Any of the following uses and only those following uses may be located in any district by special use permit, issued by the city council after public hearing and under such conditions as the city council may impose as to its improvements, signs, time limit and other considerations in the interest of the public welfare. Such special use permit may not be issued, however, until a public hearing is held by the commission and a recommendation by that body submitted to the city council. Such special use permits shall be approved only after determination that the establishment of such use will conform to the intent and purpose of this chapter, that neighboring property will not be unnecessarily injured and that substantial justice is done. The uses shall comply with the height and area regulations in the district in which they are located, except that radio towers, drive-in theater screens and public utility structures may exceed such height requirements.

Any special use permit granted under this section shall automatically be revoked if the real estate is not being used for the permitted use for a period of one year. Failure to purchase a merchants license or business license, for those businesses required to purchase such a license, shall be prima facia evidence of cessation of the permitted use.

(1)

Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or fairgrounds.

(2)

Aviation fields or airports.

(3)

Cemeteries, mausoleums, or crematories for the disposal of the human dead.

(4)

Golf driving ranges, commercial or illuminated.

(5)

Quarries, mines, sand or gravel pits or excavations for the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel or similar materials, provided, however, that no permit shall be issued until and unless the site location and plan of operation, including necessary structures, has been submitted to and approved in writing by the council, which permit shall be for a limited period of time not to exceed five (5) years.

(6)

Radio towers under such safeguards as the council may require.

(7)

Reservoirs, wells, towers, filter beds, or water supply plants.

(8)

Riding stables and tracks.

(9)

Motels or motor hotels.

(10)

Building or the use of premises for public utility purposes or public service corporations, which building or uses the council deems reasonably necessary for public convenience or welfare.

(11)

Trailer courts and mobile home parks subject to the following minimum standards:

a.

Each trailer shall be located on a separate lot having a width of not less than fifty (50) feet and a length of not less than eighty (80) feet and such lot shall have an area of not less than four thousand (4,000) square feet.

b.

Each trailer lot shall have connection to a sanitary sewer system or septic tank approved by the state water pollution board, and to a pure and safe water supply.

c.

The minimum distance between trailers shall be twenty-five (25) feet and no trailer shall be located closer than thirty (30) feet to a court property line.

d.

At least one hundred (100) square feet of playground area shall be provided for each trailer lot, other than the area of the trailer lot itself, except that no playground shall have an area of less than twenty-five hundred (2,500) square feet.

e.

All streets, drives and walks in the court shall be surfaced with an asphaltic concrete or portland cement concrete pavement.

(12)

Day care centers or day care schools.

(13)

Bed and breakfast facilities subject to the following minimum standards:

a.

A bed and breakfast shall be considered to be a single-family residential structure and shall not be treated as a hotel. A bed and breakfast shall not operate as a restaurant unless zoned and licensed to do so.

b.

A bed and breakfast shall be owner-occupied. One (1) outside employee will be allowed to operate the business.

c.

The provisions of this section shall not be interpreted to affect locating zoning, fire safety, or housing regulations.

d.

A bed and breakfast shall serve breakfast at no extra cost to its tenants.

e.

A bed and breakfast shall conform to all federal, state and local laws and regulations concerning health, safety, licensing, nondiscrimination or any other applicable law or regulations.

f.

A bed and breakfast shall have a working smoke detector in every sleeping room and a fire extinguisher in proper working order on every floor. No significant or substantial landscaping or structures shall be removed to provide the required parking.

g.

A site plan of the property and a building floor plan shall be submitted with the application for special use permit showing entryways, guest rooms location, existing, location of smoke detectors, fire extinguishers, etc.

h.

One (1) nonilluminated sign, no longer than four (4) square feet, is permitted for each bed and breakfast facility.

i.

The council of the city may revoke any special use permit granted under this section for violation of any condition of the permit or if the facility shall become a nuisance to the community in which it is located.

j.

Bed and breakfast facilities shall also be subject to any other conditions set by the city council.

k.

All bed and breakfast facilities shall contain a minimum of three thousand five hundred (3,500) square feet of living area.

(14)

Nonskilled residential care facilities subject to the following minimum standards:

a.

Must be duly licensed and inspected by the State of Missouri.

b.

The structure shall comply with all local building, fire safety, and existing Structure Codes of the City of Carthage.

c.

The special use permit will be issued for a term of two (2) years to be renewable upon re-evaluation by the council.

d.

The council may revoke any special permit granted under this section for violations of any condition of the permit, or if the facility shall become a nuisance to the community in which it is located.

(15)

Nonprofit, mainly philanthropic, organizations dedicated to the expansion, promotion, and the study of the humanities, subject to the following minimum standards:

a.

One (1) nonilluminated sign, no larger than four (4) feet square, shall be permitted.

b.

A floor plan of all structures on the site must be submitted with the application for a special use permit, showing entryways and exits, all rooms including storage and bathrooms, and the location of smoke detectors, fire extinguishers, or any other fire protection devices or equipment.

c.

All structures located on the site shall comply with all local building, fire safety, and existing structure codes of the City of Carthage.

d.

The council may revoke any special use permit granted under this section for violations on any condition of the permit, or if the facility shall become a nuisance to the community in which it is located.

(16)

One (1) licensed operator beauty shop.

(17)

Pet cemeteries for the disposal of dead domestic animals.

(18)

Restaurants selling liquor by the drink provided that at least sixty (60) percent of their gross income is derived from the sale of prepared meals or food.

(Code 1978, § 405.140; Ord. No. 6386, § 1, 1-29-92; Ord. No. 6622, § 1, 7-12-94; Ord. No. 6655, § 1, 10-11-94; Ord. No. 98-75, § I, 11-24-98; Ord. No. 99-71, § IV, 9-16-99; Ord. No. 06-26, § I, 4-11-2006; Ord. No. 06-32, § I, 4-25-2006)

The placing of mobile homes, house trailers or manufactured homes on any individual lot within the city shall henceforth be prohibited, except that mobile homes, house trailers or manufactured homes shall be permitted on trailer parks provided such trailer parks are properly licensed and located in a properly zoned area.

(Code 1978, § 405.150; Ord. No. 97-7, § I, 2-25-97)

(a)

In this section "recreational vehicle" means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use.

(b)

No person shall occupy any recreational vehicle for residence purposes anywhere in the city except in a duly established trailer park, or except in an established camping area within the city for a period in excess of twenty-eight (28) days.

(Code 1978, § 405.155)

(a)

As used in this section "group homes" means any residential home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside; further, and pursuant to RSMo section 89.020.2, such home may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

(b)

The exterior appearance of any group home shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood in which it is located.

(c)

Any such group home shall not be located closer than one thousand three hundred twenty (1,320) feet from any other group home.

(Ord. No. 6409, § 1, 4-14-92)

(a)

Job site construction trailers shall be allowed to remain on a construction site only for the duration of construction activities. The primary contractor or the owner of the trailer shall have it's company name clearly affixed to at least one (1) side of said trailer, with large enough text or logo which can be clearly read from the adjacent street.

