(a)

Purpose. Table 94-60.1 lists the uses allowed within all base zoning districts. All uses are defined in this chapter as well as additional standards for specific uses. Approval of a use listed in Table 94-60.1 and compliance with the applicable use-specific standards for that use authorizes that use only. Development or use of a property for any other use not specifically allowed as a permitted or as a special use in Table 94-60.1 is prohibited unless the use is classified by the planning and development director pursuant to subsection (e), below.

(b)

Explanation of table abbreviations.

(1)

Permitted by-right uses. /P/ in a cell indicates that the use is permitted by right in the zone district. Permitted uses are subject to all other applicable regulations of this Code, including the use-specific standards in this chapter.

(2)

Special uses. /S/ in a cell indicates that the use is allowed in the zone district only if reviewed and approved as a special use in accordance with the procedures of this chapter. Special uses are subject to all other applicable regulations of this Code, including the use-specific standards in this chapter.

(3)

Prohibited uses. A blank cell indicates that the use is prohibited in the zone district.

(c)

Use-specific standards. Regardless of whether a use is allowed by right, or as a special use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the Table 94-60.1. Cross-references refer to the use-specific standards in this chapter and they apply in all districts unless otherwise specified.

(d)

Table organization. In Table 94-60.1, land uses and activities are classified into general "use categories" and specific "use types" based on common functional, product or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool, and are not regulatory.

(e)

Classification of new and unlisted uses. The city recognizes that new types of land use will develop, and forms of land use not anticipated in this Code may seek to locate in the city. When application is made for a use category, or use type that is not specifically listed in Table 94-60.1, the planning and development director shall make a determination as to the appropriate classification of any new or unlisted form of land use in the following manner:

(1)

The planning and development director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this chapter.

(2)

When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the planning and development director is authorized to determine the most similar, and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this section. In making such determinations, the planning and development director must consider:

a.

The types of activities that will occur in conjunction with the use;

b.

The types of equipment and processes to be used;

c.

The existence, number and frequency of residents, customers or employees;

d.

Parking demands associated with the use; and

e.

Other factors deemed relevant to a use determination.

(3)

If a use can reasonably be classified in multiple categories, subcategories or specific use types, the planning and development director must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate fit.

(4)

If the planning and development director is unable to determine the appropriate use category for a proposed use, the planning and development director is authorized to submit the request to the planning commission for review and determination. The planning and development director shall hold permits and certificates for occupancy of the proposed use pending planning commission determination.

Table 94-60.1 Permitted Uses

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2018-0195, § 2, 12-11-2018; Ord. No. 2019-0021, § 2, 2-26-2019; Ord. No. 2019-0027, § 2, 3-12-2019; Ord. No. 2019-0028, § 2, 3-12-2019; Ord. No. 2019-0107, § 2, 8-27-2019; Ord. No. 2019-0212, § 2, 12-10-2019; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2020-0155, § 2, 11-10-2020; Ord. No. 2021-0025, § 2, 3-9-2021; Ord. No. 2021-0101, § 2, 9-14-2021; Ord. No. 2023-0074, § 2, 7-11-2023; Ord. No. 2023-0081, § 2, 8-8-2023; Ord. No. 2024-0020, § 2, 3-12-2024; Ord. No. 2024-0021, § 2, 3-12-2024; Ord. No. 2024-0043, § 2, 5-14-2024; Ord. No. 2024-0071, § 2, 8-13-2024; Ord. No. 2024-0086, § 2, 10-8-2024)

(a)

Generally applicable standards. The following standards are applicable to all uses and structures:

(1)

No structure shall be erected or structurally altered for use, nor shall any structure or land be used, or changed in use, which does not comply with all of the district regulations established by the title for the district in which the structure or land is located.

(2)

No building, or any addition thereto, shall be erected over or under any public sewer or public utility lines, nor upon any platted or recorded easement, unless permission is granted, in writing, by the city or the public utility whose lines are involved.

(3)

Unless otherwise approved as a special event or a temporary use pursuant to this chapter, no portable platforms, tables, stands or other such temporary structures or fabrications shall be erected in any district for the purpose of establishing a business, and no vehicles shall be used for a like purpose unless classified as a food truck.

(b)

Residential uses.

(1)

Home occupations. The intent of this section is to allow low-intensity home occupations that are clearly incidental and secondary to the primary residential use of the property, and that are conducted in a limited manner which creates little exterior indication of the activity, and which does not create a nuisance or otherwise adversely impact adjacent properties or the residential character of the neighborhood.

a.

Exemptions. Yard/garage sales and a home day care shall not be classified as home occupations when operating in compliance with all ordinances and regulations in connection with such use.

b.

Registration or special use permit required.

(i)

All home occupations shall be required to register upon forms prepared by the planning and development director for the purpose, and shall include a description of the nature and extent of the activity. The applicant shall sign the form verifying that the activity will be conducted in compliance with the standards of operation set out below.

(ii)

Home occupations that are not identified as permitted home occupation uses in this section may be allowed subject to the issuance of a special use permit. The conditions approval and use of special use home occupations are identified in the special use section of this chapter.

(iii)

Approval of a home occupation, whether by registration or by special use permit, shall be limited to one year, provided that such approval shall automatically be extended in one-year increments, based on the anniversary date of the approval, unless a request for review is received prior to the anniversary date. A written request for review may be submitted by any person affected by the home occupation; by the planning and development director, the board or planning commission.

(iv)

Whenever there are questions, or there is uncertainty regarding conformance with the intent or requirements of all regulations regarding home occupations, the planning and development director may forward the home occupation to the planning commission for review.

c.

Application/inspection. A request for registration or for approval of a special use permit for a home occupation shall constitute the applicant's agreement to allow, upon reasonable request, the inspection of the premises to the extent necessary to determine compliance and compatibility with these regulations. The planning and development director may inspect a premises suspected of violations for the purpose of determining compliance with these regulations. The refusal to allow inspection upon reasonable request shall be an indication of a failure to comply with the terms of this section. A presumption shall therefore exist that there are violations and appropriate enforcement action to terminate the activity may be taken.

d.

Permitted home occupations. The following uses shall require registration, but shall not require approval as a special use permit, provided that full compliance with all standards of operation stated above is required, except as modified herein:

(i)

Home office: An office for the clerical and administrative purposes of receiving mail and telephone calls, maintaining records, and similar functions.

(ii)

Off-site sales offices: An office for direct sales distribution (Amway, Avon, Tupperware, etc.), for manufacturer's representatives, and other similar activities provided that all sales are conducted off-site, and that storage and deliveries do not exceed the limitations within this section.

(iii)

Off-site services offices: An office for services provided off-site, including but not limited to such activities as house cleaning service, yard/garden service, locksmiths, appliance repair, contractors, and similar activities, provided that all services are provided off-site, that storage does not exceed the limitations within this section, that no other employees regularly visit the premises, and that no more than one commercial vehicle is parked at the residence on a regular basis.

(iv)

Professional services: An office/studio for engineers, drafting and similar services provided that client consultation is conducted off-site.

(v)

Home instruction: Individual tutoring or lessons in art, dance, music, swimming or similar activities are permitted, provided that a maximum of six students per day shall be permitted at the premises.

(vi)

Home arts/crafts: The preparation of small arts/crafts items for off-site display and sale, including ceramics with a maximum kiln size of six cubic feet and including dressmaking/sewing with a maximum of three machines, shall be permitted, provided that all ordering, fittings, and deliveries are conducted off-site. The preparation or creation of larger items requiring frequent delivery of materials, movement by vehicles other than passenger vehicles, larger or noisier equipment, or storage does not exceed the limitations within this section.

e.

Standards of operation. All home occupations, including those approved by special use permit, shall comply with the following performance standards and limitations, except as specifically modified herein:

(i)

Employees: No person other than an occupant of the residence shall be engaged in the home occupation at the residence, or shall visit the residence on a regular basis. No more than three occupants at a residence shall be engaged in home occupations.

(ii)

Space and location: The maximum area used for the home occupation shall not be greater than 25 percent of the living area of the residence; 500 square feet, including storage areas; or two rooms.

(iii)

Storage: The total area used exclusively for storage shall be no larger than 150 cubic feet. Outside storage in conjunction with a home occupation shall be prohibited.

(iv)

Alterations: No alterations of the residential appearance of the property for business purposes, such as the creation of a separate entrance, shall be permitted.

(v)

Equipment: The installation, storage or use of any equipment or machinery not normally found in a household or general office shall be prohibited.

(vi)

Sales and display: Direct, on-site sales, retail or wholesale, and the display of goods or products on the premises shall be prohibited.

(vii)

Nuisances: The creation of noise, odors, vibrations, glare, fumes or electrical interference which is detectable to normal sensory perception outside the structure shall be prohibited.

(viii)

Deliveries: No deliveries related to the conduct of the home occupation shall be permitted by vehicles of more than two axles.

(ix)

Traffic: Home occupations shall not involve the regular visits of clients, other employees, or any other persons to the residence due to the conduct of the home occupation.

(x)

Advertising/signs: Home occupations are permitted one on-premises wall sign for each side of the home that faces a public street. The sign shall be no more than three square feet, and shall not be illuminated.

(xi)

Vehicles: Vehicles supporting the home business must be parked in the driveway and not on the street. This includes vehicles such as taxi cabs, day care vans, catering trucks or locksmith trucks.

(2)

Dwelling, live/work.

a.

The business owner, and the resident's occupant in the residential portion of the live-work unit, must be the same person.

b.

In the Downtown District, the residential living portion of the live/work unit is not permitted on the first floor.

c.

The nonresidential portion of a live-work unit may be only a commercial retail, office, personal services or professional services and counseling activity as defined in these regulations.

d.

Hours of operation for nonresidential use. The nonresidential portion of the use shall not operate between the hours of 11:00 p.m. and 6:00 a.m.

e.

Multiple units. Multiple live-work units may be located on a block face only if developed as a contiguous group with one unit located on a corner lot, and with no more than five units in the group.

f.

No drive-through activity. The use shall not include a drive-through component.

(3)

Manufactured homes.

a.

New manufactured homes may be placed on any individual lot within a city approved mobile home community or an agricultural zoning district through the issuance of a special use permit, with the following restrictions and regulations:

(i)

Manufactured homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.

(ii)

Each manufactured home placed on an individual lot shall:

1.

Be occupied only as a single-family dwelling or business unit.

2.

Be placed in conformance with all zoning and setback requirements established for the district in which located.

3.

Accessory structures shall be placed in conformance with the setback and dimensional requirements established for the district in which located. The exterior covering and roofing material of the accessory structure must be the same as that of the dwelling unit.

4.

Have a minimum width of not less than 24 foundation feet as measured at all points perpendicular to the length of the manufactured home which shall be not less than 42 foundation feet. This standard is intended to restrict units to the type which are brought to the site in parts, typically two halves and at least 1,008 square feet minimum.

5.

Roof must be a gable, hip or shed roof of at least three in 12 or greater, and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass or metal roofs; except for permitted deck areas, all roof structures shall provide an eave projection of no less than six inches and no greater than 30 inches.

6.

Have the main entry door facing the street on which the manufactured home is located. A sidewalk shall be installed from the street, driveway or sidewalk adjoining neighboring lots to the front door. The unit must be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so the narrow dimension of the unit, as so modified and facing the street, is no less than 50 percent of the unit's long dimension.

7.

Have exterior surface and window treatments that are architecturally compatible with those of neighboring properties, excluding smooth, ribbed or corrugated metal or plastic panels.

8.

Meet applicable off-street parking requirements.

9.

Be placed on a parcel according to approved, pre-submitted building permit, and have a manufacturer's installation manual and an illustration of the finished appearance of the unit.

10.

Units shall be attached to a continuous permanent foundation, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.

11.

The exterior foundation material shall consist of continuous concrete or masonry suitable for the outer portion of a finished residence.

12.

Have the tongue and running gear, including axles, removed.

13.

Maintain a minimum of 18 inches of crawl space under the entire manufactured home.

14.

Have permanent steps set at all exits.

15.

Be served by a water supply and sewage disposal system meeting the established city requirements.

16.

Underground public utilities shall be required.

b.

Pre-owned manufactured homes. Pre-owned manufactured homes may not be moved onto an individual lot within the city.

(4)

Congregate care/senior living.

a.

The maximum number of dwelling units shall comply with the zone district in which the facility is located.

b.

