Buckner City Zoning Code
ARTICLE III
Additional District Provisions
Section 400.200 Conditions of a More Restricted District.
[R.O. 2003 §400.180; Ord. No. 392 Art. III §1, 11-5-1981]
Whenever the specific district regulations pertaining to one (1) district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified.
Section 400.210 Open Space.
[R.O. 2003 §400.190; Ord. No. 392 Art. III §2, 11-5-1981]
A.
No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.
1.
Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed one (1) foot. Open porches may project into a front or rear yard a distance not to exceed five (5) feet.
2.
Where the dedicated street right-of-way is less than sixty (60) feet, the depth of the front yard shall be measured starting at a point thirty (30) feet from the center line of the street easement.
3.
No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet and have a width of at least fifty (50) feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.
4.
No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this Chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.
5.
On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth having a height in excess of three (3) feet above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of thirty (30) feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection.
Section 400.220 Height.
[R.O. 2003 §400.200; Ord. No. 392 Art. III §3, 11-5-1981]
A.
The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article II.
1.
In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment shall be counted as a half (1/2) story.
2.
Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.
3.
Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed height limit.
Section 400.230 Group Housing Projects.
[R.O. 2003 §400.210; Ord. No. 392 Art. III §5, 11-5-1981]
In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this Chapter to the individual buildings in such housing project, then the application of such requirements to such housing project shall be done by the Board of Aldermen in a manner that will be in harmony with the character of the neighborhood, will insure a density of land use no higher and a standard of open space at least as high as required by this Chapter in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which does not conform to the requirements of the district in which the housing project is located.
Section 400.240 Animals.
[R.O. 2003 §400.220; Ord. No. 392 Art. III §4, 11-5-1981]
Animals in any district shall be kept only in accordance with the ordinances of the City of Buckner.
Section 400.250 Storage of Liquefied Petroleum Gases.
[R.O. 2003 §400.230; Ord. No. 392 Art. III §6, 11-5-1981]
The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum gases shall be in accordance with the Code of the City of Buckner.
Section 400.260 Mobile Home Park Regulations.
[R.O. 2003 §400.240; Ord. No. 392 Art. III §7, 11-5-1981]
Mobile home parks shall be constructed in accordance with the requirements for the planning and improvements as set forth in Chapter 3, FHA G 4200.7, Mobile Home Court Development Guide, January 1970, or subsequent amendments thereto, United States Department of Housing and Urban Development and with the Code of the City of Buckner.
Section 400.270 Mobile Homes, Trailer Homes and Travel Trailers Prohibitions.
[R.O. 2003 §400.250; Ord. No. 392 Art. III §8, 11-5-1981]
No individual, person, or corporation or other entity shall permanently install or place in any zoning district in the City of Buckner a mobile home, trailer home, or travel trailer to be used as a residence. An RV may be placed on a temporary basis not to exceed thirty (30) days.
Section 400.280 Swimming Pool Regulations.
[R.O. 2003 §400.260; Ord. No. 392 Art. III, §9, 11-5-1981; Ord. No. 767 §2 8-2-2007]
A.
All private permanent (an object that is placed in an area intending not to be moved for twelve months or more without disassembling said object) and temporary (an object that is placed in an area for less than twelve (12) months and then disassembled and removed) swimming pools constructed in any district shall conform to the following provisions:
1.
All gates shall be equipped with a secure locking device and locked when not in use.
2.
There shall be a fence around all swimming pools having a height of not less than forty-eight (48) inches and of chain link or vertical board construction.
3.
No portion of a swimming pool outside a building shall be located at a distance less than eight (8) feet from any side or rear property or building line. Pumps, filters, and pool water disinfecting equipment shall be located at a distance not less than eight (8) feet from any side property line.
4.
There shall be a permit required (the fee as set forth in the IBC codes as adopted by the City of Buckner, Missouri, in Chapter 500, as it may be amended from time to time) for construction, installation, enlargement or alteration of a permanent swimming pool.
5. SWIMMING POOL
Definitions. As used in this Section, the following terms shall have the meaning indicated:
A receptacle for water, or an artificial pool of water having a depth at any point of more than two (2) feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment. (Public swimming pools are excepted.)
Section 400.285 Standards For Medical Marijuana Uses.
[Ord. No. 1025, 6-20-2019]
A.
No building shall be constructed, altered, or used for a medical marijuana use without complying with the following regulations.
1.
Buffer Requirement. No medical marijuana use shall be located within one thousand (1,000) feet of then existing elementary or secondary schools, licensed child care centers, or churches, except when the aforementioned uses establish themselves within the prohibited distance, the medical marijuana facilities may remain. Measurements shall be made in a straight line, without regard to intervening structures, from the nearest point on the exterior building wall of the school, child care center, or church, to the nearest exterior building wall of the building containing the medical marijuana use or the property line of an outdoor medical marijuana cultivation facility.
2.
Outdoor Operations Or Storage Prohibited — Exception. Except for outdoor medical marijuana use, the operations and all storage of materials, products, or equipment for all other medical marijuana use shall be within a fully enclosed building.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of medical marijuana use.
4.
Hours Of Operation. All medical marijuana use shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
5.
Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
6.
Residential Dwelling Units Prohibited. No medical marijuana use shall be located in a dwelling, dwelling single-family, or dwelling two-family.
7.
Ventilation Required. All medical marijuana use shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business and place of home cultivation. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility or place of home cultivation is located.
8.
Site Plan Review Required. A site plan shall be submitted for review and approval by the City of Bucker Building Official. The site plan shall include a description of the ventilation system to be used to contain odors within the building. The site plan shall also show distances between the nearest school, child care center, or church to the medical marijuana use as set forth in Section 400.285.