(b)

Reserved.

(Ord. No. 97-5, § II, 2-11-97)

Except as specifically stated otherwise, this division applies to district A.

(Ord. No. 99-71, § VI, 9-16-99)

In district A no building, structure, land or premises shall be used, and no building or structure shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Dwelling; one (1) family.

(2)

Churches and community centers.

(3)

Public parks and public playgrounds, public golf courses, (except miniature golf courses, driving ranges and other similar activities operated as a business), public recreation buildings and public museums.

(4)

Public schools, elementary and high, and private schools with curriculum equivalent to that of a public elementary or high school, and institutions of higher learning, including stadiums and dormitories in conjunction, if located on the campus.

(5)

Public administrative buildings, public libraries, police stations and fire stations.

(6)

Railroad rights-of-way, not including railroad yards.

(7)

Agriculture, nurseries, track gardens, and residential greenhouses for the propagation and cultivation of plants; provided that no obnoxious fertilizer is stored upon the premises; and no obnoxious soil or fertilizer renovation is conducted thereon, and provided that such activities remain incidental to residential living.

(8)

Accessory uses, customarily incident to the above uses and located on the same lot therewith, not involving the conduct of a business or industry.

a.

The term accessory use shall include customary home occupations, such as the office of physician, chiropractor, dentist, surgeon, dressmaker, musician, artist, day care home, or dog grooming shops, but not including shops for retail sales, under the following restrictions:

1.

That such uses are located in the dwelling used by a person as his or her private residence.

2.

That no assistant other than a member of the family household is employed, and no window display or sign, either illuminated or more than one (1) square foot in area is used to advertise the same.

b.

A billboard, signboard, or advertising sign shall not be permitted as an accessory use, except that the placing of an unilluminated "For Sale" or "For Rent" sign not more that eight (8) square feet in any area may be permitted as an accessory use and except that churches and institutions may display signs showing names, activities and services therein provided, and that during construction of a building one (1) unilluminated sign advertising contractors or architects or such building shall be permitted, providing such sign shall not be more than eight (8) square feet in area, and shall be set back of the established or customary building line, and such sign shall be removed immediately upon completion of the building.

c.

Private detached garages and storage buildings provided that said buildings are located no less than sixty (60) feet behind the front property line; no less than three (3) feet from any side lot line; and in the case of corner lots, not less than the distance required for residences from side streets.

d.

Temporary real estate sales office, located on property being sold, and limited to period of sale, but not exceeding two (2) years without special permit from the board.

e.

Recreation and service buildings in a public park or playground.

(9)

Group care residences, in accordance with RSMo section 205.968, as amended, and operated in accordance with RSMo sections 205.969 and 205.970 as amended, and licensed in accordance with the requirements stated therein.

(Ord. No. 99-71, § VI, 9-16-99)

In district A the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted on any lot, shall be as follows:

(1)

Height. No building shall exceed forty (40) feet or three (3) stories.

(2)

Front yards. Any building hereafter constructed shall provide for a front yard, the minimum depth of which shall be at least twenty-five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet.

(3)

Side yards. There shall be a side yard on each side of a building not less than ten (10) percent of the width of the lot. Such side yard shall be not less than four (4) feet, and need not be more than six (6) feet. Buildings on corner lots, where interior lots have been platted or sold, fronting on the side street, may project not more than ten (10) feet in front of the line established for buildings by the front yard requirements for the interior lots on the side street, provided this regulation shall not be so interpreted as to reduce the buildable width of a corner lot in separate ownership at the time of the passage of this chapter, to less than twenty-eight (28) feet, and provided that the side yard regulations above shall be observed.

(4)

Rear yards. The depth of the rear yard shall be at least thirty (30) percent of the depth of the lot, but such depth need not be more than thirty (30) feet.

(5)

Width of lot. The minimum width of a lot shall be fifty (50) feet, provided that where a lot has less width than herein required in separate ownership at the time of the passage of this chapter, this regulation will not prohibit the erection of a one-family dwelling and providing further that where a lot has less width than required, but has six thousand (6,000) square feet or more and has been described in a plat only acceptable by the city council prior to the passage of this chapter, this regulation will not prohibit the erection of a one-family dwelling.

(6)

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than six thousand (6,000) square feet per family, provided that where a lot has less area than herein required in separate ownership at the time of the passage of this chapter, this regulation shall not prohibit the erection of a one-family dwelling.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district B.

(Ord. No. 99-71, § VI, 9-16-99)

In district B no building, structure, land or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A.

(2)

Two-family dwellings.

(3)

Accessory uses as provided in district A.

(Ord. No. 99-71, § VI, 9-16-99)

In this district B the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows:

(1)

Height. The height provisions for district A apply.

(2)

Yards. The yard requirements for district A apply.

(3)

Side yards. The side yard requirements for district A apply, including regulations for corner lots adjacent to reverse frontage.

(4)

Rear yards. The rear yard requirements for district A apply.

(5)

Width of lot. The width of lot requirements for district A apply.

(6)

Lot area per family. Every dwelling hereafter erected or altered shall provide a lot area of not less than six thousand (6,000) square feet per family for one-family dwelling or three thousand (3,000) square feet per family for two-family dwellings, provided that where a lot has less area than herein provided, in separate ownership, at the time of this chapter, this regulation shall not prohibit the erection of a one-family dwelling.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district C-1.

(Ord. No. 99-71, § VI, 9-16-99)

In district C-1 no building, structure, land or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A and district B.

(2)

Garden apartment buildings.

(3)

Customary accessory uses located on the premises and not involving the conduct of a business or industry.

(Ord. No. 99-71, § VI, 9-16-99)

In this district C-1 the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows, except that one-and two-family dwellings in this district shall conform to the regulations of district B.

(1)

Height. No building shall exceed two (2) stories in height.

(2)

Open space.

a.

No portion of a building or structure shall be located closer than fifteen (15) feet to a side or rear property line, except garages may be located within three (3) feet of a property line which is the rear line of an abutting lot or lots.

b.

No portion of a building or structure shall be located closer than thirty (30) feet to a street line.

c.

No parking area shall be located closer than six (6) feet to a property line nor closer than thirty (30) feet to a street line.

d.

In no case shall a building or buildings cover more than twenty-five (25) percent of the area of the lot or street.

e.

No two (2) buildings, or opposite portions of a building around a court shall have a closer relationship than the following:

1.

Back of dwelling unit to back of dwelling unit, sixty (60) feet.

2.

Front of dwelling unit to front of dwelling unit, seventy-five (75) feet.

3.

End to end, twenty (20) feet.

4.

Corner to corner, fifteen (15) feet.

5.

End to back of dwelling unit, fifty (50) feet.

6.

End to front of dwelling unit, fifty (50) feet.

