrolled in classes.
3.
Any of the following businesses that provide services:
a.
Bathhouse. An enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.
4.
As set forth herein the following words shall have the meanings that follow:
a.
Adult Entertainment. Any live exhibition, performance or dance characterized to expose any specified anatomical area, provided that the genitals and pubic area of all persons and the areola and nipple of the breast of all female persons are opaquely covered, or by specified sexual activities, or by appearance of persons in attire, costume or clothing so as to emphasize or expose through opaque clothing, the view to specified anatomical areas.
b.
Specified anatomical areas shall include:
(1)
Less than completely and opaquely covered human genitals, pubic region, buttocks, female breast or breasts below a point immediately above the top of the areola; and
(2)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
c.
Specified sexual activities shall include actual or simulated acts of masturbation, sexual intercourse, deviate sexual intercourse, physical contact with a persons clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of actual or apparent sexual stimulation or gratification, any actual or simulated acts of sadomasochistic abuse, or the use of animals or inanimate objects in acts of actual or apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.
d.
Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernibly turgid state.
C.
Adult business by conditional use permit only as follows:
1.
Adult Business By Conditional Use Permit. Adult businesses can only be located on parcels of land zoned "I" Industrial District, and only as a conditional use subject to reapproval and conditions of the Board of Aldermen following the lawful hearing process.
2.
Adult business establishments are hereby acknowledged to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent property. It is the intent of these zoning regulations to provide for the confinement of adult business establishments to the industrial zoned areas in which these special impacts are judged to be the least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult businesses shall not be permitted to locate within one thousand two hundred (1,200) feet of each other, so that their operational features may not establish the dominant character of any industrial or transitional area.
These zoning regulations are further intended to protect and balance lawful rights of expressions with other lawful rights of the enjoyment and use of property. Adult business uses are determined to have serious objectionable operational characteristics, particularly if several such uses are concentrated, thereby having a deleterious effect upon adjacent areas, and therefore potentially contributing to the blight and degradation of the surrounding neighborhood. A conditional use regulation of adult business establishments is determined to be necessary in order to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhoods, whether residential or non-residential, by location or concentration, and to ensure the stability of such neighborhoods. |
3.
Notwithstanding anything to the contrary contained herein, no adult business shall be located closer than one thousand two hundred (1,200) feet of any residential or commercially zoned district.
4.
No adult business establishment shall be permitted within one thousand two hundred (1,200) feet of any religious institution, school, City government building, public park or licensed child-care center.
5.
All such distances shall be measured in a straight line without regard to intervening properties from the closest exterior structure wall of the adult business to the closest property line of the religious institution, school, City government building, public park or property zoned for residential or commercial use.
6.
No adult business shall be allowed to locate or to expand within one thousand two hundred (1,200) feet of any other adult business or within one thousand two hundred (1,200) feet of any other business licensed to sell or serve alcoholic beverages, whether or not such business is also an adult business as defined in this Section. The distance between any two (2) 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.
7.
The property on which such adult business is located shall have the street frontage requirements as set forth in zoning code or any amendments thereto.
8.
The property on which the adult business is located, if permitted by conditional use, can be required to be screened by a solid masonry wall, at least six (6) feet in height along all interior property lines if required by the Planning and Planning and Zoning Commission or the Board of Aldermen, and approved by the Board of Aldermen as a conditional use condition.
9.
The lot on which said adult business is located shall have a front yard setback of thirty (30) feet, a minimum side yard setback of eight (8) feet, and a minimum depth for the rear yard of thirty (30) feet.
10.
All parking requirements shall conform to all other provisions contained within the Code of Ordinances of the City of Bowling Green, including the Zoning Code.
11.
The facility in which the adult business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facility by any pedestrian from any sidewalk, walkway, street or other public area. No adult business shall take place partially or totally outside the structure of the adult business for which it is licensed.
12.
The facility in which the adult business is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length not to exceed a total of fifty (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. No flashing lights and/or lighting which leave the impression of motion or movement shall be permitted.
13.
No merchandise or pictures or products, services or entertainment offered or provided on the premises shall be displayed on the exterior of the building or premises.
14.
Lighting for the parking area must be maintained and provided at a minimum light level of twenty-five hundredths (0.25) footcandles over the entire parking area; but in no point shall the light level exceed three (3) footcandles, nor shall any increase in light levels or visible glare be permitted beyond the lot line.
15.
The facility in which such adult business is located shall not be in operation any time after 1:00 a.m. or prior to 9:00 a.m., except on Sundays, when such business shall not be in operation from 1:00 a.m. until 12:00 Noon.
16.
Further conditions may be placed on the premises in granting the conditional use by the Planning and Planning and Zoning Commission or the Board of Aldermen and approved by the Board of Aldermen.
17.
Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult business.
18.
The interior premises of all adult businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) footcandle as measured at the floor level and such illumination must be maintained all times that any customer or patron is present in or about the premises.
19.
The premises of an adult business shall be physically arranged in such a manner that the entire interior portions of any booths, cubicles, rooms or stalls are visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.
20.
The premises of an adult business shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
21.
No cubicle or room or booth used for the purpose of private viewing of movies, videos, films, or pictures shall be occupied at one (1) time by more than one (1) person.
22.
In any adult business granted a conditional use permit, live nudity shall be prohibited. No person shall be permitted to appear live in any adult business in a state of nudity as defined in this Code.
23.
All applications for conditional use permits for adult business shall require the submission of an accompanying site plan. The site plan shall include, as a minimum, the following information:
a.
Proposed use and general description of proposed development.
b.
A survey by a registered land surveyor, showing property boundary lines and dimensions; all easements, roadways, rail lines, public rights-of-way and any part of which cross, are adjacent to, and/or affect the subject property, or an appropriate substitute to be determined at the discretion of the Administrative Officer.
c.
If easements are necessary, evidence that these can be obtained.
d.
Approximate North arrow and scale.
e.
Zoning classification and present use, if any, of the subject property.
f.
General location and approximate dimensions of all vehicular and pedestrian circulation elements, including streets, driveways, entrances, curb cuts, parking and loading areas, and sidewalks, including slope and gradient of vehicular elements.
g.
Location and size of existing public water and sewer utilities, electric and gas, on or adjacent to the site, and location of fire hydrants.
h.
Copies of all requisite State and Federal permits.
i.
Location, size, use and arrangements with all proposed buildings and computations showing height in stories and feet, floor area ratio, total floor area, total square feet of ground area covering of proposed and existing buildings which will remain, if any, and building separations.
j.
A stormwater management plan in compliance with the City of Bowling Green, Missouri, Municipal Code.
k.
Location, size and arrangement of all proposed exterior signage.
l.
A landscape and buffer zone plan and drawings of any proposed screening or buffer plantings and types of materials or plantings used.
m.
A soil erosion control plan for the period during which construction will be taking place and after construction is complete.
n.
Title block with the proposed name of the development; names, address and telephone number of the property owners, date prepared and tract designation.
o.
Lot dimensions for all proposed lots and gross acreage of each lot, exclusive of the public right-of-way.
p.
In order to ensure architectural compatibility within non-residential and certain residentially zoned areas, the Planning and Zoning Commission shall require architectural drawings and profiles to accompany site plans.
q.
Any other pertinent information required by the Administrative Officer and/or the Planning and Zoning Commission.
Section 405.420 Recreational Vehicles, Boats And Trailers.
[R.O. 2010 § 405.420; Ord. No. 1833 § §§1 — 2, 3-20-2017]
Recreational vehicles, boats or trailers of any kind or type shall be parked only upon private property and not on the public thoroughfares of the City of Bowling Green.