Private open space shall be provided as follows:

(i)

Ground level units shall be provided a minimum of 100 square feet of private yard with a minimum interior dimension of ten feet.

(ii)

Upper level units shall be provided a minimum of 70 square feet balcony, with a minimum dimension on at least one side of eight feet.

(5)

Group homes.

a.

Group homes shall comply with the requirements found in the Missouri Statutes and regulations for group homes.

b.

Group homes shall not be located closer than 1,320 feet from another group home, shall be used exclusively for no more than eight persons, and shall be in compliance with all city, state and federal building, health, safety and fire code provisions.

c.

Reasonable accommodation by city administrator. In consideration of the requirement of the Federal Fair Housing Act ("FHA") (42 U.S.C. § 3601 et seq.) that local governments make reasonable accommodations in order to permit housing for persons with disabilities, the city administrator, in consultation with the city attorney, is authorized to approve minor modifications of building setbacks, height, lot coverage or occupancy limits in order to provide reasonable accommodation for group homes without the need for an additional hearing. The city administrator may approve a reasonable accommodation other than that requested by the applicant if the city administrator concludes that an alternative accommodation would have fewer impacts on adjacent neighborhoods. The decision of the city administrator regarding a FHA application for a reasonable accommodation shall contain written findings of fact as to the need for the accommodation and the authority to approve the requested accommodation.

(6)

Shelter care facility.

a.

Physical characteristics. All shelter facilities shall meet the following requirements:

(i)

Compliance with applicable state and local housing, building and fire code requirements.

(ii)

The facility shall have on-site security during all hours when the shelter is open.

(iii)

Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

(iv)

Facilities shall provide secure areas for personal property.

(v)

If the emergency shelter is proposed in conjunction with a religious facility, the area utilized for emergency shelter facilities may not exceed 50 percent of the total floor area used for the religious facility.

(vi)

Where a day care facility, elementary school or middle school is operated on the same site as an emergency shelter, the day care and school facilities must be separated from the emergency shelter facilities by means to prevent access from one facility to the other.

b.

Limited number of beds per facility.

(i)

Shelter facilities accessory to a religious facility shall not exceed 20 beds.

(ii)

All other shelter facilities shall not exceed 40 beds.

c.

Limited terms of stay. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period.

d.

Parking. The shelter facility shall provide on-site parking at a rate of two spaces per facility for staff, plus one space per four beds allowed at the maximum capacity. The planning and development director may reduce or waive this requirement where on-street parking is reasonably available.

e.

Shelter facility management. A management plan is required for all shelters to address management experience, good neighbor issues, transportation, client supervision, client services and food services. Such plan shall be submitted to, and approved by, the planning and development director prior to operation of the shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter. The operator of each shelter shall annually submit the management plan to the planning and development director with updated information for review and approval.

(c)

Civic and institutional uses.

(1)

Cultural institutions. In all residential zone districts, the use shall abut an arterial street. Cultural institutions are permitted to have gift and coffee shops as accessory uses.

(2)

Public service facilities. In all residential zone districts, the use shall abut an arterial street.

(3)

Religious assembly.

a.

Accessory uses.

(i)

Uses accessory to the religious assembly shall meet the standards applicable to the use as if the use is a principal use.

(ii)

Uses accessory to a religious assembly use in a residential district, other than shelter facilities, may only operate between 7:00 a.m. and 10:00 p.m. by right; and between 10:00 p.m. and 7:00 a.m. subject to a special use permit.

b.

Parking and access.

(i)

Parking for the religious assembly use, and any accessory use, shall be for the use that has the greatest parking requirement.

(ii)

Access shall be provided as follows: 1—200 seats shall have access from local or residential streets; 201—1,000 seats shall have access from a collector street or higher; 1,001 seats and over shall have access from an arterial street.

(4)

Family day care home. A family day care home may be allowed as follows:

a.

State and local licensing requirements are met, including those pertaining to building, fire safety and health codes.

b.

Parcel size, building size, setbacks and parcel coverage conform to those applicable to the zoning district.

c.

One off-street parking space is provided for each nonresident or nonfamily member employee in addition to the two spaces per single-family or duplex unit required. The residential driveway is acceptable for this purpose.

d.

If located on a major arterial street, an off-street drop-off/pickup area, approved by the public works director, must be provided.

e.

Signage, if any, conforms to the requirements of the zoning district.

f.

No structural or decorative alteration that will alter the single-family character of an existing residential structure, or be incompatible with surrounding residences, is permitted.

g.

A family day care home may provide care for no more than ten children.

(5)

Group day care home and child care center. A group day care home and child care center may be allowed as follows:

a.

Limitation in use of family residence. No group day care home and child care center shall be located in a private family residence unless the portion of the residence where the children have access is used exclusively for children during the hours the center is in operation, or is separate from the usual living quarters of the family.

b.

A group day care home and child care center is permitted subject to the following restrictions:

(i)

State and local licensing standards and requirements are met.

(ii)

Parcel size, building size, setbacks, screening and landscaping shall conform to the zoning district.

(iii)

Structure shall meet building, sanitation, health, traffic safety and fire safety code requirements.

(iv)

A minimum of one off-street parking space shall be provided for each employee, plus an off-street drop-off/pickup area, as approved by the public works director. An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be provided and approved by the public works director.

(v)

Signage, if any, conforms to the requirements of the zoning district.

(vi)

A solid fence at least six feet high must be installed along each side yard and rear yard parcel line.

(vii)

No structured area for active play or play structures may be located in a front yard, or within ten feet of a side or rear parcel line.

(viii)

The site must be landscaped in a manner compatible with adjacent residences, as approved by the planning and development director.

(ix)

No structural or decorative alteration that will alter the residential character of an existing residential structure used for a group day care home or a child care center is permitted. Any new or remodeled structure must be designated to be compatible with the residential character of the surrounding neighborhood.

(x)

A group day care home or a child care center shall not be located within 300 feet of another group day care home or a child care center, excluding any day care that is an accessory use in a license-exempt facility.

(6)

Schools. All uses under the educational facilities category in Table 94-60.1 shall have their principal vehicular entrance and exit on an arterial or collector street; vehicular ingress and egress to local streets is prohibited.

(7)

Hospital.

a.

The application shall be accompanied by written proof that the proposal meets all federal, state and county regulations.

b.

A minimum of 25 percent of the net lot area shall be provided in open space.

c.

A minimum of three-fourths of the total open space requirement shall be provided as frontage open space to provide a setting for the building, visual continuity within the community, and a variety of spaces in the streetscape. The frontage open space shall not be required to exceed 50 square feet per one foot of public street frontage and shall not be less than 30 square feet per one foot of public street frontage.

d.

The remainder of the required open space shall be provided in common open space.

e.

When the height of the building exceeds 50 feet, the following yard requirements shall apply:

(i)

A side or rear yard of not less than 100 feet shall be maintained where the side or rear of the lot abuts a Low Density Residential District, or abuts an alley that is adjacent to a Low Density Residential District. The 100 feet may include the width of the alley.

(ii)

A side or rear yard of not less than 75 feet shall be maintained where the side or rear of the lot abuts a High Density Residential District, or abuts an alley that is adjacent to a High Density Residential District. The 75 feet may include the width of the alley.

f.

Pedestrian entrances shall:

(i)

Be clearly distinctive from the remainder of the building, and be readily visible from the public street; and

(ii)

Include an extended foundation base to provide a patient drop-off area of a minimum 900 square feet, extending a minimum 20-foot measured perpendicular from the patient entrance door.

g.

Heliports shall be located in a manner to minimize the noise impacts on abutting residential uses, according to the following preferences:

(i)

First preference: Ground on side of building opposite any abutting residential areas.

(ii)

Second preference: Roof level of building less than the highest point on side of building away from residential areas.

(iii)

Third preference: Roof at top of building.

h.

Liquid oxygen and other similar materials stored outdoors and in bulk shall be screened from ground-level view by the building, screen wall or screen walls in combination with landscape materials.

(8)

Community gardens.

a.

Location.

(i)

Community gardens shall not be located on designated or dedicated park or open space land without approval from the planning commission. Exceptions may be granted for park or open space land that does not contain sensitive habitat and is not contiguous to open space land with sensitive habitat.

(ii)

Community gardens shall be located in areas that receive adequate sunlight for the intended purpose without the removal or excessive trimming of trees.

b.

Use standards.

(i)

The site shall be designed and maintained so that water and fertilizer will not drain to adjacent property.

(ii)

A minimum three-foot wide, clearly marked entrance path shall be provided from the public right-of-way to the garden.

(iii)

Community gardens shall be located on land that is level enough to support the intended use and meet all Americans with Disabilities Act requirements without the use of retaining walls that exceed three feet in height.

(iv)

Unless permitted by the underlying zoning district, or approved as a special use, on-site sale of community garden products is prohibited except when permitted as an approved temporary use.

(v)

Lawn and garden equipment of the type customarily used by consumers for household lawn and garden care is the only type of motorized equipment allowed. The use of motorized equipment is restricted to hours beginning at 7:00 a.m. and ending at 9:00 p.m.

(vi)

An on-site trash storage container must be provided and located as close as practicable to the rear lot line. Compost bins or piles must also be located as close as practicable to the rear lot line. Trash must be removed from the site at least once a week.

(vii)

The keeping of animals is prohibited.

(viii)

The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed and, in any instance, no later than November 15 of each year.

(ix)

Within a residential zoning district, operating hours for community garden activities are restricted to between 5:00 a.m. and 11:00 p.m. daily.

(x)

Customary accessory uses are regulated in the accessory use section.

c.

Signs. Community gardens in residential zones shall be restricted to one, nonilluminated identification sign not exceeding eight square feet and eight feet in height, and set back a minimum of five feet from the front and side property lines. In all other zoning districts, signs shall comply with the permanent sign standards the applicable zoning district

(d)

Utility uses.

(1)

Small wireless facility. Small wireless facilities shall comply with the following standards:

a.

Each wireless provider's antenna must fit within an enclosure of no more than six cubic feet in volume; and

b.

All other equipment associated with the wireless facility, whether ground- or pole-mounted, must cumulatively be no more than 28 cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine cubic feet in volume; and no single piece of ground-mounted equipment shall exceed 15 cubic feet in volume, exclusive of equipment required by an electric utility to power the small wireless facility.

c.

The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services.

(e)

Commercial uses.

(1)

Animal sales and services with outdoor facilities. Any outdoor activity areas such as kennels, runs or exercise areas shall be subject to the following:

a.

General requirements. The facilities shall:

(i)

Only be used between the hours of 7:00 a.m. and 10:00 p.m.;

(ii)

Be supervised by qualified personnel;

(iii)

Be located at least 300 feet from any residential zone;

(iv)

Not cause loud and incessant noise or fouling of the air by odor thereby creating annoyance or discomfort to the neighbors or others in close proximity;

(v)

Not foster an excessive number of flies or other insects; and

(vi)

Not otherwise cause any unsanitary conditions in the enclosure(s) or the surroundings where the animals are kept.

b.

Kennel.

(i)

All facilities, including pens, kennels, cages and exercise runs, in the CC District shall be maintained within a completely enclosed, soundproof building so that, to the maximum extent feasible, noise and odor are not detectable offpremises.

(ii)

Facilities in the A District may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within 1,000 feet of any residential district.

c.

Veterinary services (with outdoor facilities).

(i)

Facilities in the A District may have outdoor facilities, including runs and exercise areas, but such facilities must not be located within 1,000 feet of any residential district.

(2)

Amusement parlor/arcade.

a.

Primary or accessory use. Shall be a primary use when no other primary use exists on a premises, or an accessory use when a primary use does exist on a premises. Standards for amusement parlors/arcades as accessory uses are provided in the accessory use regulations section.

b.

Standards for primary use.

(i)

There shall be permitted one video/amusement machine for each 15 square feet of public floor space, including the space occupied by the machine.

(ii)

No arcade shall be located within a 1,000-foot radius to any public or private grade school (grades K—12).

(3)

Theater. Shall take access from an arterial or higher street classification.

(4)

Microbrewery.

a.

Within a neighborhood commercial district, operating hours are restricted to between 11:00 a.m. and 10:00 p.m. daily.

b.

Any outside seating area shall not exceed 50 percent of the setback standards for the zoning district which it is located.

c.

All production, processing, and distribution activities shall be conducted within an enclosed building.

(5)

Alternative financial establishment. In addition to requiring a special use permit, an alternative financial establishment shall comply with the following regulations:

a.