7.

No dwelling unit shall face directly upon the rear of another dwelling unit.

(3)

Lot area per family.

a.

Every apartment house hereafter erected or altered shall provide a lot area of not less than two thousand four hundred (2,400) square feet per family. For single-family and two-family dwellings, lot area shall be provided as required in district B.

b.

A garden apartment project shall be planned and developed only on a lot or tract under single ownership or unified control.

c.

Suitable playground space shall be provided at the ratio of two hundred (200) square feet of playground for each dwelling unit. All drying yards, parking areas, unsightly service area, and accessory uses shall be adequately screened from abutting property; the materials design and location of said screens to be approved by the commission. Ample access to all parts of the premises for four-wheeled emergency equipment shall be provided.

d.

All garden apartment buildings shall be so arranged or grouped as to have a reasonable widely spaced distribution over the entire premises. In addition, the buildings shall be so arranged that maximum light, air and open space will be available to each dwelling unit. Playground and parking space shall be so located as to best serve the entire project. All garden apartment buildings shall be of new construction; no buildings may be moved or altered for use as garden apartments.

e.

Plans for the project shall be submitted for review and approval by the commission before the issuance of a building permit. Submission of plans shall include the following:

1.

Accurate plan at a suitable scale showing the project property lines, topography, location of property lines of all abutting property and any building located thereon. Widths of all abutting streets and pavements shall be indicated.

2.

Accurate plan at a suitable scale showing the proposed location of buildings, playgrounds, parking areas, drives and accessory uses.

3.

Accurate plan showing proposed drainage system, including capacities.

4.

Preliminary plans and elevations of the proposed building or buildings.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district C.

(Ord. No. 99-71, § VI, 9-16-99)

In district C no building, structure, land or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A and district B.

(2)

Apartment houses or multiple dwellings, including townhouses and condominiums.

(3)

Boarding and lodging houses.

(4)

Fraternity or sorority houses and dormitories.

(5)

Apartment hotels.

(6)

Hospitals, clinics, sanitariums or homes for convalescents or aged.

(7)

Private clubs or fraternal orders.

(8)

Philanthropic or eleemosynary institutions, other than penal institutions.

(9)

Accessory uses customarily incident to any of the above uses, and located on the same lot therewith, not involving the conduct of a business or industry.

a.

No business occupation or service connected with motor vehicles, except washing shall be permitted.

(10)

Retirement homes.

(11)

Shelters.

(Ord. No. 99-71, § VI, 9-16-99)

In this district C the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows:

(1)

Height. No building shall exceed one hundred (100) feet.

(2)

Front yards. Any building hereafter constructed shall provide a front yard the minimum depth of which shall be at least twenty-five (25) percent of the depth of the lot, but the depth of such front yard need not be more than twenty-five (25) feet.

(3)

Side yards. The side yard requirements for district A apply, including regulations for corner lots adjacent to reverse frontage, provided the width shall be increased one (1) inch for each foot of height of building above thirty-five (35) feet.

(4)

Rear yards. The depth of the rear yard shall be at least twenty-five (25) percent of the depth of the lot, but such depth need not be more than twenty-five (25) feet.

(5)

Width of lot. The width of lot requirements for district A apply.

(6)

Lot area per family. Every building or portion of building hereafter erected or altered, shall provide a lot area of not less than one thousand (1,000) square feet per family, but in no case shall total lot area be less than six thousand (6,000) square feet.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district O.

(Ord. No. 99-71, § VI, 9-16-99)

In district O no building, structure, land or premises shall be used, and no building or structure shall be herein after erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Office building to be used only for the administrative functions of companies, corporations, social or philanthropic organizations or societies.

(2)

Other office, limited to the following:

a.

Accountants.

b.

Architects.

c.

Brokers.

d.

Engineers.

e.

Dentists.

f.

Lawyers.

g.

Physicians, osteopaths, chiropractors.

h.

Real estate.

i.

Insurance.

(3)

Customary accessory uses, including signs as provided in section 25-552. No merchandise shall be handled or displayed, and no equipment, material or vehicle other than motor passenger cars shall be stored outside a building in this district.

(Ord. No. 99-71, § VI, 9-16-99; Ord. No. 00-71, § I, 9-26-2000)

In district O the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per family permitted upon any lot shall be as follows; provided that buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirement of district A:

(1)

Height. The height provisions for district A apply.

(2)

Front yards. The yard requirements for district A apply.

(3)

Side yards. The side yard requirements for district A apply.

(4)

Rear yards. The rear yard requirements for district A apply.

(5)

Lot area per family. The lot area per family requirement for district C apply.

(6)

Lot width. Lots shall be at least fifty (50) feet in width.

(Ord. No. 99-71, § VI, 9-16-99)

No merchandise shall be handled or displayed, and no equipment, material or vehicle other than motor passenger ears shall be stored outside a building.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district D.

(Ord. No. 99-71, § VI, 9-16-99)

In district D no building, structure, land or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A, B, or C.

(2)

Assembly halls.

(3)

Automobile parking lots.

(4)

Automobile or trailer sales rooms or yards, other than premises where used vehicles are dismantled or used parts sold.

(5)

Bakeries employing not more than five (5) persons on the premises.

(6)

Banks.

(7)

Barber and beauty shops.

(8)

Bicycle repair shops.

(9)

Cleaning, pressing and dyeing establishments, employing not more than five (5) persons on the premises, provided that only nonexplosive cleaning fluids shall be used.

(10)

Convenience stores and filling stations, automotive where motor fuel is sold, provided all storage tanks for gasoline shall be below the surface of the ground.

(11)

Dance studios, radio and television studios, art studios, and photographic studios.

(12)

Electric substations.

(13)

Frozen food lockers for individual or family use.

(14)

Garages, repair (public) except that in public repair garages no repair facilities or activities shall be maintained outside of the building or in the front portion of the first story of the building within thirty (30) feet of the front of the building and no body or fender repairs shall be conducted on any premises adjacent at the side or rear to a district A, B, or C.

(15)

Garages (storage).

(16)

Greenhouses (commercial).

(17)

Hotels and motels.

(18)

Ice houses for storage and sale of ice at retail only.

(19)

Laundries (coin operated) and dry cleaning.

(20)

Laundries employing not more than five (5) persons on the premises.

(21)

Lodge halls.

(22)

Miniature golf courses.

(23)

Monument works.

(24)

Mortuaries.

(25)

Movie theaters, live theaters, or dinner theaters.

(26)

Offices.

(27)

Photographic printing shops.

(28)

Plumbing, heating, air conditioning and electrical contracting shops.

(29)

Printing shops, including offset printing and electronic printing provided the total mechanical power used in the operation of such printing plant shall not exceed five (5) horsepower.

(30)

Radio and television shops and household appliance repair shops.

(31)

Restaurants, cares or cafeterias, excluding dancing, entertainment, or provision for sale or consumption of liquor.

