(a)

No building, structure, land or premises in a C-1 district shall be used, and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except in compliance with one or more of the following subdistrict uses:

(1)

C-1A: Any use permitted in C-O.

(2)

C-1B: All other professional offices not included in C-O, banks, savings and loan associations, barbershops and beauty shops, optical shops, seamstress and tailoring, interior decorator, photographer and shoe repair shops.

(3)

C-1C: Post offices, public and privately owned utility offices and schools.

(4)

C-1D: Shops and stores for retail sale of notions, automotive supplies (excluding wholesale automotive supplies and automotive services), gifts, novelties, jewelry, printed materials, flowers, tobacco products, photographic equipment, artist and hobby supplies and music supplies.

(5)

C-1E: Shops and stores for the retail sale of foods and beverages for human consumption, soft goods such as clothing and shoes, drugs and cosmetics, furniture and appliances, hardware and paint, kitchenware, toys and sporting goods and antiques.

(6)

C-1F: Eating establishments, dry cleaning and laundry (pickup or coin-operated) and businesses providing drive-up window service.

(7)

C-1G: Bakeries and doughnut shops (including wholesale sales) employing less than five persons. The number of persons employed shall mean the number of regular employees working or on duty at any given time at any such bakery or doughnut shop.

(b)

In addition to the uses listed above, each of the above subdistricts shall be permitted accessory uses customarily incident to the uses listed.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

No wholesale sales shall be conducted except as provided in section 7.135.010.

(b)

All products shall be sold and all services rendered inside a building.

(c)

Coin-operated vending machines shall be limited to those which are accessory to a permitted main use of the premises.

(d)

No noise, smoke, radiation, vibration, concussion, heat or glare shall be produced that is perceptible outside a building, and no dust, fly ash, gas or other substances that are toxic, caustic or injurious to humans or property shall be produced.

(e)

Sales and consumption of alcoholic beverages and nonintoxicating beer shall be allowed in zone C-1, subject to all applicable regulations and such permits as may be required by law or ordinance.

Note— The following subsections (f)—(j) apply to nonchartered payday and title loan businesses:

(f)

Definitions.

Payday loan business means the business of making loans for a period of 30 days or less in duration, intended to coincide with the period from one payday of the borrower to the next, and in principle amounts of $500.00 or less.

Title loan business means the business of lending money with the pledge of personal property as collateral, evidenced by a certificate of title issued by the state, and regulated under RSMo 367.500—367.533, as from time-to-time amended.

(g)

Nonconforming use. A nonconforming use of land existing lawfully at the time of the enactment of this section may be continued, but shall not be extended, expanded or enlarged. Those businesses that were in legal operation at the same location as of the effective date of the ordinance from which this title is derived shall be considered as legal nonconforming uses. An existing business shall be one that has been in continuous operation under the same business name and ownership from and after the date of enactment of this section.

(h)

Separation requirements. No permit shall be issued for any payday or title loan business that is located within 5,280 feet of any other payday or title loan business, or within 200 feet of any property used primarily for a single-family residence, a two-family residence, a town home, or an apartment building. The separation distances shall be measured from or to the outer wall of the payday or title loan business, and from or to the property line of the property containing the residential use. The minimum separation distances shall be measured from any payday or title loan business or residence, located within the city limits of Gladstone or outside and immediately adjacent to the city limits. This separation provision shall not apply to an existing business that has been in continuous operation at the same location and under the same business name and ownership from and after the date of enactment of this section.

(i)

Buildings where located. Each payday and title loan business shall be located within a multi-tenant commercial building, housing not less than four separate occupancies.

(j)

Penalty. Any violation of any provision of subsections (f) through (j) of this section by a person or business shall be shall be subject to the penalties, fines and enforcement provisions set forth in section 7.100.070 of this Code.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

Regulation is necessary because there is a likelihood of the expansion of smoke shops in the city.

(b)

Such expansion results in undesirable community impacts including: increase sales of tobacco and vapor products to minors, a greater opportunity for the sale of drug paraphernalia, negative aesthetic impacts, and the loss of property values in close proximity to these uses.