A lot containing an alternative financial establishment shall be located at least 2,000 feet from any lot containing another alternative financial establishment, as measured in a straight line between the nearest points of one lot to the other lot.

b.

A lot containing an alternative financial establishment shall be located at least 500 feet from any lot zoned or used for residential purposes, as measured in a straight line between the nearest points of one lot to the other lot.

(6)

Automated teller machines (ATMs).

a.

An ATM located away from a bank shall be provided a minimum of two off-street parking spaces, except where the planning and development director determines that no parking is necessary because the ATM is to be located in a primarily pedestrian-oriented area.

b.

Trash disposal. Each outdoor ATM shall be provided with a receptacle sufficient in size to accommodate trash and any smoking materials discarded by ATM users.

(7)

Financial institution.

a.

Banks and financial institutions may be permitted as an accessory to a retail sales establishment in the NC, MU, CC, D or ENT Districts provided that the bank or financial institution is not in a separate, freestanding building.

b.

Banks or financial institutions that are located within 100 feet of a residential zoning district shall comply with the following requirements:

(i)

The use shall be compatible with the neighborhood and shall not be detrimental to the same due to increased automobile traffic, noise generated from within the site, or character of proposed building.

(ii)

The maximum gross floor area of the building shall be 4,000 square feet.

(8)

Off-premises contacts (OPC).

a.

Shall be located inside a building.

(9)

Retail sales establishment.

a.

Shall not maintain exterior storage except as provided in this chapter.

b.

Retail sales establishments that sell large items (e.g., furniture, appliances, lumber, etc.) are not permitted in the Downtown or Entertainment Districts.

(10)

Thrift store. All new thrift stores shall observe all development standards of the underlying zoning district, except that they shall also comply with the following additional standards:

a.

Enclosed activities. All activities shall be completely enclosed within the building for the use.

b.

Collection/receiving area. The collection area shall be located on the side or rear of the building. Adequate directional signage shall be provided from the main entrance to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed unless an enclosed structure such as a charitable drop box is provided.

(11)

Marijuana facilities.

a.

General requirements. Any medical marijuana dispensary, medical marijuana testing facility, medical marijuana infused products manufacturing, medical marijuana cultivation facility, any type of comprehensive facility, microbusiness dispensary facility, microbusiness wholesale facility shall be subject to the following:

(i)

Security.

1.

Be monitored at all times by an internet-based, closed-circuit television for security purposes. The camera and recording system shall be of adequate quality, color rendition, and resolution to allow the ready identification of any individual committing a crime anywhere on, or adjacent to the facility. The recordings shall be maintained for a period of not less than 90 days and shall be made available to law enforcement authorities upon request.

2.

Have a fireproof vault or safe that is incorporated into, and securely attached to the building structure for the purpose of securely storing cash and any processed marijuana.

3.

Have a centrally monitored fire and burglar alarm systems professionally monitored and maintained in good working conditions.

4.

Any exterior building lighting and parking area of the facility shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the lot with an illumination of not less than 1.5 footcandles evenly distributed as measured at ground level. These light fixtures shall be turned on from dusk to dawn.

5.

No person or facility shall dispose of marijuana or marijuana-infused products in an unsecured waste receptacle not in possession and control of the facility and designed to prohibit unauthorized access.

6.

Have an armed security guard approved under the provisions of the Code on the premises at all times.

(ii)

Location.

1.

No marijuana facility may be located within 1,000 feet of a then existing elementary school or secondary school, state licensed child day-care center, or church or place of worship.

a.

In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.

b.

If the school daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility.

c.

In the case that the facility is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church.

d.

Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

2.

No Marijuana Facility may be adjacent to or across from any residential district.

3.

No single tenant space may be occupied by multiple marijuana facility types unless the marijuana facility types are licensed to the same person by the state department of health and senior services.

(iii)

Additional Requirements.

1.

Comply with all regulations issued by the state department of health and senior services for marijuana facilities. If the state's requirement is more restrictive than the city's requirement, then the more restrictive requirement applies.

2.

No person shall, establish or operate any marijuana facility within the city limits without first obtaining a business license to do so from the city as provided in chapter 22 of the Code.

3.

No use of any equipment or process that creates noise, dust, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses beyond the property boundary.

4.

Have an odor mitigation system that uses activated carbon filters, an ozone generator, UV light exposure, UV-C air disinfection, or other similar odor mitigation technology.

5.

Any and all processing, storage, display, sales, or other distribution of marijuana shall occur within an enclosed building, and shall not be visible from the exterior of the building.

6.

Display its state department of health and senior services issued license on the interior of the facility, visible to the public, at all times.

7.

No on-site consumption of marijuana or marijuana-infused products allowed on the premises of any marijuana facility at any given time.

8.

Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.

9.

Within 30 days of ceasing facility operations, all plants, medical marijuana related equipment, signage, or any other facility-related items shall be removed from the building and site within or upon which the facility previously existed.

No person under the age of 21 shall be allowed into any comprehensive marijuana facility. No person under the age of 21 shall be allowed into any micro-business facility. No person under the age of 18 shall be allowed into a medical marijuana facility. Notwithstanding the preceding language, a qualifying patient who is too young to enter a medical marijuana dispensary, a comprehensive marijuana dispensary, or micro-business, may do so if such qualifying patient is accompanied by a parent or guardian or if such qualifying patient has been emancipated and shows proof of emancipation.

b.

Marijuana dispensary facility. In addition to the general requirements, any medical marijuana dispensary, comprehensive marijuana dispensary, or microbusiness dispensary shall comply with the following regulations:

(i)

Located and operated from a permanent and fixed structure, and not in a trailer, cargo container, or motor vehicle, and the structure shall not be mobile or operate from a transitory location. This subsection shall not prevent the physical delivery of marijuana to a customer, patient or patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so permitted by law, if:

1.

The marijuana was lawfully purchased;

2.

The marijuana was delivered only by the permittee or an employee of the permittee;

The marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation. Such marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle.

(ii)

Any medical marijuana dispensary shall require any customer to display the customer's permit card from the department of health and senior services or other proof of eligibility at the time of each purchase. Any comprehensive marijuana dispensary or microbusiness dispensary facility shall require any customer to show either a permit card as described above or form of identification showing such customer to be no younger than 21 years old.

(iii)

Only allowed to sell devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana including, but not limited to, rolling papers, and related tools, water pipes, and vaporizers to a qualifying patient, primary caregiver, or an individual no younger than 21 years old.

(iv)

A sign shall be displayed on the interior of the facility indicating that a qualified patient identification card or primary caregiver identification card, issued from the state department of health and senior services, is required and must be presented to purchase marijuana and marijuana-infused products.

(v)

No sales to customers who are in cars or to customers who consume the sold products in cars parked on the facility, nor shall it sell products through a sales window to customers who are in cars, for the immediate consumption by the customer either on or off the premises.

(vi)

The windows and doors of the facility shall not be covered by boards, mesh, grates, materials, or coverings of any kind, except proper blinds and curtains.

(vii)

No cord or rope type LED lighting surrounding or framing its windows or doors.

(viii)

Not located be within 1,000 feet of a medical or dental office, clinic, hospital, health care facility or other marijuana dispensary. Such distance shall be measured in the same manner as provided in subsection 94-61(e)11(a)ii of this city's zoning code.

(12)

Lodging.

a.

Hotels.

(i)

Access to guest rooms shall be restricted exclusively to interior corridors, which shall be accessed via the main lobby of the building or public entryways individually equipped with some form of security controlled access system.

(ii)

The hotel shall install and maintain, in proper operating order, surveillance cameras in the lobby/lounge area and at each exterior door. The cameras shall be placed so as to provide visibility to the front and rear exteriors of the building. Monitors shall be provided for security and other hotel personnel so that on-site activities may be viewed at all times. Surveillance cameras shall be in operation 24 hours a day and records of images recorded shall be kept a minimum of 14 days.

(iii)

The hotel shall provide daily housekeeping service and on-site personnel 24 hours a day to provide check-in/check-out services, custodial and maintenance response, or other guest services.

b.

Short-term rental.

(i)

Individual rooms within a single-family dwelling shall not be permitted.

(ii)

Shall only be permitted within those planned developments which specifically list the use as being allowed.

c.

Timeshare, interval ownership, or fractional fee ("timeshare").

(i)

All units to be converted to timesharing shall comply with the city's adopted fire, health, and building codes.

(ii)

All units to be converted to timesharing shall comply with the requirements of the zone district in which they are located, and all other applicable standards of the code.

(iii)

The marketing and sales practices for a timeshare development shall not include solicitation of prospective purchasers of timeshare units on any street, walking mall, courtyard, or other public property or facility.

(iv)

The parking requirement for a timeshare development shall be calculated by applying the parking standard for the underlying zone district for lodge uses. The parking requirement shall be calculated based on the maximum number of proposed lock-out units in the development, unless an appropriate level of guest transportation services, such as vans, carshare or shuttle vehicles are offered as an alternative to having owners and guests using their own vehicles in the city.

(v)

The owner of a timeshare shall be prohibited from storing a vehicle in a parking space on-site when not using the timeshare.

(13)

Car wash, full- or self-service.

a.

Vacuums, carpet/steam cleaning machines and blowers shall not be located within a required setback.

b.

Such use shall be set back no less than 100 feet from any residential zoning district.

(14)

Vehicle rental/sales/leasing.

a.

Location. Such use shall be located on a street classified as a collector or arterial.

b.

Outdoor storage and display areas. Outdoor storage and display areas for the sale, rental or lease of vehicles, watercraft or trailers shall comply with the following standards:

(i)

Outdoor storage areas shall be screened from residential and Mixed-Use Districts by an opaque wall or fence at least six feet in height, and shall be constructed of one of the following materials: brick, stone, masonry units, wood or solid vinyl. Wood fences shall provide masonry columns not more than 30 feet on-center.

(ii)

Paved areas reserved for the storage of vehicles, watercraft or trailers for sale, rent or lease are not required to be striped for individual spaces.

(iii)

Outdoor display areas for vehicles, watercraft or trailers shall conform to the design standards of this chapter. No vehicle, watercraft or trailer for sale, rent or lease shall occupy a required parking space.

(iv)

Not more than one vehicle, watercraft or trailer display pad within the front yard setback shall be permitted per 150 linear feet of road frontage. The size of the pad shall accommodate not more than one vehicle, watercraft or trailer. Such pad may be elevated, but no more than three feet in height as measured from grade to the highest point.

(15)

Vehicle repair.

a.

Outside storage or repair work is not allowed.

b.

Body work and spray painting must be confined to properly ventilated indoor bays that shall be closed from the outdoors during use.

c.

Sales of new and used motor vehicle parts are allowed as an incidental use to the repair shop however, no outside storage of product is allowed.

d.

Service bay doors shall be located only on a side or rear facade.

e.

All storage for impounded vehicles, and the storage of vehicles that are inoperable or disabled vehicles for periods greater than one week, shall be located within a permanent storage area that complies with this chapter.

f.

Parking for vehicles to be serviced, and that have been serviced, shall occur on the site.

g.

There shall be no on-site dismantling of vehicles for salvage.

h.

Major vehicle service shall be set back no less than 150 feet from any residential zoning district.

(16)

Service stations.

a.

The minimum public street frontage shall be 135 feet on each public street for all new fueling stations.

b.

The minimum width for driveways shall be 35 feet. The width shall be expanded to 45 feet whenever the driveway accesses a street with a width of, or with a planned ultimate width of, 84 feet or greater. Driveways shall be no closer than 150 feet from the nearest intersecting point of street right-of-way lines, or as otherwise determined by the public works director.

c.

Structures shall observe the height limits of the underlying zoning district, except that canopies constructed over pump islands located outside the buildable area of the lot shall not exceed a maximum height of 17 feet.

d.

A fuel pump canopy shall utilize the same architectural design and materials as the principal building(s) on the lot.

e.

Light fixtures mounted under canopies shall be cut-off and shielded so that there is no glare or light spillage at the property line. Lights and fixtures shall not extend below the surface of the ceiling of the canopy.

f.

Lights shall not be mounted on the top or sides (fascias) of the canopy, and shall not be externally illuminated except as part of an internally illuminated sign that meets the standards of this chapter.

(17)

Accessory automatic car wash. An automatic car wash shall be subject to the following:

a.

The structure shall be completely enclosed except for vehicle ingress and egress.

b.

The structure shall not exceed a height of 20 feet, or exceed an overall building dimension of 25 feet in width and 50 feet in length.

c.