(32)

Schools operated as a business.

(33)

Shoe repair shops.

(34)

Shops for custom work, or the manufacture of articles to be sold at retail only on the premises, provided that in such manufacture the total mechanical power shall not exceed five (5) horsepower for the operation of any one (1) shop and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50) percent of the total floor area of the entire building or the equivalent of the ground floor area thereof, and provided further that such manufacturing use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.

(35)

Signs (advertising) when the same advertise only services, articles or products which are offered within the building, to which the sign is attached, or on the premises on which the sign is located.

(36)

Skating rinks.

(37)

Stores, shops and markets for retail trade, except retail sales of building materials; hardware; paint and paint supplies; and plumbing supplies and fixtures.

(38)

Tire shops.

(39)

Accessory uses customarily incident to any of the above uses, including air conditioning plants and ice and refrigeration plants purely incidental to a main activity permitted on the premises, and when operated by electricity.

(Ord. No. 99-71, § VI, 9-16-99; Ord. No. 14-54, § II, 11-12-2014)

In this district D the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows. Buildings erected exclusively for dwelling purposes shall comply with the front, side and rear yard requirements of district C.

(1)

Height. No building shall exceed thirty-five (35) feet, or two and one-half (2½) stories, except that where a district D joins a district C within the same block, the height may be increased to forty-five (45) feet or three (3) stories within the block.

(2)

Yards. The front yard shall be at least fifteen (15) feet, except that it need be of no greater depth than the least depth established by existing buildings in a district D within the same block and except that where a portion of a district D lies within the same block and fronts upon the same street with a portion of a district A, B, or C and no lot within said district D is occupied by a building with a front yard of less depth than that required in that portion of a district A, B, or C adjoining, then in such case the front yard requirements of such adjoining district A, B, or C, shall likewise be applicable to such portion of district D.

(3)

Side yards. No side yard is required except that where a side line of a lot in this district abuts upon the side line of a lot in district A, B or C.

(4)

Rear yards. The depth of the rear yard shall be at least twenty (20) percent of the depth of the lot, but such depth need not be more than twenty (20) feet, except that on a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a district A, B, or C.

(5)

Width of lot. The minimum width of a lot shall be fifty (50) feet, if used exclusively for uses enumerated in districts A, B, and C, except as otherwise provided in district A. For other uses the width may be less.

(6)

Lot area per family. Every building or portion of building hereafter erected, altered or used for dwelling purposes, shall provide a lot area of not less than one thousand (1,000) square feet per family, but in no case shall such total lot area be less than six thousand (6,000) square feet.

(Ord. No. 99-71, § VI, 9-16-99)

Except as specifically stated otherwise, this division applies to district E.

(Ord. No. 99-71, § VI, 9-16-99)

In district E no building structure, land or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A, B, C, or D.

(2)

Any retail business or use not included in districts F and G, provided that such use is not noxious or offensive by reason of vibrations, noise, odor, dust, smoke or gas.

(3)

Armories.

(4)

Beer gardens, bowling alleys, dance halls, shooting galleries; restaurants, cafes and cafeterias that provide for dancing or entertainment; taverns, nightclubs and similar commercial recreation buildings or activities providing however, that the same shall not be less than two hundred (200) feet from any existing clinic, hospital, school or church; and shall not be less than two hundred (200) feet from a district A to C inclusive, unless approved by the board under such restrictions as seem appropriate after consideration of noise and other detrimental factors incident to such use.

(5)

Billiard halls.

(6)

Bus stations.

(7)

Farm machinery, sales rooms and service department.

(8)

Hospitals for small animals such as dogs and cats.

(9)

Garages, repair (public).

(10)

Gymnasiums (commercial).

(11)

Marijuana and medical marijuana dispensary facility.

(12)

Newspaper publishing plants.

(13)

Radio and television broadcasting stations except towers.

(14)

Recreational vehicle parks or camping areas.

(15)

Restaurants, cafes, cafeterias, that provide for the sale or consumption of intoxicating beverages.

(16)

Storage or warehouse for materials such as clothing, drugs, dry goods, building materials, hardware, paint and paint supplies, plumbing supplies and fixtures, furniture, groceries, glass, household goods, liquor or wines, when incidental to retail sales on the premises.

(17)

Swimming pools (commercial).

(18)

Wholesale sales offices and sample rooms.

(19)

Accessory uses customarily incident to any of the above uses.

(20)

Tattoo establishment: Any building, structure or facility which contains or is used for the purpose of placing a permanent mark or design on the human skin by process of pricking and staining with an indelible pigment.

(Ord. No. 99-71, § VI, 9-16-99; Ord. No. 07-53, §§ I, II, 11-27-07; Ord. No. 18-12, § III, 3-27-2018; Ord. No. 19-33, § II, 7-23-2019; Ord. No. 23-15, § 1(Exh. A), 2-28-2023)

In district E the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows; provided that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of district C.

(1)

Height. No building shall exceed forty-five (45) feet or three (3) stories, except that buildings may be erected to a height not to exceed one hundred (100) feet or eight (8) stories in an area described as follows: Beginning at a point on the east line of the alley between McGregor Street and Garrison Avenue two hundred (200) feet north of the line of Central Avenue; thence east on a line parallel to Central Avenue to the west line of the alley between Maple Street and Garrison Avenue; thence south on said west line to a point one hundred and fifty (150) feet north of the north line of Central Avenue; thence east parallel to the north line of Central Avenue to the west line of the alley between Maple Street and Main Street; thence south on said west line to the south line of Central Avenue; thence east on said south line to the west line of the alley between Lyon Street and Main Street; thence south on said west line to the south line of Second Street; thence east on the south line of Second Street to the west line of Howard Street; thence south on the west line of Howard Street to the north line of Third Street; thence west on the north line of Third Street to the west line of the alley between Grant Street and Howard Street projected; thence south on said west line to a point one hundred (100) feet north of the north line of Fourth Street; thence east on a line parallel to the north line of Fourth Street to a point one hundred (100) feet east of the east line of Clinton Street; thence south parallel to the east line of Clinton Street to the north line of Fourth Street; thence west on the north line of Fourth Street to the west line of Lincoln Street; thence south on the west line of Lincoln Street to a point one hundred (100) feet south of the south line of Fourth Street; thence west on a line parallel to the south line of Fourth Street to a point one hundred (100) feet west of the west line of Howard Street; thence south on a line parallel to the west line of Howard Street to the north line of East Chestnut Street; thence west on the north line of East Chestnut Street to the east line of Grant Street; thence north on the east line of Grant Street to the north line of Seventh Street projected; thence west on the north line of Seventh Street to the west line of Main Street; thence south on the west line of Main Street a distance of one hundred (100) feet south of the south line of Seventh Street; thence west parallel to the north line of Seventh Street to a point one hundred (100) feet west of the west line of Main Street; thence north parallel to the west line of Main Street to the north line of Seventh Street; thence west on the north line of Seventh Street to a point one hundred (100) feet west of the west line of Main Street; thence north parallel to the west line of Main Street to a point one hundred (100) feet north of the north line of Seventh Street; thence west on a line parallel to the north line of Seventh Street to a point one hundred (100) feet west of the west line of Lyon Street; thence north on a line parallel to the west line of Lyon Street to a point one hundred (100) feet north of the north line of Sixth Street; thence west on a line parallel to the north line of Sixth Street to the east line of Garrison Avenue; thence west on the north line of Walnut Street to the east line of the alley between McGregor Street and Garrison Avenue; thence north on the east line of said alley to the point of beginning.