(c)

Regulation addresses negative impacts while still allowing a reasonable number of establishments to be located within the city.

(d)

Definitions.

Alternative nicotine product. Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine products does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drugs Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Ancillary sale. Where a grocery store, supermarket, convenience store or similar market uses no more than two percent of its gross floor area, or 200 square feet, whichever is less, for the display, sale, distribution, delivery, offering furnishing, or marketing of conventional cigars, cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 square feet or less, "ancillary sale" shall mean where not more than five square feet are used for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restriction of this section and shall not constitute "ancillary sale" under any circumstances.

Drug paraphernalia. All equipment, products, substances, and materials of any kind which are used, intended for use, or designed or use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as defined by RSMo 195.010.1(5), or an imitation controlled substance as defined by RSMo 195.010.1(21).

Electronic cigarette or e-cigs. A device consisting of a cartridge with liquid solution containing nicotine and a battery powering a coil with heats the liquid solution into vapor.

Smoke shop. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, tobacco paraphernalia, alternative nicotine products, or vapor products; provided however, that any grocery store, supermarket, convenience store, or similar retail use that only sells conventional cigars, cigarettes, or tobacco as an ancillary sale shall not be defined as a "smoke shop and tobacco store" and shall not be subject to the restriction of this section.

Tobacco. Any preparation of the nicotine-rich leaves of a tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

Tobacco paraphernalia. All equipment, products, substances, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body tobacco, tobacco products.

Tobacco product. Any substance containing tobacco leaf and/or nicotine including, but not limited to, blunt wraps, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

Vapor product. Any noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form that may or may not contain nicotine. "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor product" does not include any alternative nicotine product or tobacco product.

(e)

Nonconforming use. A nonconforming use of land existing at the time of enactment of this section may be continued, but shall not be extended, expanded or enlarged. Those businesses that were in legal operation at the same location as of the effective date of [the ordinance from which this section is derived] shall be considered as legal nonconforming uses. An existing business shall be one that has been in continuous operation under the same business name and ownership from and after the date of enactment of this section.

(f)

Separation requirements. No permit shall be issued for any smoke shop that is located within 5,280 feet of any other smoke shop, or within 200 feet of any property used primarily for single-family residence, a two family residence, a townhouse, an apartment building; or within 500 feet of any school or day care. The separation distance shall be measured from or to the outer wall of the smoke shop, and from or to the property line of the property containing the residential use.

The minimum separation distance shall be measured from any smoke shop or residence, located within the city limits of Gladstone or outside and immediately adjacent to the city limits. This separation provision shall not apply to an existing business that has been in continuous operation at the same location and under the same business name and ownership from and after the date of enactment of this section.

(g)

Buildings where located. Each smoke shop shall be located within a multi-tenant commercial building, housing not less than four separate occupancies.

(h)

Penalty. Any violation of any provisions of this section by a person or business shall be subject to the penalties, fines, and enforcement provisions set forth in section 7.100.070 of this title.

(Ord. No. 4.416, § 1, 2-26-2018)

The height of the buildings and the minimum dimensions of the yards, except as provided in chapter 175 of this title, shall be as follows:

(1)

Height. Buildings or structures shall not exceed two and one-half stories and shall not exceed 35 feet.

(2)

Front yard. A front yard of not less than 30 feet shall be provided in this district.

(3)

Side yards. No side yard is required except where a buffer zone is required; provided that there shall be a side yard of not less than 15 feet on the street side of a corner lot.

(4)

Rear yards. A rear yard of not less than 15 feet is required.

(5)

Buffer zone. Every tract zoned C-1 which in any way adjoins, abuts, or is adjacent to a lot or tract in districts R-1—R-4 or R-P-1—R-P-4, inclusive, shall have a buffer zone, as defined herein, along the boundary line between the two districts or, if such boundary line is the center of a street, along the edge of the street right-of-way abutting the C-1 district.

(6)

Parking regulations. See chapter 180 of this title for off-street parking and loading regulations.

(Ord. No. 4.414, § 1, 1-22-2018)