Agricultural farming, dairy farming, livestock and poultry raising, forestry and all other uses commonly classified as agricultural, but excluding feed lots and sales or auction yards and auction barns.

"Agri-tainment" uses such as providing viewing, tours and activities to the general public related to farming and agriculture.

Apiaries, aviaries and fish hatcheries.

Veterinary medicine offices, animal hospitals or kennels, provided that the buildings and pens are two hundred (200) feet from the property lines.

Forest and wildlife reservations or small conservation uses.

Recreational facilities including, but not limited to, a lake, swimming pool, tennis court, riding stables or campgrounds.

Public park or playground.

Public building or facility erected by a governmental agency.

Golf course and clubhouse with an unlighted driving range.

Railroad and utility rights-of-way including substation or pumping station operated for commercial purposes.

Single-family dwellings which serve as the principal residence for the owner, operator and/or employees for the permitted agricultural use.

Cemetery on a site of less than five (5) acres.

Sewage treatment plants, oxidation basins and related facilities, water supply plants, pumps, reservoirs, wells and elevated storage tanks for the purposes of providing services to the public.

Breweries, microbreweries, distilleries, microdistilleries and wineries.

Accessory uses incidental to the above uses when located on the same lot.

The manufacture and retail sale of agricultural and agriculture-related products.

Extraction of sand, gravel or other material.

Clubs, private, on a site of not less than two (2) acres.

Radio, television or microwave towers, subject to the provisions stated in Section 420.660.

Logging operation, sawmills and mill storage of lumber.

Veterinary clinics.

Bed and breakfast homes, provided that such shall be limited to one (1) bed and breakfast home for every ten (10) acres.

Centralized yard waste composting facility.

Facilities used in the research and testing of agricultural products and techniques.

Temporary roadside stands.

Any storage, treatment or disposal (as those terms are defined in the laws of the Federal Government and the State of Missouri regulating soil and hazardous wastes) of:

One (1) off-street parking space is provided for each sleeping room or suite.

The owner of record either lives within ten (10) miles of the bed-and-breakfast inn or guest house or executes a management contract with a manager who lives within ten (10) miles of the bed-and-breakfast inn or guest house.

All conditions provided in Hermann Municipal Code Section 420.730 are satisfied.

(Reserved)[1]

If any property is used as a bed-and-breakfast inn or a guest house in an R-1 District pursuant to a duly issued and unexpired conditional use permit, and if the holder of the permit sells the property or assigns a lease under which the holder was occupying the property to a third party who desires to continue to use the property as a bed-and-breakfast inn or a guest house, then the third party must apply for a new conditional use permit in his or her own name. The third party must meet all criteria in Subsections (D)(1), (D)(2) and (D)(3) above, upon initial application and subsequent renewal of the permit.

Failure to report and pay any bed tax or sales tax on any guest rooms in a bed-and-breakfast inn or guest house when they became due shall result in the immediate revocation of a conditional use permit.

Liquor sales for outdoor consumption on-site for more than twelve (12) days per year.

Liquor sales for outdoor consumption on-site for more than twelve (12) days per year.

Accessory buildings and uses customarily incidental to any of the above uses.

Bulletin boards and signs pertaining to the lease, hire, or sale of a building or premises, or signs pertaining to any material that is grown or treated within the district; provided however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed, or stored.

General. Each of the residential districts herein before set forth shall have a separate and distinct counterpart known and herein referred to as a Planned Residential District. A planned district shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district and shall further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards and open spaces, etc., subsequent to approval of the Plan by the Commission. The intent is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The development shall have a minimum area of five (5) acres. In general, the height and bulk of buildings, the amount of open space, light and air, the concentration of population, and the parking and loading requirements shall be equal to those in the corresponding Districts "R-1" to "R-3" inclusive. The uses permitted shall be the same as in the equivalent Districts "R-1" to "R-3" inclusive. Variations and departures from normal practice may, however, be permitted if found by the Commission to be generally consistent with the expressed regulatory scheme set forth in this Chapter. Each building need not face on a public street, and more than one (1) building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and private drives may be permitted in lieu of public streets. A building may be located closer to lot lines than otherwise permitted, provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property. Any building or portion thereof may be owned in condominium in accordance with Missouri Statutes. The Planned Residential Districts shall be as follows:

Procedure for rezoning property to a planned large-scale residential district. A tract of land may be zoned "RP-1" through "RP-3" only upon application by the owner or the owner's agent and only upon approval of a development plan for the tract. The proponents of a planned development shall prepare and submit to the Commission a Development Plan containing the following elements:

Approval of development plan. The Commission shall advertise and hold a public hearing on the Plan as provided by law. At such time as the Development Plan meets with the approval of the Commission, the same shall be duly approved, properly endorsed and identified, and sent to the Board of Aldermen for action. Upon final approval of the Final Development Plan and the rezoning of the tract as required by law, construction may proceed in conformance with the Plan. Deviation from the Plan shall require a re-submittal to the Commission and Board of Aldermen in the same manner as the original rezoning procedure. The Final Development Plan shall follow all applicable procedures, standards and requirements governing the subdivision of land. No building permits shall be issued until a final plat of the proposed development is approved and recorded.

