Jonesburg City Zoning Code
ARTICLE III
Supplementary Regulations
Section 400.140 Area And Height Regulations.
[Ord. No. 437, 9-9-2025]
A.
Except as provided in Section 400.150 or 400.160 of these regulations, the area and height regulations shall be as follows:
1.
Minimum Lot Area. Every lot used for dwelling purposes shall have a minimum area of seven thousand five hundred (7,500) square feet for single-family dwellings, four thousand (4,000) square feet per dwelling unit for two-family dwellings, and three thousand (3,000) square feet per dwelling for multiple-family dwellings. In no case, however, shall more than two (2) dwelling units be permitted where a lot has an area of less than ten thousand (10,000) square feet. In the "A" Agricultural District, the minimum lot area for single-family dwellings shall be forty-three thousand five hundred sixty (43,560) square feet. There is no minimum lot area required for non-residential uses.
2.
Minimum Yards. The front and rear yard requirements are thirty (30) feet in the "A" Agricultural District. "R-1" Residential Districts, and the "I" Industrial Districts. The front and rear yard requirements for "R-2" Residential Districts shall be twenty (20) feet. There are no front and rear yard requirements in the "C" Commercial Districts. The side yard requirements shall be eight (8) feet for residences in all districts, except the "A" Agricultural Districts where there shall be a side yard of fifteen (15) feet on each side of the residence. No side yards are required for non-residential buildings except that where a commercial or industrial lot abuts an "R" District, a side yard of eight (8) feet shall be provided.
3.
Minimum Lot Width. The minimum lot width will be seventy-five (75) feet for residences in the "R-1" Residential Districts. The minimum lot width shall be eighty (80) feet in the "R-2" Residential District and one hundred fifty (150) feet in the "A" District. No minimum lot widths are required for non-residential uses.
a.
Building Height. No building in the "A" and "R" Districts shall exceed two and one-half (2 1/2) stories nor shall it exceed thirty-five (35) feet in height, and in the "C" District shall not exceed three (3) stories nor shall exceed forty-five (45) feet in height, and in the "I" District shall not exceed one hundred fifty (150) feet in height.
Section 400.145 Additional Height And Area Regulations.
[Ord. No. 437, 9-9-2025]
A.
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Public, semi-public, or public service buildings, hospitals, institutions, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, grain elevators, or necessary mechanical appurtenances, are exempt from the height regulations as contained herein except. Wireless communication towers or facilities are subject to the provisions of Section 400.175 of this Chapter.
3.
Accessory buildings must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings and recreational vehicle pads must be located in the rear yard of a lot on the interior side.
a.
Attached Accessory Buildings. Any accessory building which is structurally attached to the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this Chapter pertaining thereto.
b.
Detached Accessory Buildings And Structures.
(1)
Height. In "R" and "C" Districts, a detached accessory building or structure shall not exceed twenty-four (24) feet or two (2) stories in height and shall not be higher than the main building. In the "I" District, an accessory building may have a height of one hundred fifty (150) feet and may be at a greater height than the main building.
(2)
Yard And Area Requirements. No detached accessory building or structure shall be erected in any required front or side yard. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area. No detached building or structure may be erected closer than ten (10) feet to the rear lot line nor closer to the side lot line than the required minimum side yard setback of the district.
4.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices, and ornaments, and features which are not to exceed twelve (12) inches.
6.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
7.
An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
8.
Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard; provided, these projections be distant at least two (2) feet from the adjacent side lot line.
9.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
10.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
11.
No side yards are required where dwelling units are erected above commercial and industrial structures.
12.
Where lots have double frontage, the required front yard shall be provided on both streets.
13.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
14.
Whenever a lot on November 16, 1992, has a width of less than sixty (60) feet, the side yards may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
15.
The front yards heretofore established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have [with a variation of five (5) feet or less], a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing building nearest to the street line.
b.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
(1)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent building on each side; or
(2)
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
Section 400.150 Marijuana Production And Sales.
[Ord. No. 437, 9-9-2025]
A.
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City of Jonesburg.
1. MARIJUANA CULTIVATION FACILITY MARIJUANA DISPENSARY FACILITY MARIJUANA or MARIHUANA MARIJUANA TESTING FACILITY MARIJUANA-INFUSED PRODUCTS MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
Definitions. Terms not expressly defined herein shall have the meaning set forth in Mo. Const. Art. XIV, Section 1(2), enacted as Amendment 2 (2018) and Amendment 3 (2022) to the Missouri Constitution as approved by Missouri voters relating to access to marijuana, if defined therein. The following definitions shall apply in interpretation and enforcement of this Section, unless otherwise specifically stated:
A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a marijuana dispensary facility, marijuana testing facility, or to a marijuana-infused products manufacturing facility.
A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "Marihuana" do not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana testing facility, or to another marijuana-infused products manufacturing facility.