The structure shall be constructed of building materials consistent with that of the principal building, including the roof.

d.

The hours of operation shall be limited to between 7:00 a.m. and 10:00 p.m. when located adjacent to any residential zoning district.

(18)

Electric vehicle charging stations.

a.

Classifications. An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle, and is classified based on the following levels:

(i)

Level 1 is considered slow charging, and operates on a 15 to 20 amp breaker on a 120-volt AC circuit.

(ii)

Level 2 is considered medium charging, and operated on a 40 to 100 amp breaker on a 240-volt AC circuit.

(iii)

Level 3 is considered fast or rapid charging, and operated on a 60 amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

b.

Where permitted.

(i)

Level 1 and 2 electric vehicle charging stations are a permitted use in all zoning districts.

(ii)

Level 3 electric vehicle charging stations are a permitted use in all zoning districts.

(iii)

Battery exchange stations are permitted in the CC and I Zoning Districts.

c.

Standards.

(i)

Electric vehicle charging stations utilizing parking stalls located in a parking lot, parking garage or in on-street parking spaces shall comply with the following standards. Due to the fact the technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change, and that there is a lack of municipal experience on consumer and community preferences and attitudes with regard to electric vehicles, the planning and development director may authorize variations from these standards, so long as the intent and goal of the standards and this section are addressed.

(ii)

Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

(iii)

Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Way-finding signs conveniently located to guide motorists to the charging stations are permitted with approval of the planning and development director.

(iv)

Accessible charging stations shall be located in proximity to the buildings or facility entrances, and shall be connected to a barrier-free accessible route of travel.

(v)

Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging station shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

(vi)

Charging station outlets and connectors shall be no less than 36 inches or no higher than 48 inches from the top of the surface where mounted, and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

(vii)

Equipment shall be protected by wheel stops or concrete-filled bollards.

d.

Notification. The following information shall be posted at all electric vehicle charging stations:

(i)

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

(ii)

Usage fees, if applicable; and

(iii)

Contact information for reporting when the equipment is not operating or other problems.

(19)

Truck stop/travel plaza.

a.

Minimum parcel size shall be ten acres subject to the following requirements:

(i)

The primary parcel of the truck stop shall be not more than 500 feet from the right-of-way limits surrounding a freeway or expressway intersection, with at least 200 feet of direct frontage along the arterial to the property boundary of the primary parcel;

(ii)

No more than one truck stop shall have primary access from any freeway or expressway intersection; and

(iii)

The minimum distance between truck stops shall be 7,000 feet, measured from property line to property line.

b.

Fuel.

(i)

Any fuel dispenser, perimeter of underground storage tanks or pumps shall be a minimum of 100 feet from any residential zoning district, and at least 40 feet from any property line or public right-of-way line.

(ii)

Fueling areas for automobiles and fueling areas for trucks must be separated. Pump island canopies shall not exceed 22 feet in height.

c.

Site design.

(i)

A 15-foot wide landscaped buffer area shall be provided along all property lines. There shall be no parking permitted within this landscaped buffer area.

(ii)

A masonry sound attenuation wall at least six feet tall shall be installed along all property lines that abut or are adjacent to a residential zoning district or use.

(iii)

Subsidiary business activities may include scales, truck wash, tire repair and sales, barber shop, bar, restaurant, showers, convenience store, truckers lounge, mini-theater, laundry and gasoline and propane dispensing.

Subsidiary business uses at truck stops shall comply with the following standards:

(a)

All activities and operations shall be conducted entirely within an enclosed structure, except the dispensing of petroleum products, water and air from pump islands and the provision of emergency service of a minor nature;

(b)

A truck wash shall be designed with a water collection and recycling system;

(c)

Vehicle service areas shall be completely enclosed;

(d)

Service bays shall not open toward public rights-of-way; and

(e)

A minimum of four showers shall be provided at truck stops with more than 100 truck parking spaces.

d.

Overnight parking is not allowed unless electrified parking spaces (EPS), also known as truck stop electrification, is installed for each overnight space to allow truck drivers to provide power to necessary systems such as heating, air conditioning, or appliances, without idling the engine.

e.

A plan must be submitted showing how the truck stop/travel plaza is designed to prevent any spill from the facility, or from vehicles utilizing the facility, from contaminating soil or migrating off-site. The facility shall fully comply with all federal and state regulations regarding the reporting and containment of spills and releases of petroleum and hazardous substances.

(f)

Industrial uses.

(1)

General. All industrial uses shall be subject to the following standards:

a.

All traffic hazards shall be minimized;

b.

Lights shall be directed away from adjoining residential areas;

c.

Off-street loading areas shall be available as needed; and

d.

No dust, smoke, fumes, gas, noxious odor, excessive noise or other atmospheric effluent shall exceed in intensity past the boundary of the lot.

e.

The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by city Code of Ordinances chapter 58, article VII, section 262 or other restrictions as contained in chapter 94 as it relates to specific industrial uses.

f.

A minimum setback of 50 feet shall be required for all structures (except fences and walls) located on the subject property measured from the subject property lines to the property lines in question.

g.

The maximum maintained vertical footcandle at an adjoining residential property line shall be 0.5 footcandles, measured at three feet above the grade.

h.

All utility lines serving the site and located on the subject property, shall be contained underground.

i.

All parking areas, drive aisles, service areas, storage, and loading docks shall be constructed of a hard surface (i.e., asphalt/concrete), conforming to the Branson Municipal Code requirements.

j.

Testing of generators is prohibited between the hours of 11:00 p.m. and 7:00 a.m. If generators are located outside of an enclosed building a screening wall shall be required.

k.

The SPL attributable to infrastructure of the industrial use on the property shall not exceed 65 dBC, as measured at every property line. For industrial uses located within 500 feet of any allowed residential use or district, place of worship, daycare, park, lodging establishment (including bed and breakfast inn, campground and recreational vehicle park, hotel and motel, nightly rental, and timeshare unit), and educational facilities, the SPL attributable to the facility shall not exceed 55 dBC at every property line.

(2)

Wrecker service.

a.

The use shall be located at least 250 feet from any residential district, school or child care center.

b.

Vehicles shall not be stored on-site for more than 90 days.

c.

Vehicles shall be stored to the rear of the principal structure, and screened in accordance with this chapter.

d.

The storage area shall be located totally within an enclosed building, or shall be enclosed by an architecturally designed solid fence of at least six feet in height.

e.

There shall be no dismantling of vehicles on the premises to obtain parts for use or sale.

(3)

Welding and automobile body shop. Welding and automobile body shop uses shall comply with the following standards:

a.

The use shall be located at least 250 feet from any residential district, school (except vocational schools) or child care center.

b.

Vehicles shall not be parked or stored as a source of parts, or for the purpose of sale or lease/rent.

c.

Repair and storage of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind, or to the side of the principal structure, and screened in accordance with this chapter.

d.

Vehicles that are repaired, and are awaiting removal, shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(4)

Heavy manufacturing.

a.

Heavy manufacturing uses shall be located at least 1,000 feet from any residential district.

b.

A perimeter buffer of at least 25 feet in depth shall be provided along any boundary with another property not zoned for heavy industry.

(5)

Freight terminal and warehouse.

a.

The use shall be located at least 500 feet from any residential district, school or child care center.

b.

The use shall not locate storage areas within a required setback or perimeter buffer.

c.

The use shall have direct access onto a major arterial or collector street.

(6)

Self-storage.

a.

Site layout.

(i)

The minimum lot area shall be three acres.

(ii)

If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.

b.

Operation.

(i)

The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in dead storage. Storage bays shall not be used to manufacture, fabricate or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

(ii)

Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.

(iii)

No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building's design. Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings.

(iv)

Hours of public access to a self-storage use abutting a residential zoning district or existing residential use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.

c.

Parking and circulation.

(i)

Interior parking shall be provided in the form of aisleways adjacent to the storage bays. Aisleways shall be used both for circulation and temporary customer parking while using storage bays. The minimum width of aisleways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

(ii)

The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.

(iii)

Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.

(iv)

All access ways shall be paved with asphalt, concrete, or comparable paving materials.

d.

Building appearance.

(i)

Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.

(ii)

With the exception of a structure used as a security guard or caretaker quarters, or the redevelopment of an existing structure, the maximum height of a self-service storage facility shall be 20 feet.

(iii)

Windows may not exceed 20 percent of any street-facing facade, and shall not be reflective.

e.

Open storage. Open storage of recreational vehicles, travel trailers and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

(i)

The storage shall occur only within a designated area, which shall be clearly delineated;

(ii)

The size of the storage area shall not exceed 25 percent of the buildable area of the site;

(iii)

Outdoor storage areas shall be located to the rear of the principal structure;

(iv)

Storage shall not occur within the areas set aside for minimum building setbacks; and

(v)

No dry stacking of boats shall be permitted on-site.

(g)

Agricultural uses.

(1)

Agritainment.

a.

Shall be operated and maintained by the owner, operator, or occupant of the farm on which it is located. Multiple properties in common ownership are acceptable for agritainment as long as they are considered a single farm entity.

b.

Shall only be permitted in conjunction with agriculture support and services directly associated with on-going agricultural activity on-site.

(2)

Animal raising.

a.

The minimum tract or parcel size shall be five acres.

(3)

Crop raising.

a.

Shall not occur within the front yard area.

(4)

Commercial livestock.

a.

The minimum tract or parcel size shall be 20 acres.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0027, § 2, 3-12-2019; Ord. No. 2019-0071, § 2, 6-11-2019; Ord. No. 2019-0107, § 2, 8-27-2019; Ord. No. 2019-0212, § 2, 12-10-2019; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2020-0155, § 2, 11-10-2020; Ord. No. 2021-0025, § 2, 3-9-2021; Ord. No. 2023-0074, § 2, 7-11-2023; Ord. No. 2024-0053, § 2, 6-11-2024; Ord. No. 2024-0061, § 2, 7-9-2024; Ord. No. 2024-0071, § 2, 8-13-2024; Ord. No. 2024-0086, § 2, 10-8-2024)

(a)

Residential uses.

(1)

Home occupation requiring a special use permit.

a.

A special use permit for a home occupation that is not permitted through the use registration process identified in the use and structure standards section may be approved only when the applicant can show that the activity will be incidental and subordinate to the residential purpose of the property, will comply with the spirit and intent of these regulations, will not create adverse impacts on adjacent properties, and will be compatible with the residential character of the area.

b.

The approval of a special use permit may authorize minor modifications, alternative limitations, or special conditions that are applicable to the home occupation standards of operation identified in the use and structure standards section where it is determined that the home occupation can be accommodated in accordance with the spirit and intent of this section.

c.

The following types of uses will not be approved as home occupations unless unusual or special circumstances exist as determined through the special use permit review process:

(i)

Uses involving regular client visits, such as photographic studios, small appliance repair shops, barber/beauty shops, medical offices, etc.;

(ii)

Uses involving large goods or materials, such as upholstery or furniture repair, arts/crafts other than small items, etc.;

(iii)

Uses involving nuisances (noise, dust, etc.) or which cannot be conducted within a totally enclosed structure, such as automobile, lawn mower, or other engine repair, welding or machine shops, etc.;

(iv)

Uses where other employees visit the site, such as operating/dispatch offices for contractors, offices for businesses having employees who are not occupants, etc.;

(v)

Uses involving handling or storage of quantities of goods or materials, such as retail/wholesale operations or manufacturing/assembly;

(vi)

Uses involving the training, grooming, breeding, or boarding of animals.

(2)

Mobile home community.

a.

Purpose and intent. The intent of the mobile home community standards is to provide for the orderly and unified planning and development of mobile home communities, to ensure the provision of facilities and amenities appropriate to the needs of residents of mobile home communities, and to ensure a harmonious relationship between mobile home communities and adjoining land uses.

b.

Special use permit. Mobile home communities may be permitted in the HDR District through the approval of a special use permit.

c.

Permitted uses. No building, structure or land shall be used, and no building or structure shall be hereafter erected or structurally altered, unless otherwise provided for in this section, except for one or more of the following uses:

(i)

Single-family mobile and manufactured homes.

(ii)

Recreation areas and facilities.

(iii)

Accessory buildings typically found with the above permitted uses.

(iv)

Public utility facilities, excluding repair, storage and business facilities.

d.

Prohibited uses. The following uses are expressly prohibited in any mobile home community:

(i)

Timeshare operation.

(ii)

Nightly or weekly rentals of any nature.