General. A Planned Mobile Home Residential District shall be for the purpose of permitting the establishment of attractive and well-located mobile home courts in the City of Hermann. The intent is to promote the development of sound and well-planned mobile home courts that will not cause a depreciation of adjacent values, create congestion or overcrowding of the land, or in any manner be contrary to the basic intent and purposes of this Chapter. A Planned Mobile Home Residential District shall have a minimum area of one (1) acre and shall abut and have access to a public highway or street. A Planned Mobile Home Residential District may be located in an "R-2" or "R-3" District in the City of Hermann, subject to approval of the Final Mobile Home Residential Plan.

Procedure for rezoning property to a planned mobile home residential district. The procedure for the rezoning of property to a Planned Mobile Home Residential District shall be the same procedure as is required for rezoning of property to a Planned Large-Scale Residential District. Prior to the rezoning and approval of the Final Mobile Home Residential Plan the Commission and the Board of Aldermen must find that the plan provides for meeting the following minimum requirements:

Approval of plan. No mobile home shall be placed in a mobile home court until the Final Mobile Home Residential Plan has been approved by the Board of Aldermen and until the street and other physical improvements as shown on the Final Mobile Home Residential Plan have been installed. The Commission and the Board of Aldermen will allow a mobile home development only after determination that the development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood; will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; adequate utilities, access roads, drainage and/or other necessary facilities will be provided; adequate measures will be taken to minimize traffic congestion; and there is a public necessity for this use.

Reclassification of existing mobile home court. Any mobile home court in existence on the initial effective date of this Chapter, September 6, 1995, may apply to the Commission for recognition pursuant to this Section as a Planned Mobile Home Residential District. If the Commission finds that such existing mobile home court substantially conforms to the requirements of this Section, although not in every respect, such that the purposes of this Section are essentially served, the Commission may recommend to the Board of Aldermen for classification of such park as a Planned Mobile Home Residential District. Upon approval of such classification by the Board of Aldermen, such area shall no longer be deemed a non-conforming use as defined in this Chapter.

Permitted accessory uses. All uses and accessory uses permitted in the "R-1" Residential District shall be permitted accessory uses in the "RP-M" Planned Mobile Home Residential District. In addition the following accessory uses shall be permitted in the "RP-M" District:

Central laundry and washroom facilities.

Mobile home court office and maintenance building.

The boundaries of the tract to be zoned and the area adjacent for a distance of not less than two hundred (200) feet.

The existing and, if different, the proposed topography of the tract.

The proposed location and arrangements of buildings, structures, parking areas, existing and proposed streets, drives, and other public ways, public property, drainage and utility easements, landscaping and other features of the proposed development.

Sufficient approximate dimensions to indicate the relationship between buildings, streets and drives, and property lines.

Preliminary elevation and plan drawings of proposed building if deemed by the Commission to be in the public interest.

General. The regulations set forth in this Section shall apply in the "P-D" Planned Development District. The purpose of the "P-D" District is to permit the development of large tracts of residential, commercial, or industrial land or viable combinations thereof in an orderly, meaningful fashion. It is intended that such development should maximize the potentials of the area and minimize any adverse effects upon adjacent properties.

Procedure. The owner of any tract of land comprising an area of not less than ten (10) acres may submit to the Commission a plan for the use and development of the entire tract of land. The Commission shall review the conformity of the proposed development with the standards of the City Plan, and with recognized principles of civic design, land use planning, and landscape architecture. The Commission may approve the plan as submitted, or before approval may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserves the intent and purpose of this Chapter to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the Board of Aldermen, which may, after notice and public hearing, approve or disapprove said plan as reported, or may require such changes thereto as it deems necessary to effect the intent and purpose of this Chapter.

Standards. The land usage, minimum lot area, yard and height requirements, and accessory uses shall be determined by the requirements set out below, which shall prevail over conflicting requirements of this Chapter.