(2)

Front yards. No front yard is required, except that where a portion of a district E lies within the same block and fronts upon the same street with a portion of a district A, B, C or D, and no lot within a district E is occupied by a building with a front yard of less depth than required in that portion of a district A, B, C, or D adjoining then in such case the front yard requirements of such adjoining district A, B, C or D shall likewise be applicable to such portion of district E.

(3)

Side yards. The side yard requirement for district D apply.

(4)

Rear yards. No rear yard is required.

(5)

Width of lot. The width of lot requirements for district D apply.

(6)

Lot area per family. Every building or portion of a building hereafter erected or altered shall provide a lot area of not less than twenty-five hundred (2,500) square feet per family, but in no case shall such total lot area be less than twenty-five hundred (2,500) square feet.

(Ord. No. 99-71, § VI, 9-16-99)

No building shall be constructed, altered or used for a medical marijuana dispensary without complying with the following regulations this subchapter.

(1)

All marijuana and medical marijuana facilities under this chapter must be in compliance with all state regulations as set for by the department of health and senior services, failure to so, is a violation of City Code.

(2)

No marijuana or medical marijuana dispensary shall be located within one thousand (1,000) feet of any existing elementary or secondary school, daycare, or church.

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. In the case of a facility that 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, childcare, or church.

c.

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

d.

For purposes of this subsection, a "daycare" means a child-care facility, as defined by RSMo section 210.201, or its successor provisions, that is licensed by the State of Missouri.

e.

For purposes of this subsection, a "church" means a permanent building primarily and regularly used as a place or religious worship.

f.

For purposes of this subsection, an "elementary or secondary school means any public school, as defined in RSMo Section 160.011, or any private school giving instruction in a grade or grades not higher than the twelfth (12 ^th ) grade, but does not include any private school in which education is primarily conducted in private homes.

(3)

A business license shall be obtained annually, and the owner shall verify that the conditions of the conditional use permit are still being met.

(4)

The marijuana or medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

(5)

No marijuana or medical marijuana facilities shall be located in a building that contains a residence.

(6)

The proposed conditional use shall not be operated so as to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations. In determining whether the proposed use will dominate the immediate neighborhood, consideration shall be given to:

a.

The functional classification of the street on which the site is located: and

b.

The surrounding residential districts and uses; and

c.

The location, nature and height of buildings, structures, walls and fences on site; and

d.

The amount of parking needed for the proposed use and the amount of parking provided on site; and

e.

The nature and extent of landscaping and screening on the site; and

f.

The number of trips anticipated each day to the site.

(7)

No marijuana may be smoked, ingested, or otherwise consumer on the premises of a marijuana or medical marijuana establishment facility.

(8)

All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

(9)

If multiple licenses are issued for one location, then restrictions for the highest intensity use shall apply.

(10)

No marijuana related uses shall be operated or maintained within five hundred (500) feet of another marijuana related use except when marijuana sales represents less than five percent (5%) of the dollar volume of business in a state or federally licensed pharmacy.

(11)

No marijuana related uses shall be operated or maintained within two hundred fifty (250) feet of any establishment licensed under the City Code to sell liquor by the drink.

(12)

[Reserved].

(13)

Medical marijuana dispensaries shall not be open to the public or make any sales between the hours of 10:00 p.m. and 7:00 a.m.

(14)

Any medical marijuana dispensary shall require any customer to display the customers permit card from the department of health and senior services or other proof of eligibility at the time of each purchase.

(15)

No person under the age of eighteen (18) years old shall be allowed into a medical marijuana dispensary; except that a qualifying patient who is under the age of eighteen (18) years but who has been emancipated by a court order and a qualifying patient, under the age of eighteen (18) years when accompanied by the qualifying patient's parent or guardian.

(16)

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

(17)

No marijuana related use or facility shall emit an odor or in any way cause a public nuisance per chapter 15 of the City Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

(18)

The medical marijuana dispensary license issued by the state shall be prominently displayed in a highly visible location, easily seen by patients on the dispensary's sales floor.

(19)

No marijuana dispensary shall become non-compliant with the regulations set forth by the state department of health and senior services.

(Ord. No. 19-33, § III, 7-23-2019; Ord. No. 23-15, § 1(Exh. A), 2-28-2023)

Except as specifically stated otherwise, this division applies to district C-P.

(a)

A C-P district may be established on a tract of land in single ownership or under unified control, provided that preliminary development plan for same has been prepared and submitted in compliance with the regulations and requirements of this division.

(b)

Application shall be made to the commission for the rezoning.

(c)

The net area of land to be included in a C-P district and so designed, shall be at least three (3) acres in size. "Net area," does not include any areas within dedicated highways, streets, alleys, or any other public ways or public property.

(d)

The location of any district C-P shall be on property which has an acceptable relationship to major thoroughfares, and the commission must satisfy itself as to the adequacy of the thoroughfare to carry the additional traffic generated by the development.

(e)

The requirements and regulations herein prescribed pertaining to height, open space, setbacks, parking and loading may be adjusted or modified by variance by the board before a C-P district is established so that the property in question may be developed in a reasonable manner and at the same time will not be detrimental to the public welfare and the interests of the community but in keeping with the general intent and spirit of this chapter.

(Code 1978, § 405.110)

(a)

The proponents of a C-P district shall prepare and submit a preliminary development plan to the commission for its inspection and review, upon which plan the commission shall advertise and hold a public hearing. This preliminary plan of the property proposed to be zoned as a district C-P drawn to scale shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than two (2) feet, unless waived by the commission and the proposed size, location and arrangement of the buildings, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways, and their relationship to existing and proposed streets, alleys and other public ways or public property, drainage plan, and any additional information which may be reasonably required by the commission.

(b)

The plan shall show sufficient proposed control grades to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within two hundred (200) feet, including the location and type of buildings and structures thereon. If the district is proposed in an unplatted area, the preliminary plan shall be accompanied by a plat, giving the full legal description of the boundaries of the property to be included in the areas sought to be zoned as a C-P district.

(c)

The plan shall be accompanied by a plan, drawn to scale, showing the general arrangement of streets within the remainder of this ownership, which plan need not include more than one thousand (1,000) feet from the boundaries of the area to be zoned C-P.