(iii)

Commercial uses.

e.

Design standards. The following standards shall be incorporated in the design of the mobile home community:

(i)

The gross density shall not exceed seven units per acre, unless part of an approved plan which includes other land uses.

(ii)

The minimum parcel size shall be 3,200 square feet.

(iii)

The minimum parcel width shall be 40 feet.

(iv)

The minimum separation between mobile homes shall be ten feet.

(v)

There shall be no private streets. All streets in the mobile home community shall be public streets dedicated to the city.

(vi)

The minimum setback from a mobile home unit to a boundary that is not a street shall be 20 feet. The minimum setback from a mobile home unit to a boundary that is adjacent to a public street shall be 25 feet.

(vii)

A minimum of two off-street parking spaces per mobile home site, plus one guest space for each five sites, all in conformance with the parking requirements of this chapter, shall be provided in the mobile home community. Uses other than mobile home sites shall be subject to the parking regulations included in this chapter.

(viii)

A minimum street width of 28 feet paved from back of curb to back of curb shall be required on all streets within the mobile home community. All street construction shall be in strict conformance with the city standards and specifications for residential streets, with the exception that the minimum right-of-way width may be reduced from 50 feet to 40 feet when a five-foot utility easement is provided along each side of the right-of-way.

(ix)

A minimum of two accesses to a dedicated street shall be provided per mobile home community.

(x)

A minimum of 0.3 footcandle lighting shall be provided on all driveways and walks.

(xi)

Sidewalks shall be provided adjacent to all streets, on both sides of the street, shall be a minimum width of four feet, and shall be constructed in conformance with city standards and specifications for sidewalk construction.

(xii)

A minimum of 15 percent of the gross area of the mobile home community shall be provided as park area.

(xiii)

A minimum of 30 percent of the gross area of each mobile home parcel shall be provided as usable livability open space.

(xiv)

A clubhouse and/or other common recreation facilities shall be provided in accordance with plans submitted for review and recommendation by the planning commission and review and approval by the board.

(xv)

All mobile homes shall have tie-downs in accordance with applicable provisions of this chapter and the state.

(xvi)

Plans and specifications shall be submitted and permits issued in accordance with all city building or HUD regulations depending upon the date of construction of the unit(s).

(xvii)

A landscaping plan shall be submitted for review and approval by the planning and development director with a formal report attached to the submittal for mobile home community.

(xviii)

No building or structure hereafter erected or structurally altered in a mobile home community shall exceed 35 feet in height, or two stories above the foundation or basement ceiling level.

(xix)

When adjacent to, or across the street from a residential use other than a mobile home park, or when required by the board due to location, a decorative fence, wall, landscaping or earth mounds of six feet in height shall be provided around the perimeter of the site to screen the mobile home community from view.

(xx)

Storage units shall be designed as an integral part of the site and shall be screened. Setback requirements specified in this chapter shall apply to storage units.

(xxi)

All electrical, gas and telephone utilities shall be placed underground in accordance with city standards. Provisions shall be made to provide sewer and water service to each mobile home in a manner which shall conform to all governing regulations, including the city technical specifications. Adequate fire protection shall be provided by installing fire hydrants which conform to all governing regulations, including the city technical specifications.

(xxii)

Trash and recycle collection receptacles shall be provided and properly screened from view.

(xxiii)

Provisions shall be made for off-street camper and boat storage either adjacent to the mobile homes or in a central location or locations. One hundred square feet shall be provided for each mobile home site. Covenants or other binding restrictions prohibiting said storage may be provided in lieu of said storage space.

(xxiv)

Provisions to maintain and manage all common facilities shall be submitted for approval by the planning commission and board.

(xxv)

Adequate stormwater control is required per city technical specifications.

f.

Additional requirements.

(i)

The overnight housing and occupancy of travel trailers, motor homes, truck campers, recreation vehicles, tents and houseboats within a mobile home community is prohibited.

(ii)

Bonding, or some guarantee in a form acceptable to the city attorney may be required to guarantee performance for the construction of the site improvements.

(iii)

If, in the process of reviewing the application for the mobile home community, the planning commission or the board deem it necessary to apply other conditions of approval more restrictive than those outlined herein, such conditions may be required to make the use more compatible with either the existing or proposed environment.

(iv)

Unless specifically approved elsewhere in this chapter, the parking of a mobile home on a parcel not located within a mobile home community is prohibited.

(v)

Application procedures shall conform to the procedures defined in the subdivision regulations of the city.

(vi)

Any communal swimming pool, clubhouse, bathhouse, or other public place within the mobile home community district boundaries shall meet the city and state health codes, rules and regulations.

(b)

Commercial uses.

(1)

Food truck court.

a.

Site plan approval is required for the establishment of a food truck court. In addition to the standard site plan requirements, the application shall also identify: the location and orientation of each food truck; the location of seating areas, restrooms, parking, landscaping, trash enclosures, and utilities; the circulation of all pedestrian and vehicular traffic on the site; and the location and type of water supply and electrical outlets provided to each food truck site.

b.

Food trucks shall be parked so as to require patrons to walk up to the vending window. Vendors shall not position the food truck to act as a drive-thru business nor solicit business from pedestrians on public property or persons in vehicles.

c.

Permanent restroom facilities shall be provided and shall be required based on the requirements of this Code.

d.

A minimum of two tie-down anchors with concrete footings shall be provided for each food truck.

e.

A 1,000-gallon grease interceptor, shall be provided for each four food trucks in compliance with city's fats, oils and grease management program or as approved by the utility department.

f.

Waste, water and power connections based on the requirements of this Code for each food truck shall be provided in precast concrete vaults, with traffic worthy lids.

g.

Shall provide one trash receptacle for each food truck in a convenient location which does not impede pedestrian or vehicular traffic. Additionally, a trash enclosure shall be provided as required per this chapter.

h.

Signage shall follow current municipal code requirements.

(2)

Adult entertainment.

a.

The following uses of property are considered adult entertainment activities, and may be located only in districts zoned D as a special use: adult bookstore, adult entertainment facility, bathhouse, massage establishment, modeling studio.

b.

No adult bookstore, adult entertainment facility, bathhouse, massage establishment or modeling studio shall be permitted within 600 feet of any religious institution, school, or 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.

c.

No adult entertainment establishment shall be allowed to locate or expand within 600 feet of any other adult entertainment use or of any business licensed to sell or serve alcoholic beverages whether or not such business is also an adult entertainment establishment as defined in this article. The distance between any two adult entertainment establishments or between an adult entertainment establishment 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.

d.

All access to and from the adult entertainment establishment shall be provided from a street classified as a thoroughfare.

e.

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

f.

The property on which the use is located shall be screened by solid masonry wall, at least six feet in height along all interior property lines.

g.

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.

h.

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 entertainment establishment.

i.

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 signs shall not flash, blink or move by mechanical means and shall not extend above the roofline 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.

j.

Lighting in the parking area must provide a minimum light level of 0.25 footcandle 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 parcel line.

k.

The hours of operation will not exceed 8:00 a.m. to 12:00 midnight on Sunday through Thursday; and 8:00 a.m. to 1:00 a.m. on Friday and Saturday.

(3)

Drag shows.

a.

No drag show or drag show establishment shall allow minors to attend the performance. If the drag show occurs at an establishment with an alcohol license, the establishment must comply with the age restrictions for employees and patrons as described in chapter 6, Alcoholic Beverages.

b.

No drag show shall be permitted within 600 feet of any religious institution, school, or 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 establishment holding a drag show to the closest property line of the religious institution, school, or public park, or the property zoned for residential use.

c.

No drag show establishment shall be allowed to locate or expand within 600 feet of any other drag show establishment or of any business licensed to sell or serve alcoholic beverages, whether or not such business is also a drag show establishment as defined in this article. The distance between any two drag show establishments or between a drag show establishment or between 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.

d.

All access to and from the establishment holding a drag show shall be provided from a street classified as a thoroughfare.

e.

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

f.

The property on which the use is located shall be screened by a solid masonry wall, at least six feet in height along all interior property lines. Such wall may include the building walls where no yard exists.

g.

The facility in 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.

h.

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 drag show activities shall take place partially or totally outside the establishment.

i.

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 signs shall not flash, blink or move by mechanical means and shall not extend above the roofline 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.

j.

Lighting in the parking area must provide a minimum light level of 0.25 footcandle 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 parcel line.

k.

The hours of operation will not exceed 8:00 a.m. to 12:00 midnight on Sunday through Thursday; and 8:00 a.m. to 1:00 a.m. on Friday and Saturday.

(c)

Industrial uses.

(1)

Outdoor storage. Any such goods kept outside which are not within the definition or limitations for incidental outdoor display, or outdoor display lots, shall be regarded as outdoor storage. Outdoor storage shall include the parking/storage of vehicles to be serviced at a collision service or towing/wrecker service use and all parking/storage of vehicular equipment, such as farm or construction machinery or equipment and commercial delivery vehicles. The placement of storage vaults or shipping containers shall be regarded as outside storage, except as may be otherwise permitted herein.

a.

Primary outdoor storage yard. Primary outdoor storage yards shall be permitted with a special use permit in the CC, B, and I Districts. A primary outdoor storage yard shall mean storage that: (1) constitutes a principal use on the premises or is conducted without a permanent building on the premises; (2) utilizes more than 33 percent of the premises; or (3) otherwise exceeds the limitation of an accessory storage area. Modification of the conditions set out below may be specified as part of the approval of a special use permit, if noted on the application and required notification, when it is determined that the storage can be accommodated in a modified manner without adverse impacts on adjacent properties and that such storage will still meet the general intent of the limitations.

b.

Commercial/utility vehicles. Regular parking for commercial and utility vehicles shall be located in service areas that are designed as follows and screened as necessary to meet these standards:

(i)

All service areas shall be placed at the rear, on the side of, or inside buildings.

(ii)

No service area shall be visible from a public right-of-way or from adjacent residential areas.

(iii)

Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries.

c.

Required conditions. All outdoor storage, including outdoor storage as an accessory use, shall comply with the following conditions:

(i)

Type of materials: Storage shall be limited to goods and materials customarily stored outside and resistant to damage and deterioration from exposure to the elements.

(ii)

Location: Outdoor storage shall not be located in any required front or exterior side yard; shall not obstruct or eliminate any required parking or loading space, access drive or fire lane; or occupy any street right-of-way.

(iii)

Height: Storage of stacked materials shall not exceed the height of the screening fence or eight feet, whichever is less. Individual items of greater height may be stored, but may not exceed one-half the height of the principal building.

(iv)

Screening: All outdoor storage shall be screened by a permanently maintained solid fence at least six feet in height along any side facing a front or exterior side property line, any side facing a rear or interior side property line which is adjacent to a district which does not allow outdoor storage as a permitted use, or any other side generally open to public view. Fencing for this purpose shall be designed of wood or masonry, provided that chain link with slat inserts may be used if all openings are blocked by slats having a width which is no less than one-fourth-inch smaller than the width of the opening.

(v)

Surfacing: Storage areas shall be surfaced as follows:

1.

Storage of goods and materials shall be conducted only on a paved surface or an approved all-weather surface of crushed rock which is maintained in a dust-free condition.

2.

The storage of vehicles, trailers, and equipment which is normally intended to be mobile, whether self-propelled or towed, shall be conducted only on an approved asphalt or concrete surface which is provided in accordance with the requirements for parking areas.

(2)

Data centers.

a.

Data centers. Data centers may be permitted with a special use permit in the Industrial (I) zoning district, or as further determined through a planned development (PD) approval. Modification of the conditions set out below may be specified as part of the approval of a special use permit, if noted on the application and required notification, when it is determined that the data center can be accommodated in a modified manner without adverse impacts on adjacent properties and that such data center will still meet the general intent of the limitations.

b.

Required conditions. All data centers shall comply with the following conditions:

c.

Site requirements:

(i)

Primary structure: A primary structure shall be required prior to the installation of a MENU. A primary structure excludes structures such as storage sheds, non-occupied secondary or accessory structures, and MENUs.

(ii)

Buffering: A minimum setback of 50 feet shall be required for all structures (except fences and walls) located on the subject property measured from the subject property lines to the property lines in question.

(iii)

Distancing requirements for residential, places of worship, daycares, parks, lodging establishments, and educational facilities: Data centers shall require a minimum 500 feet distance setback from a residential use or district, place of worship, daycare, park, lodging establishment (including bed and breakfast inn, campground and recreational vehicle park, hotel and motel, short-term rental, and timeshare unit) and educational facilities measured from the subject property lines to the property line in question.