Deed restrictions. In its review of the plan, the Commission or Board may consider any deed restriction or covenants entered into or contracted for by the developer concerning the use of common land or permanent open space. Common land as referred to herein shall refer to land dedicated to the public use and to land retained in private ownership but intended for the use of the residents of the development unit or the general public.

Changes from original use. Any subsequent change in the initial permitted use or uses shall be submitted to the Commission for its recommendation and to the Board of Aldermen for its approval prior to the issuance of an occupancy permit.

Changes and modifications. No change or modification of the plat of any such Planned Development District as to land use, density, and street location or size shall be permitted except by the procedure provided for amendments to this Chapter in Section 420.830. Other changes or modifications, such as locations of buildings, parking lots, and common areas (except streets, etc.), may be made upon application to and approval of the Commission.

State license required. All marijuana dispensaries must have the license and any other required authorization to operate the marijuana dispensary from the Missouri Department of Health and Senior Services to operate in the City. Applicants may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such State licensure to remain valid.

Outdoor operations and storage. No outdoor operations or storage shall be allowed.

Odor control and nuisance. Every marijuana dispensary shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in such a way as to not create, engage in or maintain a nuisance as defined in the City Code and Missouri law.

On-site usage prohibited. No marijuana may be smoked, ingested, consumed or otherwise administered on the premises of any marijuana dispensary.

Hours of operation. All sales or distribution of products to the public through a marijuana dispensary shall take place between the hours of 9:00 A.M. and 10:00 P.M. Monday through Thursday and Sunday, and from 9:00 A.M. to 1:00 A.M. Friday and Saturday.

Security. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary may be present in such facility at any time closed to the public. Marijuana Dispensaries shall have and maintain security systems, equipment, personnel and procedures at least as stringent as those which are required by State regulations and shall provide proof of such compliance during the site plan review process.

Display of license required. The marijuana dispensary license issued by the State of Missouri and any and all licenses issued by the City of Hermann shall be displayed in a in plain view near the front entrance of the marijuana dispensary as required by State regulations.

Additional requirements. All marijuana dispensaries shall comply with all applicable provisions of the Zoning Code of the City of Hermann, all other Code Sections of the City of Hermann, including, but not limited to, the Building Code, the Licenses and Business Code, the Health and Sanitation Code and the Offenses Code and all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services including, but not limited to, security requirements, lighting, parking, record maintenance and retention.

Transportation certification. Any marijuana dispensary that also holds and maintains certification from the Missouri Department of Health and Senior Services as a marijuana transportation facility may still relocate in the relevant "C" Commercial District so long as the marijuana dispensary's State license remains valid.

State License Required. All non-retail medical marijuana facilities must have the appropriate license and any other required authorization to operate the non-retail medical marijuana facility from the Missouri Department of Health and Senior Services to operate in the City. Continued operation in the City shall always require such State licensure to remain valid.

Outdoor Operations And Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area within the building structure, or if allowed by State regulations, outdoors on the property in an area enclosed by a fence.

Odor Control And Nuisance. Every non-retail medical marijuana facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in such a way as to no create, engage in, or maintain a nuisance as defined in the City Code and Missouri law.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, consumed, or otherwise administered on the premises of any non-retail medical marijuana facility except, in a medical marijuana testing facility when being administered for testing purposes as and only to the extent authorized by the State of Missouri Department of Health and Senior Services.

Hours Of Operation. All Non-retail medical marijuana facilities shall be closed to the public between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time closed to the public, nor at any time while open to the public without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.

Security. Non-retail medical marijuana facilities shall have and maintain security systems, equipment, personnel, and procedures at least as stringent as those which are required by State regulations and shall provide proof of such compliance during the site plan review process.

Display Of License Required. The non-retail medical marijuana facility license issued by the State of Missouri and any and all licenses issued by the City of Hermann shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.

Site Plan Submission, Review, And Approval Required. No non-retail medical marijuana facility shall be allowed unless the applicant submits and has approved a site plan pursuant to the Zoning Code of the City of Hermann.

Accreditation, Standards, And Procedures — Testing Facilities. Every medical marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by State regulations, and utilize standards and procedures for personnel and for testing medical marijuana in all forms which are at least as stringent as those required by State regulations.

Additional Requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Code of the City of Hermann, all other Code Sections of the City of Hermann, including, but not limited to the Building Code, the Licenses and Business Code, the Health and Sanitation Code, and the Offenses Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services regulating medical marijuana, including, but not limited to security requirements, lighting, parking, record maintenance and retention and patient verification requirements.