(d)

The developer shall indicate, on the preliminary plan, the stages which will be followed in construction.

(e)

If the preliminary plan is found to comply with the intent of the requirements and regulations set forth in this division, the commission shall, upon approval of the preliminary plan, submit to the council a recommendation for an amendment to the zoning district map, which amendment is to provide for and establish a C-P district for the land covered by the preliminary plan. A public hearing shall be held at the time this amendment is pending before the council as provided by law, and approval of the amendment shall constitute approval of the plan.

(f)

Upon approval of the zoning change by amendment, to the zoning district map, the proponent shall submit a final development plan to the commission for its review and recommendations. The final development plan may be submitted separately for the first and each successive stage of construction.

(Code 1978, § 405.110)

(a)

It shall be the responsibility of the commission to determine that each stage, or all, of the final development plan conforms to the intent of the preliminary plan on which the zoning changes were made. The commission having reviewed the final development plan, for any or all stages of the development, and finding that it conforms to the intent of the preliminary plan, shall approve such plan and submit it to the council for approval. Upon approval of the council, such plan shall be filed for record in the office of the city clerk.

(b)

If the final development plan fails to conform to the intent of the preliminary plan submitted in support of the rezoning, such final development plan may be submitted to the commission as an amended preliminary plan, upon which the commission shall advertise and hold a public hearing. The procedure shall be the same as for the original preliminary plan.

(c)

No building permit shall be issued for any construction until the commission and the council shall have approved the final development plan, covering at least the first stage of development.

(d)

A final development plan, prepared for each succeeding stage, shall also be reviewed by the commission and the council, and when approved shall be filed in the office of the city clerk.

(e)

The proponents of a C-P district shall prepare and submit a schedule of construction in one (1) or more stages, which construction shall begin, within a specified period following the council's final approval of the final development plan or any stage thereof. Failure to begin the construction as scheduled shall void the plan, as approved, unless a request for an extension of time is made by the proponents to the commission, and approved by the commission and by the council.

(f)

If for any reason, the plan is abandoned, or if the construction is terminated, during or after the completion of any stage and there is ample evidence that further development is not contemplated, the amendment establishing the district may be repealed by the council and the zoning of the entire tract, or the portion which is undeveloped as a district C-P, may be changed to a suitable classification.

(g)

After the final development plan has been approved and the zoning change made, and when, in the course of carrying out this plan, adjustments or rearrangements of building, parking areas, entrances, heights, or open spaces are established by the approved final development plan, for the area to be covered by buildings, parking spaces, entrances, height, setback and other requirements, such adjustments may be approved by the council upon application, and after receiving the recommendation of the commission.

(h)

The plan shall meet the requirements of this division as to use, height, open spaces, off-street parking and loading and all driveways or public access.

(Code 1978, § 405.110)

In district C-P no building, structure, land or premises, shall be used and no building shall be erected, constructed, reconstructed or altered, except for one (1) or more of the following uses:

(1)

Any use permitted in district E, except those permitted in districts A and C inclusive.

(2)

Accessory uses customarily incident to any of the above uses, provided that there shall be no buildings and that only flat wall signs, or signs on the face of a billboard or under a marquee, showing the name of each place of business, and the commodities or services offered, will be permitted in a district C-P, except that in addition there shall be permitted one (1) sign or structure to identify each planned business district. Such signs or structure shall be of permanent construction and the design shall be submitted as part of the preliminary and final development plan. In addition, a filling station may have one (1) freestanding sign to be approved as a part of the preliminary plan as to size and location.

(Code 1978, § 405.110)

In a district C-P the height of buildings and the minimum dimensions of open spaces shall be as follows:

(1)

Height. Buildings or structures shall not exceed forty-five (45) feet and shall not exceed three (3) stories in height.

(2)

Open spaces. There shall be a setback from any street of at least fifty (50) feet for any building, and ten (10) feet for any parking lot. Along any other property line, within or adjoining a zoned business district there shall be a setback for any building or structure of at least ten (10) feet; or along any property line abutting or adjoining a zoned dwelling house district, there shall be a setback for any building or parking lot of at least twenty (20) feet. The district shall be permanently screened from such abutting or adjoining properties zoned for dwelling house use by wall, fence, shrub border, or other suitable enclosure. Such trees and shrubs shall be properly and adequately maintained by the developer or owner.

(3)

Parking and loading regulations.

a.

There shall be provided off-street customer parking space for motor cars in the ratio of at least one (1) parking space for each one hundred (100) square feet of sales or service floor area, exclusive of storage space.

b.

The off-street parking space required above shall be provided in addition to any space used for a commercial parking lot, taxicab stand, truck or bus parking.

c.

Off-street parking space for drive-in service establishment shall be provided in addition to the parking spaces described for all other business activities.

d.

Ample off-street space for standing, loading and unloading of supplies shall be provided within the development.

(Code 1978, § 405.110)

Except as specifically stated otherwise, this division applies to district F.

(Ord. No. 99-71, § VI, 9-16-99)

In district F no building structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, or altered, except for one (1) or more of the following uses:

(1)

Any use permitted in district A, B, C, D, or E.

(2)

Bakeries.

(3)

Blacksmith shops, welding shops, and metal working shops.

(4)

Bottling works.

(5)

Bus barns.

(6)

Canning or preserving factories.

(7)

Carpenter, cabinet, or pattern shops.

(8)

Chemical analytical laboratories.

(9)

Cleaning, pressing and dyeing plants.

(10)

Cold storage plants.

(11)

Creameries.

(12)

Reserved.

(13)

Flour mills, feed mills and grain processing.

(14)

Freight terminals (truck).

(15)

Galvanizing works.

(16)

Grain elevators.

(17)

Ice plants.

(18)

Laundries.

(19)

Lumberyards: Lumber storage when incidental to retail sales on the premises, provided that the following restrictions shall apply:

a.

A screening privacy fence shall be constructed so as to screen from view lumber storage areas that lie next to or adjacent to street rights-of-way, and lumber storage areas that lie on either side of the store front if they can be seen from the adjacent street or streets.

b.

A "screening privacy fence" is the same as a "privacy fence" as defined by section 6-291 of the Carthage Code, with the exception that the fence shall bc opaque, and constructed of materials such as wood, vinyl or chain link with laths. No fence shall be constructed of galvanized corrugated metal.

(20)

Machine shops.

(21)

Manufacture of products such as artificial flowers, feathers, plumes, awnings, bags, blacking, small boats, bone products, brooms and brushes, buttons and novelties, candy, canvas products, cement products, chemicals (nonoffensive), cigars, cleaning or polishing preparations, clothing, coffee (roasting), cosmetics, cotton seed, peanut or similar products, drugs or medicines, electrical signs, extracts, food products, fruit juices, gas or electric fixtures, ice cream, leather products, light metal products, musical instruments, paper products, sausage, steel products, shoes and boots, syrup, terra cotta or tile handcraft products, textiles, toys, wooden ware.