(iv)

Lighting: A photometric diagram showing predicted maintained lighting levels produced by the proposed lighting fixtures shall be required. The maximum maintained vertical footcandle at an adjoining residential property line shall be 0.5 footcandles, measured at three feet above the grade.

(v)

Manufactured engineered non-residential unit (MENU): MENUs shall be screened from view by a combination of landscaping, opaque fencing, and or a decorative opaque wall that is integrated into the architecture of the structure. The fence or wall shall be of a height equal to, or greater than the height of the MENU being screened. Chain link fencing is not permitted as a screening method. On a case by case basis, a line-of-sight analysis can be submitted to assess the visual impact of the MENU on the surrounding environment. The line-of-sight analysis can consider, but not be limited to: terrain, obstructions, vegetation, buildings, and other objects.

(vi)

All utility lines serving the site and located on the subject property, shall be contained underground.

(vii)

All data centers shall be contained within a primary structure or a MENU.

(viii)

All parking areas, drive aisles, service areas, storage, and loading docks shall be constructed of a hard surface (i.e., asphalt/concrete), conforming to the Branson Municipal Code requirements.

d.

Sound/noise requirements:

(i)

On-site monitoring of sound: The permit holder shall provide to the city, prior to the issuance of a certificate of occupancy or completion, an affidavit that includes the following information:

1.

Name and qualifications of the person who measured the sound pressure levels, requiring a supervised and wet stamped report by a qualified Missouri licensed professional engineer.

2.

Equipment used. List all test results; equipment; equipment serial numbers; equipment settings; copies of National Institute of Standards (NIST) traceable calibration certificates; drawings and pictures of the test setup including pertinent distance measurements; and weather conditions during the tests including wind speed, temperature and relative humidity.

3.

Location of the noise measurements depicted on a scaled site plan. The points of measurement shall be at all property lines and generally at the points on those property lines most susceptible to noise from the applicable equipment.

4.

Sound pressure levels (SPL) at each property line.

5.

Time and duration of measurements.

6.

A statement attesting to the accuracy of the information provided and a guarantee that the permit holder will not run their equipment, including generators, at a greater sound pressure level than when the measurements were made.

The city reserves the right to require independent verification of noise measurements and/or to request additional measurements at different point on the property. All measurements must comply with the noise levels established in this section of Branson Municipal Code.

(ii)

Generators:

1.

Testing of generators is prohibited between the hours of 11:00 p.m. and 7:00 a.m.

2.

If generators are located outside of an enclosed building a screening wall shall be required.

(iii)

The SPL attributable to infrastructure of the data center property shall not exceed 65 dBC, as measured at all data center property line. For data centers located within 500 feet of any allowed residential use or district, place of worship, daycare, park, lodging establishment (including bed and breakfast inn, campground and recreational vehicle park, hotel and motel, short-term rental, and timeshare unit), and educational facilities, the SPL attributable to the facility shall not exceed 55 dBC at all data center property line.

(iv)

If at any time the data center operation violates the standards as set forth in this section, the planning and development director shall give five days' notice in writing to the owner of the building, structure, or property on which the violation is located, stating the nature of the violation and ordering the owner to cease the violation or bring the property into compliance. Notice to the owner may be by first class mail, personal delivery, or posting on the property. Notice given shall state the violation of the standards and the time within which the violation must be abated. A notice of violation and order to abate under this article may be appealed by filing a written appeal in the office of the planning and development director within five calendar days of the violation notice. The board of adjustment shall hear the appeal in accordance with its usual procedure. The board of adjustment, upon finding that a violation exists, may approve or modify the order of the planning and development director. The board of adjustment's decision may be appealed in the manner provided by law.

e.

Utilities and resources conditions:

(i)

Confirmation of utility agreement: Prior to approval of a special use permit, the applicant shall provide written verification from the utility provider stating the following:

1.

Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity availability to serve the other needs of the planning area is consistent with the normal projected load growth envisioned by the utility.

2.

Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use.

3.

The use will not cause electrical interference or abnormal in line voltage on and off the operating premises.

4.

An agreement that if a power outage or shortage occurs, the data center will be secondary to all other uses within the City of Branson or surrounding properties.

(ii)

Confirmation of water availability: If water is used for cooling, the source and adequacy of the supply shall be provided.

(iii)

Changes in resources or data center expansion: If a change in resource occurs, a new special use permit shall be required for re-evaluation. If a data center expansion is proposed, a new special use permit shall be required for re-evaluation.

(iv)

Certain foreign adversaries shall be restricted from developing data centers within the City of Branson. The determination of a foreign adversary shall be regulated on a case by case basis, as determined by the United States Department of State.

(v)

All requirements relating to noise and noise disturbance shall be considered for data centers.

f.

Modification of use: Any modification to the data center site requirements; number of MUNU, location of MENU, screening, lighting, sound/noise requirements, and utilities requires an application for the special use permit.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2018-0068, § 2, 7-10-2018; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2023-0081, § 2, 8-8-2023; Ord. No. 2024-0071, § 2, 8-13-2024; Ord. No. 2024-0086, § 2, 10-8-2024; Ord. No. 2025-0005, § 2, 2-11-2025)

(a)

Purpose. This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses, provided that the accessory use complies with all applicable standards in this section.

(b)

Approval of accessory uses and structures. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures and activities typically associated with the use, unless specifically prohibited in this chapter. No accessory use may be established prior to establishment of the principal use with which such accessory use is associated. All accessory uses shall be subject to the standards in this section, as well as any use-specific standards applicable to the associated principal use as set forth in this chapter.

(c)

Interpretation of unidentified accessory uses and structures. The planning and development director shall evaluate applications for accessory uses that are not identified in this section on a case-by-case basis, based on the following standards:

(1)

The definition of "accessory use" in this chapter, and the general accessory use standards and limitations established in this section;

(2)

The purpose and intent of the district in which the accessory use is located;

(3)

Potential adverse impacts the accessory use or structure may have on other lots, compared with other accessory uses permitted in the district; and

(4)

The compatibility of the accessory use with other principal and accessory uses permitted in the district.

(d)

General standards. All accessory uses and structures shall comply with the following general standards:

(1)

Compliance with this chapter.

a.

All accessory uses and structures shall be subject to the dimensional requirements of the zone district in which they are located. In the case of any conflict between the accessory use/structure standards of this section and any other requirement of this chapter, the more restrictive standards shall control.

b.

Accessory uses shall comply with all standards of this chapter applicable to the principal use with which they are associated. Parking requirements shall be met for both the principal use and any accessory use.

(2)

Location. The accessory use or structure shall be conducted or located on the same lot(s) as the principal use, and to the rear of the primary structure, unless otherwise approved by the planning and development director. No accessory structure shall be located within ten feet of the site's principal structure unless otherwise specified in this chapter. When located to the rear of the primary structure, accessory buildings need not comply with the side or rear setback lines applicable to the primary structure, provided that the accessory building is not located closer than ten feet from any alley and not closer than five feet from any property line.

(3)

Size and quantity. The maximum total size of accessory structures within any residential district shall be 800 square feet unless approved by special use permit. No accessory structure shall exceed the height of the site's principal structure unless otherwise specified in this chapter.

(4)

Same utility meter required. The principal use and the accessory use shall utilize the same utility meter, with the exception of approved on-site employee housing.

(5)

Nonresidential uses in residential districts. Accessory structures in residential districts shall not be used to conduct a retail business, commercial business or repair business.

(e)

Standards applicable to specific accessory uses. Note: The standards in this section are listed alphabetically by use; they do not follow the organization of the use table.

(1)

Amusement parlor/arcade.

a.

There shall be no outdoor advertising or signing of the accessory use.

b.

The floor area devoted to the accessory use shall not impinge or obstruct normal pedestrian traffic within the building, and shall not exceed 20 percent of the public floor area of the primary business.

c.

No additional parking shall be required.

(2)

Community garden. Hoop houses, cold frames or other accessory structures used solely for growing plants are permitted, and are exempt from the maximum floor area of all accessory structures, provided that the total size of such temporary structures does not exceed 1,000 square feet or 15 percent of the lot area, or whichever is greater, and that it is a temporary structure. A temporary use permit is not needed for accessory community garden structures.

(3)

Eating and drinking.

a.

Outdoor seating, on-site. Eating and drinking establishments allowed under this Code may provide outdoor seating areas, including rooftop seating, for customers following design review and issuance of a liquor license where applicable. The approval of outdoor seating shall be reviewed against the following criteria:

(i)

Outdoor customer seating areas are subject to all applicable building setback requirements, except within the Entertainment District, and must abut the building wall or roof area of the principal building;

(ii)

Outdoor seating areas may not occupy required parking spaces or parking area access aisles;

(iii)

An outdoor seating area exceeding ten percent of the indoor building floor area is counted as floor area for purposes of determining off-street parking and loading requirements; and

(iv)

When outdoor seating is located on a lot abutting a residential district, noise emanating from any outdoor seating areas may not exceed 65 db(A), as measured long the common lot line at the top of the required screening wall or fence;

(v)

In approving outdoor seating, the planning and development director or planning commission may impose reasonable conditions relating to location, configuration, lighting and other operational features of the use to ensure compatibility with surrounding uses, maintenance, sound and compliance with other applicable city codes.

b.

Sidewalk café. May be permitted under the following conditions:

(i)

The area of occupancy must be abutting and contiguous to the restaurant in which food preparation, sanitation and related services for the sidewalk café will be performed.

(ii)

A sidewalk café may not be enclosed by fixed walls, unless such walls are necessary to comply with requirements to serve alcohol, and shall be open to the air, except that it may have a canopy.

(iii)

There shall be unimpeded sidewalk remaining for pedestrian flow from the face of the curb and the area of temporary occupancy.

(iv)

The sidewalk café shall be located a minimum of five feet from driveway and alleys, and ten feet from intersections.

(v)

All curbs, alleys, sidewalks and public rights-of-way adjacent to such occupation shall be kept in a clean and orderly condition.

(4)

Off-premises contacts (OPC).

a.

Shall be located inside a building of the principal use, and no larger than 100 square feet of floor area.

(5)

On-site employee housing. An on-site employee housing unit for a commercial or industrial business is an accessory use located on the same property as the commercial or industrial business, which is used to house persons employed by the owner of that business. On-site employee housing units for commercial and industrial businesses are permitted in the CC, ENT and B Districts. These on-site employee housing units can either be incorporated into a commercial or industrial building, or located in a separate, freestanding structure on the same property as the primary structure.

(6)

Outdoor storage. Accessory outdoor storage may be permitted with a special use permit in the CC, B and I Districts. Accessory outdoor storage shall mean storage that is accessory to a lawful business in a permanent building on the premises that is conducted in accordance with the limitations and conditions set out in the special use standards for outdoor storage, and which covers a maximum of 33 percent of a premises. All other outdoor storage shall be classified as a primary outdoor storage yard.

(7)

Sidewalk display. The accessory outdoor display of wares shall be subject to site plan review, and shall meet all of the following requirements:

a.

Shall be located within the property limits of the business from which it is being sold;

b.

Shall not extend beyond the front of that business's building frontage;

c.

Shall not extend more than ten feet outward from the front of the business's building;

d.

Shall not be placed within, or interfere with any parking area or space(s);

e.

Shall not block any sight triangle or the view of on-coming traffic;

f.

Shall not block any pedestrian way and a minimum clearance width of three feet shall be provided;

g.

Shall not be hung resulting in a clearance less than eight feet above a pedestrian way; and

h.

Any display with moving parts shall not come into contact with pedestrians if there is any potential to cause harm, including movement driven by the movement of air or by mechanical or electrical means.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0071, § 2, 6-11-2019; Ord. No. 2021-0101, § 2, 9-14-2021)

(a)

Purpose. This section allows for the establishment of certain temporary uses and structures of limited duration, provided that such uses comply with the standards in this subsection, and are discontinued upon the expiration of a set time period. Temporary uses shall not involve the construction or alteration of any permanent building or structure.

(b)

Use table for temporary uses and special events. Temporary uses may be approved in the following districts:

Table 94-64.1: Temporary Uses

T = Temporary Use Permit

(c)

General standards for all temporary uses and structures. All temporary uses shall be subject to the issuance of a temporary use permit, and shall meet the following general requirements, unless otherwise specified in this Code:

(1)

Impact on subject property and surrounding properties and uses.

a.

The temporary use shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety or general welfare.

b.

Permanent alterations to the site are prohibited.

c.

If the property is undeveloped, it shall contain sufficient land area to allow the temporary use to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources including required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use, or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.

d.

If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.

e.

Off-street parking shall be adequate to accommodate the proposed temporary use.

f.

Trash containers shall be provided on site for debris, and all waste from the permitted use shall be properly disposed of.

g.

The size, nature or location of the temporary use is not reasonably likely to cause a clear and present danger of injury to persons and property.

(2)

Compliance with applicable regulations.

a.

The temporary use shall comply with all applicable general and specific regulations of this section, and this chapter, unless otherwise expressly stated.

b.

Temporary uses are only permitted on private property with the written permission of the property owner.

c.

All temporary signs associated with the temporary use shall be properly permitted and removed when the activity ends or the permit expires, whichever occurs first.

d.

The temporary use shall not violate any applicable conditions of approval that apply to a principal use on the site.

e.

The applicant or operator must obtain any other required permits, such as health or building permits prior to the commencement of the temporary use.

f.

Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet all requirements of the code.

(d)

Supplemental temporary use standards.

(1)

Charitable drop box.

a.

Permitted on property zoned NC, MU, CC or D only.

b.

Shall be separated by a distance of at least 500 feet.

c.

Shall not obstruct pedestrian or vehicular circulation, nor be located in required building setbacks, landscape areas, drive aisles, required parking spaces, fire lanes, loading zones, buffers or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses.

d.

Shall be constructed of painted metal, rubber, wood or plastic, and shall be properly maintained in a safe and good condition. Each drop box shall have a firmly closing lid, and shall have a capacity no greater than six cubic yards. No drop box shall exceed seven feet in height.

e.

Shall be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, the entity responsible for maintenance of the drop-off box and removal of materials and trash from the immediate area, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time. The box shall display a notice stating that no items or materials shall be left outside of the donation drop-off box as well as a notice that shall read "Not for refuse disposal. Liquids are prohibited. Do not use for garbage, candy wrappers, soft drink bottles, etc."

f.

Occupation of parking spaces by drop boxes shall not reduce the number of available parking spaces below the minimum number required for the site if applicable.

g.

All donated items must be collected and stored in the drop box. Donated items or materials shall not be left outside of drop box, and the area around each box shall be maintained by the owner or operator, or the property owner, free of litter and any other undesirable materials.

(2)

Construction field office, construction storage yard.

a.

In the residential districts, and for residential construction in a Mixed-Use District:

(i)

This use is limited to on-premises construction purposes associated with the properties within the same platted subdivision, unless otherwise approved by the planning and development director.

(ii)

The planning and development director may order the use to be discontinued and in no event shall such temporary use continue after subdivision construction is 90 percent complete.

b.

In the Commercial and Industrial Districts, and for commercial construction in a Mixed-Use District:

(i)

This use is limited to on-premises construction purposes associated with the properties within the same platted subdivision, unless otherwise approved by the planning and development director.

(ii)

The planning and development director may order the use to be discontinued and in no event shall such temporary use continue after construction is substantially complete.

(iii)

Sheds, warehouses and open air storage used by contractors in connection with the building of a principal building or the development of an area may be erected and used provided they shall be removed from the premises within ten days after substantial completion of the project or unusual suspension of work.

c.

The authorization of extended use of construction trailers except to facilitate ongoing construction upon the premises may be granted by the planning and development director subject to the following conditions:

(i)

Adequate utilities are connected to construction trailers.

(ii)

No construction trailer shall be closer to any public road than 150 feet. However, if, for safety reasons, topography or size of the property prohibits the required 150 feet from any public road, a reduction of the distance may be approved by the planning and development director, but in no case shall the construction trailer be closer than 25 feet from any public road.

(iii)

Temporary use permits shall be issued for not to exceed six months. One extension of the temporary use permit may be approved by the planning and development director upon written request from the applicant, not to exceed an additional six months.

(iv)

Any extension of the construction trailer after the first year must be approved by the planning commission. The planning commission may extend the use of the construction trailer for one year. After the first year, the planning commission may continue to allow for the continued use of the construction trailer at one-year intervals.

(3)

Farmer's market.

a.

Vendor types—Nonagricultural vendors are permitted. The majority of vendors must be agricultural vendors.

b.

Operating hours—Shall only operate, including any setup or breakdown activities, a total of 12 hours per day between the hours of 7:00 a.m. and 10:00 p.m.

c.

Setbacks and off-street parking—Shall meet the zone district required setbacks and off-street parking.

d.

Operating rules—Each farmer's market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, maintenance, insurance, security requirements and responsibilities, and appointment of a market manager who directs the operation of all vendors.

(4)

Food truck.

a.

Site standards.

(i)

Shall not conduct business at any location without property owner consent.

(ii)

Shall not conduct business or operate in the public right-of-way. May conduct business or operate on public property with approval from the parks and recreation director, or the planning and development director or their designee.

(iii)

Shall be limited to three per parcel unless as part of a city approved special event, farmer's market, outdoor sales/promotional event, seasonal sale, public event on private property, or a food truck court.

(iv)

Food trucks located within off-street parking spaces, not including required handicap parking spaces, shall provide a minimum of two parking spaces adjacent to the food truck to avoid obstruction of sight distance.

(v)

Vending carts shall not operate within a vehicular use area or impede the safe movement of vehicular and pedestrian traffic.

b.

Operation standards.

(i)

May operate up to 365 days per calendar year with an approved food truck tag issued by the city. The food truck tag must be displayed on the food truck at all times during operation. Violation of this Code can result in the revocation of all city issued permits pertaining to the operation of the food truck.

(ii)

Food trucks servicing a city approved special event or approved temporary use permit for a farmer's market, outdoor sales/promotional event, seasonal sale, or public event on private property, shall not require a separate temporary use permit to operate for the duration of the event.

(iii)

Food trucks shall be parked so as to require patrons to walk up to the vending window. Vendors shall not position the food truck to act as a drive-thru business nor solicit business from pedestrians on public property or persons in vehicles.

(iv)

Shall provide one trash receptacle on site during the hours of operation. All litter or debris generated within a minimum 25-foot radius of the food truck shall be collected and removed by the operator.

(v)

Outdoor seating will be allowed only if a restroom is made available to the public, with permission from the property owner, within 500 feet of the food truck. All temporary seating shall be removed when the food truck is not in operation.

(vi)

No accessory structures shall be allowed.

(vii)

Exterior lighting shall be provided to ensure the safety of patrons, and shall be so arranged so as to minimize illumination onto adjoining residential property and so as to prevent glare directed at vehicles on streets and alleys.

(viii)

One A-frame sign, as regulated within this chapter, shall be allowed during operating hours on the parcel upon which the food truck is operating. The sign shall not be placed in the public right-of-way or on public property. No additional signage shall be allowed other than exhibited on, or inside the food truck. Such signs must be secured and mounted against the food truck, and may not project more than six inches from the exterior of the food truck.

(ix)

Shall comply with the city's fats, oils and grease management program (FOG), including the location where the fats, oils and grease will be disposed of per this Code.

(x)

If connecting to city water supply, food trucks shall be equipped with a testable double check style backflow device allowing connection to public water supply.

(xi)

If connecting to city sewer or utilizing a dump station which connects to the city sewer, food trucks shall have, at a minimum, a passive grease recovery unit and provide a detailed description of the food preparation process to determine if an automatic grease interceptor will be required, in compliance with (FOG).

c.

Private catering. Food trucks may operate as a private caterer in any district in accordance with the following:

(i)

Service shall be limited to private guests of the catering event only. No walk-up customers shall be permitted.

(ii)

Payment shall occur directly between the catering event host and the food truck operator. No payment transactions shall occur for individual orders.

(5)

Garage, yard or estate sale.

a.

No person shall advertise, conduct, hold, carry on or permit any outdoor display or outdoor sale of used merchandise or other items of used personal property in any commercial district, unless such display or sale is as follows:

(i)

Antiques, used merchandise or other personal property which is part of the business's normal stock of inventory; or

(ii)

On the grounds of a dwelling used for residential purposes, permitted pursuant to subsection (b) of this section.

b.

No person shall advertise, conduct, hold, carry on or permit any home, garage, patio, yard or rummage sale on the grounds of, or within any dwelling within the city without a temporary use permit.

c.

No temporary use permit shall be issued by the planning and development director to any person or premises more often than once every 60 days, and the permit shall be subject to the limitations provided in this division; provided, however, that schools, churches and bona fide nonprofit organizations may carry on rummage sales with no restrictions as to number of or duration of the sales if the sale is held on school or church property.

(6)

Outdoor sale/promotional event. The temporary outdoor displaying of wares, including for temporary parking lot sales, shall only be permitted in the MU, CC, ENT, and D Districts within the front or side parking area by temporary use permit provided the following conditions are met:

a.

Shall be located within the confines of the retailer's owned or leased property;

b.

A sub-lessee may not occupy a parking lot for the purpose of conducting independent sales activity;

c.

Shall be located at least 25 feet from all property lines;

d.

Shall not block any sight triangle or the view of on-coming traffic;

e.

A minimum clearance width of three feet within any pedestrian way or sidewalk shall be provided;

f.

No merchandise may be placed on landscaping, or within three feet of either side of a working doorway, or within ten feet directly in front of a working doorway;

g.

Merchandise shall not be hung resulting in a clearance less than eight feet above a pedestrian way. Additionally, any display with moving parts shall not come into contact with pedestrians if there is any potential to cause harm, including movement driven by the movement of air or by mechanical or electrical means;

h.

This section shall not apply to the sale of motor vehicles, trailers or boats;

i.

Hours of operation shall coincide with the hours of operation for the principal use; and

j.

All merchandise shall be secured during nonoperational hours.

(7)

Portable storage unit.

a.

A portable storage unit may be permitted on a residential premises subject to the following:

(i)

A portable storage unit is intended to be used only for temporary storage. It is not intended to be used for long-term, on-site storage, and any such use in any zoning district is expressly prohibited.

(ii)

The outside dimensions shall not exceed 16 feet in length, eight feet in width and nine feet in height.

(iii)

The unit must be placed on a paved surface. Portable storage units are prohibited on city streets or within any street right-of-way.

b.

A portable storage unit may be placed on a nonresidential zoned premises provided:

(i)

The unit is located in a manner which does not hinder pedestrian or vehicular access to the premises, and does not obstruct intersection sight distance.

(ii)

In emergency situations, the planning and development director may extend the length of time a portable storage unit can be located on a site.

(8)

Public event on private property.

a.

These categories of temporary use may not be applied when any other temporary use standards are applicable. Event uses that include the use of public property are regulated as special events.

b.

A temporary use permit is required when the public event on private property is anticipated to displace more than ten percent of the required parking for an existing residential use, or 25 percent of the required parking for an existing nonresidential use on the site.

(9)

Recycling drop-off center.

a.

The area used for recycling activities shall be limited to 500 square feet.

b.

Recyclables may be deposited in refuse-type containers, storage igloos, kiosks or other containers.

c.

No processing of the recyclables shall take place except for the depositing of materials and the collection of materials for transport to a different recycling center or other location for sorting and processing.

d.

No household hazardous waste shall be accepted at a recycling center.

e.

The proposed recycling center cannot remove the required parking for the existing use.

(10)

Searchlight.

a.

A searchlight display is limited to two searchlights.

b.

No searchlight shall be illuminated at any time when the angle between its beam and the ground surface is less than 60 degrees, or illuminate any structure without permission from the owner.

c.

May not be located within 150 feet of a residential district.

d.

Shall only be operated between 5:00 p.m. and midnight.

e.

Shall not interfere with normal airport operations, and evidence shall be provided of FAA approval.

f.

There shall be no advertising located on any part of the searchlight or its supporting structure.

g.

Shall not pose a safety problem as determined by the planning and development director.

(11)

Seasonal sale.

a.

The use may only be located on a vacant lot, or on a lot occupied by a nonresidential use. The use shall not operate as an accessory to a principal residential use on a lot. In addition, the use shall not be located on a lot which adjoins a residential use unless the lot is located on a major thoroughfare.

b.

The use shall be located on an arterial street classification or higher.

c.

The use shall not involve or require the construction of a permanent building. A portable building may be permitted on site, and shall be removed within 48 hours of the expiration of the temporary use permit. Where required for security purposes as identified by the city, a recreational vehicle may be parked on the site for the duration of the use; the recreational vehicle used for security purposes may not be used as a residence.

d.