(22)

Medical or comprehensive marijuana cultivation facility or microbusiness marijuana wholesale facility when not located adjacent to or across the street from any residential district. No facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, daycare or church and as prescribed and subject to all other requirements in section 25-704, marijuana and medical marijuana facilities.

(23)

Medical, comprehensive or microbusiness marijuana dispensary facility. No facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, or within one thousand (1,000) feet of an existing daycare or church and as prescribed and subject to all other requirements in section 25-704, marijuana and medical marijuana facilities.

(24)

Medical or comprehensive marijuana-infused products manufacturing type 1 extraction facility when not located adjacent to, across the street from and more than one thousand (1,000) feet from any residential district. No facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, daycare or church and as prescribed and subject to all other requirements in section 25-704 marijuana and medical marijuana facilities.

(25)

Medical or comprehensive marijuana-infused products manufacturing type 2 post-extraction facility when not located adjacent to or across the street from any residential district. No facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, or within two hundred (200) feet of an existing daycare or church and as prescribed and subject to all other requirements in section 25-704, marijuana and medical marijuana facilities.

(26)

Marijuana testing facility. No facility shall be located within one thousand (1,000) feet of an existing elementary or secondary school, daycare or church and as prescribed and subject to all other requirements in section 25-704, marijuana and medical marijuana facilities.

(27)

Metal stamping, shearing, punching works, etc.

(28)

Milk bottling or distribution plants.

(29)

Monument works.

(30)

Moving, transfer or storage plants.

(31)

Photo engraving plants.

(32)

Planing mills.

(33)

Plumbing mills.

(34)

Printing plants.

(35)

Produce markets (wholesale).

(36)

Sales rooms and yards for contractor equipment.

(37)

Sign painting plants.

(38)

Stone cutting plants.

(39)

Storage in bulk of, or warehouse for materials enumerated in item (12) of section 25-602, and such materials as: Asphalt, brick, building material, cement, contractors equipment, cotton, feed, fertilizer, gasoline, subject to inflammable code of the city; grain, gravel, grease, hay, ice, lead, lime, machinery, metal, soil, plaster, poultry, roofing rope, sand, stone, tar, tarred or creosoted products, tetra cotta, timber, wood, wool.

(40)

Tracks (term loading or storage).

(41)

Veterinary hospitals.

(42)

Accessory uses customarily incident to any of the above uses.

(Ord. No. 99-71, § VI, 9-16-99; Ord. No. 19-33, § IV, 7-23-2019; Ord. No. 23-15, § 1(Exh. A), 2-28-2023)

In district F the height of buildings, minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot, shall be as follows, provided that buildings erected for dwelling purposes exclusively shall comply with the front, side and rear yard requirements of district C.

(1)

Height. No building shall exceed fifty-five (55) feet or four (4) stories.

(2)

Front yards. Front yards shall be equal to the average front yard of buildings in existence in that block and fronting on that street within two hundred (200) feet. Where no buildings exist to so establish the front yard, a minimum front yard of twenty-five (25) feet shall be provided.

(3)

Side yards. The side yard requirements for district D apply.

(4)

Rear yards. The depth of a rear yard shall be at least ten (10) feet, except that in a corner lot no rear yard is required within fifty (50) feet of a side street, unless the rear line adjoins a district A, B, or C.

(5)

Width of lot. The width of lot requirements for district D apply.

(6)

Lot area per family. The lot area per family requirements for district E apply.

(Ord. No. 99-71, § VI, 9-16-99)

(a)

All marijuana and medical marijuana facility as outlined in sections 25-702(22)—(26) shall meet the requirements outlined in section 25-604.

(b)

All marijuana and medical marijuana facilities under this chapter must be in compliance with all state regulations as set for by the department of health and senior services, failure to so, is a violation of City Code.

(Ord. No. 19-33, § V, 7-23-2019; Ord. No. 23-15, § 1(Exh. A), 2-28-2023)

Except as specifically stated otherwise, this division applies to district G.

(Ord. No. 99-71, § VI, 9-16-99)

In district G no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, or altered except for one (1) or more of the following uses:

(1)

Any use permitted in district A, B, C, D, E, or F.

(2)

Ammonia, bleaching powder, chemical plants.

(3)

Assaying works.

(4)

Auto wrecking yards.

(5)

Blooming or rolling mills.

(6)

Breweries, distilleries or wineries.

(7)

Cider mills.

(8)

Coal car dumps.

(9)

Coal distillation and by-products plants.

(10)

Coal hoists, pockets or trestles.

(11)

Coke ovens.

(12)

Concrete or asphalt mixing plants.

(13)

Cooperate works.

(14)

Cotton ginning or bailing works.

(15)

Enameling power plants.

(16)

Electro-plating works.

(17)

Electric power plants.

(18)

Forges (power).

(19)

Foundries (iron, brass, bronze, aluminum).

(20)

Hides and skins (storage, curing or tanning).

(21)

Japanning works.

(22)

Junk yards, including storage, sorting, bailing or processing of rags, paper or metal.

(23)

Lumber mills.

(24)

Machine shops.

(25)

Manufacturing of such products as adding machines, cash registers, typewriters, alcohol, asphalt, basket material, boilers, boxes, bronze, cans, carbon batter, electric lamps, carriage or wagon parts, celluloid or similar materials, day, shale, and glass products, creosote, cutlery or toles, disinfectants, insecticides, dyes, electrical machinery, furniture, gas (from coal or petroleum), glass, iron and steel, locomotives, motor cars, bicycles, airplanes, nuts, bolts, screws, etc., oil cloth, linoleum, paint, japan, lacquer, oil, turpentine, varnish, enamel, etc., railroad cars, robber, synthetic robber, rubber products, soap, starch, glucose, dextrin, tar products, tobacco (chewing), tools, vinegar, wine.

(26)

Meat or fish packing or storage plants.

(27)

Oil compounding and barreling plants.

(28)

Poultry killing or dressing for commercial purpose.

(29)

Railroad freight yards and terminals.

(30)

Railroad round houses or shops.

(31)

Salt works.

(32)

Service station, truck stop.

(33)

Steel furnaces.

(34)

Structural iron or pipe works.

(35)

Sugar refineries.

(36)

Wire and rod mills.

(37)

Wood distillation plants (charcoal, tar, turpentine, etc.).

(38)

Wool scouting works.

(39)

Any other uses not now or hereafter prohibited by ordinance of the city regulating nuisances except that the following uses will be permitted only by the approval of the city council after report from the fire department, health department and commission:

a.

Acid manufacture.

b.

Cement, lime gypsum or plaster of paris manufacture.

c.

Distillation of bones.

d.

Explosive manufacture or storage.

e.

Fertilizer manufacture.

f.

Gas manufacture.

g.

Garbage, offal or dead animal reduction or dumping.

h.