Goods or merchandise displayed in conjunction with a seasonal sale shall not exceed nine feet in height.

e.

Any signage which identifies the use shall be in accordance with the temporary sign standards.

f.

Five off-street parking spaces shall be provided for the use.

g.

The use, including all sale items, parking and maneuvering shall observe a setback of 25 feet from all property lines, and sale items shall not be located in the sight triangle.

h.

The operator is responsible for the removal of any vestige upon cessation of the seasonal sale, including signage.

i.

Seasonal retail fireworks sales shall additionally comply with the regulations of this chapter.

(12)

Temporary office. The authorization of a manufactured structure to be utilized in any district for commercial activities is subject to the following conditions:

a.

Generally. A valid and active building permit shall be in place for the construction of a permanent business structure or residential development. Temporary office space may be approved by the planning and development director for a period of one year or less, and may be extended while a valid and active building permit remains in place.

b.

Real estate sales office.

(i)

This use may be located in a "model home" or a portable building within the subdivision.

(ii)

The planning and development director may order the use discontinued and in no event shall such temporary use continue after subdivision sales are 90 percent complete.

(iii)

The permit shall identify specifically what is to be sold (i.e., the lots, condominium, apartment units, or dwelling units), the total number to be sold by unit type, and the specific lots and block of the development.

(13)

Temporary vehicle wash.

a.

Silt socks shall be placed as necessary to prevent the runoff of undesirable waste.

b.

Biodegradable detergents shall be used.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2018-0068, § 2, 7-10-2018; Ord. No. 2020-0083, § 2, 8-11-2020; Ord. No. 2024-0105, § 2, 12-10-2024; Ord. No. 2025-0010, § 2, 3-11-2025)

(a)

Permit required. It shall be unlawful for any person to sponsor or knowingly participate in any special event without a special event permit issued by the planning and development director to the special event sponsor.

(b)

Event levels. Staff shall determine special event levels based on the degree of impacts to the city including, but not limited to, anticipated attendance as related to the venue being used, transportation, and public safety. A special event may be determined to be either a level one, level two, or level three event based on meeting at least one of the following criteria for each category:

(1)

Level one event.

a.

Attendance at any one time is estimated to be between one and 1,000 people, and will occur on a single day; or

b.

Will create minor impacts to the surrounding areas and can be held within an existing venue or use area; or

c.

Will require minor transportation needs including minimal removal of parking spaces or rolling street closures; or

d.

Will not require public safety staffing beyond their normal operations.

(2)

Level two event.

a.

Attendance at any one time is estimated to be between 1,001 and 5,000 people, and will occur over multiple days; or

b.

Will create moderate impacts to the surrounding areas and can be held within an existing venue or use area; or

c.

Will require moderate transportation needs including removal of parking spaces or short-term street closures; or

d.

May require public safety staffing beyond their normal operations.

(3)

Level three event.

a.

Attendance throughout the event is estimated to be above 5,000 people, and will occur over multiple and consecutive days; or

b.

Will create significant impacts to the surrounding areas and cannot be held within an existing venue or use area; or

c.

Will require significant transportation needs including removal of parking spaces, a transportation mitigation plan, an off-site parking plan, or long-term street closures; or

d.

Will require public safety staffing beyond their normal operations.

(c)

Application for permit.

(1)

The application for a special event permit shall be available in the planning and development department.

(2)

The application for a special event permit shall be submitted to the planning and development director not more than 365 days, and not less than the following:

a.

Level one events shall be submitted not less than 15 days prior to the event. Exceptions may be granted at the discretion of the planning and development director.

b.

Level two events shall be submitted not less than 30 days prior to the event. Exceptions may be granted at the discretion of the planning and development director.

c.

Level three events shall be submitted not less than 90 days prior to the event. Exceptions may be granted at the discretion of the city administrator. Once staff has completed the review of the application, it shall be submitted to the board. Approval given by the board shall be in the form of a resolution, stating any specific requirements or restrictions to be followed.

(3)

The application for a special event permit shall include:

a.

The name and contact information of the applicant, and for any persons acting as sponsors of the special event who will be responsible for its conduct, staging, presentation or organizing. If the applicant is a company, corporation or civic organization, then the name of the company, corporation or civic organization, and the names of its directors and officers and their contact information shall be included.

b.

The purpose or description of the event, and the estimated number of participants or those attending.

c.

The dates the event is to be held, and the time it is to commence and terminate, including setup and shutdown times.

d.

The location of the event, including a drawing or plan showing the entire location to be utilized by the event in relation to existing buildings, location within the parcel, drive areas, layout of parking areas, and the amount of space available for off-street parking.

e.

The specific streets, or portions thereof, to be closed, if any, for the event.

f.

A plan for, and description of the use of temporary signage.

g.

A public notification plan which shall notify members of the public who might reasonably be affected by the special event. The plan may consist of notification by postcard, signage, e-mail notification, published notification or a combination thereof.

h.

Whether alcoholic beverages will be allowed, provided or sold by vendors during the event, and the plan or description for such allowance or provision for the purpose of assessing city police, finance department, and county health department responses.

i.

A plan or description for the use of lighting, music, loudspeakers, a live band, or sound system, if any, during the event, and the type and location of speakers and other audio, and lighting equipment.

j.

The name and address of the security company, if any, engaged for the event, and a description of the duties to be performed.

k.

A plan or description for fire protection for the event, including a map specifying the location of 18-foot fire lanes, water supply for fire control and the use of tents.

l.

A plan or description for emergency medical services for the special event.

m.

A plan or description for the handling of food.

n.

A plan or description for the compliance with the city's fats, oils and grease management program, including the location where the fats, oils and grease will be disposed of per this chapter.

o.

A plan for the disposal of sanitary waste and sewage for the event, including toilet facilities, and the disposal of garbage, trash and refuse.

p.

A plan or description for the use or allowance of animals during, or as a part of the event.

q.

A plan or description for compliance with the city's horse-drawn carriages for hire requirements per this chapter, including the proposed route.

r.

Compliance with this chapter relating to business licenses for the event.

s.

For events to be located upon, or require the closing or blocking of any street, alley, or road, or the use of any city-owned property or right-of-way areas, submission of an insurance policy in accordance with this chapter. The policy shall not be canceled without 30 days' written notice to the city. The city shall be the named additional insured, and the event sponsor shall execute a hold harmless agreement indemnifying the city.

t.

Any additional information which the planning and development director shall find reasonably necessary to make a fair determination as to whether a permit should be issued.

(d)

Issuance of permit; conditions; transfer; expiration.

(1)

Special event permits shall be granted or denied by the planning and development director, unless approval is required from the board under this section, and shall contain terms and conditions as may be deemed necessary to ensure a neat, safe and orderly event in accordance with the terms of this section. Such terms may include specific locations in which possession and consumption of alcoholic beverages will be confined, and regulations concerning prohibited noises.

(2)

Special event permits are not transferable, and shall expire at the close of the last date of the event for which the permit has been issued. Failure of the sponsors of the event to comply with the terms and conditions of a special event permit and the applicable ordinances and laws of the state shall immediately void the permit.

(3)

The planning and development director shall issue a special event permit as provided for in this section when, from a consideration of the application, upon the approval of the applicable city departments, including, without limitation, fire, police, and finance, and approval of the county health department, and from such other information as may otherwise be obtained, he finds that:

a.

The conduct of the event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location unless approved by the police chief;

b.

The conduct of the event will not require the diversion of so great a number of police officers of the city to properly police the event and the areas contiguous thereto as to prevent police protection to the city unless approved by the police chief;

c.

The conduct of such event will not require the diversion of so great a number of ambulances or emergency medical services not otherwise provided for by the event sponsor as to prevent normal ambulance and emergency medical service to portions of the city other than that to be occupied by the proposed event and areas contiguous thereto;

d.

The concentration of persons, animals and vehicles at the location of the event will not unduly interfere with proper fire and police protection or ambulance and emergency medical services to the area of the event and the areas contiguous thereto unless approved by the fire chief and police chief;

e.

The conduct of such event will not interfere with the movement of firefighting equipment en route to a fire unless approved by the fire chief;

f.

The conduct of the event, as provided for by the submitted application and plans, is not reasonably likely to cause or create any significant public health risks unless approved by the county health department;

g.

The conduct of the event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance beyond the capacity of the police department to protect the general public or those participating in the event; and

h.

Verification that the information contained in the permit application by the event sponsor is true and does not omit any material detail for the consideration of the factors listed in this section.

(e)

Notice of denial of permit; appeal procedure.

(1)

The planning and development director shall act upon the application for a special event permit within ten business days after the date filed. If the planning and development director disapproves the application, the denial shall be mailed to the applicant, within ten business days after the date upon which the application was filed, a notice of the action, stating the reasons for the denial of the permit.

(2)

Any disapproval of a special event permit application must first be reviewed by the city administrator.

(3)

Any person aggrieved by the decision of the planning and development director shall have the right to appeal the denial of a special event permit to the board. The appeal shall be filed with the city clerk no later than 30 days after the date of the notice issued by the planning and development director. The board shall hear the appeal of the applicant as an agenda item at a board meeting, not to exceed 30 days after its receipt by the city clerk.

(f)

Alternative permit. The planning and development director, in denying an application for a special event permit, may issue an alternative event permit for the conduct of the event on a date, at a time, at a place or in a manner different from that named by the applicant. Any applicant desiring to accept an alternate permit shall, within five business days after notice of the action of the planning and development director, file a written notice of acceptance with the planning and development director. An alternative special event permit shall conform to the requirements of, and shall have the effect of, a special event permit under this chapter.

(g)

Modification or rescission of permit.

(1)

The planning and development director may modify or rescind any special event permit for good cause, including, but not limited to:

a.

A determination that any representation or statements by the event sponsor contained in the event permit application are false or misleading in any material detail.

b.

A determination of noncompliance by the event sponsor of any terms or conditions of the permit.

c.

A determination that the event as applied for and described upon the submitted plans may pose an immediate threat to public health, welfare or safety due to reasons including, but not limited to, weather conditions, overcrowding, traffic considerations, or violations of this Code or the laws of the state by the event sponsor.

d.

A determination that the event sponsor is in violation of any ordinance.

(2)

The appeal from the decision to modify or rescind a special event permit by the planning and development director shall proceed in accordance with this section, relating to the issuance of notifications, times and procedures to be followed.

(h)

Responsibility for expenses incurred by city. The special event sponsors, and any other individuals or organizations named in the permit, may be responsible for any expenses incurred by the city as a result of their event. The city may require a deposit or bond prior to the issuance of a special event permit.

(i)

Period of operation; duration.

(1)

Events shall take place only between the hours of 7:00 a.m. and 11:00 p.m., Sunday through Thursday, and 7:00 a.m. and 11:59 p.m., Friday through Saturday. Exceptions may be granted at the discretion of the director of planning and development or board.

(2)

Permits shall be valid for a maximum of five days within a consecutive 14-day period. A repeat special event shall not occur more frequently than once every 60 days. Exceptions may be granted at the discretion of the planning and development director or the board.

(j)

Duty to restore event location.

(1)

Special event sponsors shall be responsible for the cleaning and restoration of the location the event occupies, or causes debris or litter upon, within 48 hours of the conclusion of the event, or at such other time as may be set forth in the permit, to the condition which existed prior to the event, and shall provide waste disposal receptacles and toilet facilities for use of those attending the event.

(2)

Special event sponsors may be required to submit to the planning and development director a deposit for the cleaning and restoration of areas adjacent to the special event location by the public works department.

(k)

Exempt events. Any event sponsored by the city, as well as any emergency services program, military exercise simulation, funeral process, picketing, training drill, activities held inside a building or facility intended for such activities, or any governmental agency acting within the scope of its functions, shall be exempt from complying with the requirements of this chapter.

(l)

Temporary events. Any activity or event defined as a temporary event, or regulated in this chapter, shall not be considered a special event.

(m)

Event advertising.

(1)

Event signage shall comply with this chapter.

(2)

Temporary signage shall be installed for a maximum of seven days prior to the special event, in addition to the days of the special event, and a maximum of two days after the special event. Each special event may have a maximum of 20 off-premises yard signs and ten off-premises banner signs.

(Ord. No. 2018-0030, § 2, 4-10-2018; Ord. No. 2019-0131, § 2, 9-24-2019; Ord. No. 2020-0156, § 2, 11-10-2020)