Paper or pulp manufacture.

i.

Petroleum or its products (refining of).

j.

Smelting of tin, copper, zinc or iron ores.

k.

Stockyards or slaughterhouses.

l.

Wholesale storage of gasoline.

(40)

Accessory uses customarily incident to any of the above uses.

(41)

Dog pounds, kennels.

(Ord. No. 99-71, § VI, 9-16-99; Ord. No. 14-54, § III, 11-12-2014)

In district G the height of buildings, the minimum dimensions of lots and yards and the minimum lot area per family permitted upon any lot shall be as follows, provided, however, that buildings erected for dwelling purposes exclusively, shall comply with the front, side and rear yard requirements of district C.

(1)

Height. No building shall exceed seventy-five (75) feet or six (6) stories.

(2)

Front yards. No front yard is required, except that where a portion of district G lies within the same block and fronts upon the same street with a portion of a district A, B, C or D and no lot within the district G is occupied by a building with a front yard of less depth than required in that portion of a district A, B, C or D adjoining, then in such case the front yard requirements of such adjoining district A, B, C or D shall likewise be applicable to such portion of district G.

(3)

Side yards. The side yard requirements for district D apply.

(4)

Rear yards. The rear yard requirements for district F apply.

(5)

Width of lot. The width of lot requirements for district D apply.

(6)

Lot area per family. The lot area per family requirements for district E apply.

(Ord. No. 99-71, § VI, 9-16-99)

The purpose of district AE is to identify and prescribe specific requirements and conditions for the location of certain defined adult entertainment activities. The district is designed as an overlay district in a certain zoning district. Adult entertainment uses do not occur on a frequent basis and require separate and specifically designed regulations for their development. Such adult entertainment uses are recognized as having serious objectionable operational characteristics, particularly if several of such uses are concentrated, thereby having a deleterious effect upon adjacent areas. The location of such uses has an additional deleterious effect upon adjacent areas and could contribute to the blighting and downgrading of the surrounding neighborhood. The special regulation of adult entertainment uses is necessary to ensure that the adverse effect of such uses will not contribute to the blighting or downgrading of surrounding neighborhood, whether residential or nonresidential, by location or concentration and to ensure the stability of such neighborhoods.

(Ord. No. 6479, § 1, 2-9-93)

The definitions stated below shall apply:

(1)

Adult bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein.

(2)

Adult entertainment facility: Any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, videotapes or films (predominantly distinguished or characterized by their principal emphasis) on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape, or film presentation), where the patrons either (1) engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities, as said term is defined herein.

(3)

Bathhouse: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state.

(4)

Daycare facility: An establishment or business which provides supervision of facilities for preschool children or provides before or after [school] or summer care for school-age children.

(5)

Modeling studio: An establishment or business distinguished or characterized by their principal emphasis being the providing services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

(6)

Residential district: For the purpose of this section, areas zoned for residential use are defined as districts A, B, C-1, and C.

(7)

Residential building: A building which is primarily designed and devoted for human habitation, excluding motels and hotels.

(8)

Specified sexual activities: Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast; sexual excitement, being the condition of human male or female sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

(Ord. No. 6479, § 2, 2-9-93; Ord. No. 96-45, § I, 6-25-96; Ord. No. 18-12, § I, 3-27-2018)

An overlay district AE shall be established as follows:

(1)

District AE shall be established provided that the city planning, zoning and historic preservation commission shall recommend and the city council shall find that the proposed district AE meets all of the requirements without exception described in sections 25-802, 25-803 and 25-804 herein and further that the proposed use to be constructed and/or operated will neither negatively impact nor materially injure property within one thousand (1,000) feet of the proposed district boundaries.

(2)

No district AE shall be established without the submission and approval of a site development plan. Failure to comply with the plan so approved and established as part of the district AE shall be deemed to be a violation of this chapter.

(3)

A district AE shall be established as an overlay zone and only in district G, heavy industrial.

(4)

A district AE shall be established only if the boundaries of the district are a minimum of one thousand (1,000) feet from any church or place of worship, daycare facility, park, educational institution, library, museum, community center, residential district, children's amusement park, or residential building.

(Ord. No. 6479, § 3, 2-9-93)

Any adult bookstore, adult entertainment facility, bathhouse, massage shop, or modeling studio shall meet the following location and site requirements:

(1)

No more than two (2) or such uses shall be located within one thousand (1,000) feet of each other as measured in a straight line from the lot line of the affected properties.

(2)

All access shall be provided from a major thoroughfare.

(3)

The property on which such use is located shall have a minimum of fifty (50) feet of street frontage.

(4)

The property on which the use is located shall be screened by a solid masonry wall at least six (6) feet in height along the side and rear property lines.

(5)

The facility on which the use is located and the parking for such facility shall have a front yard setback of twenty (20) feet, a side yard setback of ten (10) feet, and a rear yard setback of ten (10) feet.

(6)

The parking requirements as provided in section 25-1301 shall be met as well as the loading requirements of section 25-1302.

(7)

If the parking and maneuvering space of any parking lot exceeds seventy-five hundred (7,500) square feet, at least five (5) percent of the lot area shall be maintained as landscaped area; provided that a credit toward the overall required landscaped area may be provided if the landscaping provides for trees either at least fifteen (15) feet in height or at least three (3) inches in diameter for each two thousand (2,000) square feet of required landscaped parking area. Additionally, fifteen (15) percent of the entire lot area including parking area shall be maintained as an open landscaped area with a twenty (20) foot landscape buffer along all street frontage.

(8)

The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian sidewalk, walkway, street or other public area.

(9)

The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of a sign area per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. 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.

(Ord. No. 6479, § 4, 2-9-93; Ord. No. 96-45, § II, 6-25-1996; Ord. No. 18-12, § II, 3-27-2018)

The site plan accompanying the application for approval of an overlay district AE shall include the following information:

(1)

The site plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger.

(2)

The site plan shall delineate the property line of the proposed project.

(3)

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

(4)

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

(5)

The site plan shall delineate the solid masonry screening as provided in section 25-803 above.

(6)

The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in section 25-803 above.

(7)

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

(8)

The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ration [ratio] and its location and requirements in accordance with section 25-803 above.

(9)

The site plan shall delineate all points of access and egress in accordance with section 25-803 above.

(10)

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

(11)

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

(12)

The site plan shall describe the landscaping to be provided.

(13)

The site plan shall delineate the proposed exterior lighting in accordance with section 25-803 above.

(14)

The site plan shall delineate the proposed architectural details of the facility in accordance with section 25-803 above.

(15)

The site plan shall indicate the signage in accordance with section 25-803 above.

(16)

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

(Ord. No. 6479, § 5, 2-9-93)

No adult bookstore, adult entertainment facility, bathhouse, massage shop, nor modeling studio shall be permitted except within district AE.

(Ord. No. 6479, § 6, 2-9-93)