2.
General Requirements.
a.
No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be operated within the City of Jonesburg without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, cultivated, delivered, manufactured, processed, sold, stored, tested, or transported within the City of Jonesburg, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services. All marijuana dispensaries, marijuana-infused products manufacturing facilities, marijuana cultivation facilities, and marijuana testing facilities shall prominently display said license in a highly visible location, easily seen by patients on the dispensary's sales floor.
b.
No person shall possess or consume marijuana or marijuana-infused products in the City of Jonesburg except qualifying patients or persons twenty-one (21) years old or older for recreational marijuana. No qualifying patient or person shall consume marijuana in a public place, except public places where such consumption is expressly permitted by law.
c.
A marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be operated in the manner provided by Section 1 of Article XVI, Mo. Const., regulations promulgated by the Missouri Department of Health and Senior Services, applicable State Statutes, and this Section.
d.
Medical marijuana cultivation facilities, marijuana dispensary facilities, marijuana-infused products manufacturing facilities, and marijuana testing facilities shall annually obtain a business license from the City as required by Chapter 605 of the Jonesburg Municipal Code and shall annually pay the applicable taxes and fees required by said Code.
e.
Any person who violates this Section is guilty of an offense and shall be assessed a penalty in accordance with the provisions of the Jonesburg Municipal Code. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Section. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this Section. Additionally, the City may notify appropriate officials at the Missouri Department of Health and Senior Services, or other law enforcement agencies, of violations of this Section.
3.
District Regulations, Conditional Use Permit Required.
a.
A licensed marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be permitted as a conditional use in properties zoned "C" or "I." A marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be permitted only in the "I" District.
b.
No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be located within five hundred (500) feet of any elementary or secondary school, child day care center, church, or residentially zoned property measured according to the nearest property lines or property corners between the parcels involved.
c.
No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be located within one thousand (1,000) feet of another marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility.
d.
No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be located on the same premises as a physician's office.
e.
All marijuana sales, distribution, manufacturing, cultivation, and testing facilities are subject to the following restrictions relating to hours of operation.
(1)
All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary shall take place between the hours of 8:00 A.M. and 9:00 P.M., Sunday through Saturday. 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 a facility at any time it is closed to the public.
(2)
All marijuana-infused products manufacturing facilities, marijuana cultivation facilities, and marijuana testing facilities shall be closed to the public between the hours of 7:00 P.M. and 7:00 A.M. No persons not employed by the business shall be on the premises at any time.
f.
All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure. No outdoor storage shall be permitted on the property.
g.
The review procedure for an application for a conditional use permit under this Section shall be in the manner set forth in Section 400.275 of this Chapter. The Board of Aldermen may impose such restrictions on the time, place, and manner of operation of such facilities as it deems appropriate for the protection of public health, safety, and welfare, and to ensure compliance with the Missouri Constitution, applicable Statutes and regulations, and this Section.
h.
A separate conditional use permit shall be required for each premises used for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or a marijuana testing facility. No marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or a marijuana testing facility may be located within the same premises, except that a marijuana dispensary facility and a marijuana cultivation facility may be located on the same premises if both businesses are owned by the same entity.
i.
A conditional use permit for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility is not transferable or assignable, including, without limitation, not transferable or assignable to a different premises, to a different type of business, or to a different owner or licensee, without the permission of the Board of Aldermen. A conditional use permit for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility is valid only for the owner(s) named thereon, the type of facility for which a conditional use permit has been granted, and the location for which the permit is issued.
j.
An application for a conditional use permit for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall be filed with the Zoning Enforcement Officer with an application fee in an amount established by the Board of Aldermen. The Zoning Enforcement Officer may provide forms to applicants for that purpose.
Section 400.155 Requirements Relating To Group Homes And Substance Abuse Treatment Facilities.
[Ord. No. 437, 9-9-2025]
A.
A group home, as defined in Section 400.050 of this Chapter, shall be a permitted use in any residential zoning district in the City of Jonesburg, subject to the following limitations:
1.
No more than eight (8) unrelated mentally or physically handicapped persons may reside in any individual group homes.
2.
Not more than two (2) additional persons acting as house parents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises.
3.
The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics, and general neighborhood standards of the area within which the group home is located, as determined by the reasonable professional administrative judgment of the Zoning Enforcement Officer. Any person aggrieved by a decision of the Zoning Enforcement Officer as to this "reasonable conformance" requirement may appeal that decision to the Jonesburg Board of Adjustment pursuant to Article IV of this Chapter.
4.
No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the City. No group home which is owned or operated in whole or in part by an "related person or entity" (as that phrase is defined in Section 400.050 of this Chapter) that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the City.
5.
Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Section 400.170 of this Chapter to accommodate the needs of the house parents, residents, and visitors to the premises. The Zoning Enforcement Officer shall establish the required number of parking spaces for each group homes based upon:
B.
A substance abuse treatment facility (either inpatient or out-patient), as defined in Section 400.050 of this Chapter, shall be a permitted use in the "C-1" Zoning District in the City of Jonesburg, subject to the following limitations:
1.
No more than eight (8) unrelated persons may reside in any individual inpatient facility.
2.
Not more than two (2) additional persons acting as facility managers or support staff, who need not be related to each other or to any of the persons residing in an inpatient facility, may also reside on the premises.
3.
The exterior appearance of any such facility and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics, and general neighborhood standards of the area within which the treatment facility is located, as determined by the reasonable professional administrative judgment of the Zoning Enforcement Officer. Any person aggrieved by a decision of the Zoning Enforcement Officer as to this "reasonable conformance" requirement may appeal that decision to the Jonesburg Board of Adjustment pursuant to Article IV of this Chapter.
4.
No substance abuse treatment facility may be established on any lot which is adjacent to any portion of the lot line of any existing such facility, whether such existing group home is located within or outside the City. No substance abuse treatment facility which is owned or operated in whole or in part by a "related person or entity" (as that phrase is defined in Section 400.050 of this Chapter) that owns or operates, in whole or in part, an existing facility may be located on the same or opposite side of the street upon which such an existing affiliated treatment facility has any frontage within the same block as the existing affiliated treatment facility, whether such existing affiliated treatment facility is located within or outside the City.
5.
Each substance abuse treatment facility shall provide sufficient off-street parking in conformity with the parking standards set forth in Section 400.170 of this Chapter to accommodate the needs of the residents, facility manager or supporting staff, and visitors to the premises. The Zoning Enforcement Officer shall establish the required number of parking spaces for each group homes based upon:
a.
The number of residents, management, or support staff residing in an inpatient facility and anticipated daily visitors.
b.
The expected number of daily patients visiting an out-patient facility plus supporting staff.
Any person aggrieved by a decision by the Zoning Enforcement Officer as to the number or necessity of parking spaces may appeal that decision to the Jonesburg Board of Adjustment pursuant to Article IV of this Chapter.
Section 400.160 Non-Conforming Uses Or Lots.
[Ord. No. 437, 9-9-2025]
A.
A non-conforming use is the use of any land, lot, building, structure, sign, manufactured home or mobile home, or mobile home park space, or any portion thereof, which existed lawfully, whether by variance or otherwise, on the date this Zoning Code or any amendment thereto became effective, and which fails to conform to one (1) or more of the applicable regulations in the Zoning Code or such amendment thereto.
B.
No such non-conforming building, structure, sign, manufactured home or mobile home, whether in a mobile home park or not, which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five percent (65%) of its assessed value, shall be restored or replaced except in conformity with the regulations of this Chapter.
C.
In the event that a non-conforming use of any land, building, structure, sign, mobile home park, manufactured home or mobile home park space is discontinued, or its normal operation stopped for a period of six (6) months, the use of the same shall thereafter conform to the regulations of the district in which it is located.
D.
A non-conforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use, previous to the adoption of this Chapter or to any affecting amendments thereof.
E.
No such non-conforming use of any land, building, structure, sign, mobile home, or mobile home park space, shall be enlarged, extended, reconstructed, structurally altered, changed or replaced unless such use is changed to a use permitted in the district in which such land, building, structure, mobile home or mobile home park space is located, except that as to mobile homes located within a mobile home park, a new or replacement mobile home may be placed in an existing non-conforming mobile home space so long as it complies, at a minimum, with the provisions of Section 400.100(C)(7) of the City's Zoning Code and does not otherwise extend or enlarge the non-conformity.
Section 400.165 Commercial And Industrial Property Buffer Requirements.
[Ord. No. 437, 9-9-2025]
Subsequent to adoption of this Code, the following requirements will apply for all new or expanding commercial or industrial development involving the construction of new buildings or expansion of existing buildings in the "C" or "I" Districts.
A.
Commercial or industrial development in the "C" or "I" Districts shall have no buildings located closer than twenty-five (25) feet from an existing lot line or district boundary of an "R-1," "R-2," or "R-3" District.
B.
Exterior lighting for building perimeters and parking areas in the "C" or "I" Districts shall be directed downward using cutoff fixture luminaires so as to minimize light and glare on to adjacent residential properties and fixture heights adjacent to residential properties shall not be closer than twenty-five (25) feet to a residential lot line and the fixture post shall not have a height greater than fourteen (14) feet.
C.
Loading docks shall be located on building facades that do not face residential properties.
D.
The commercial or industrial property owner shall be required to maintain the buffer area in good condition and replace any plant material that becomes diseased or dies.
E.
The perimeter of the buffer area adjoining residential property or districts may be fenced; however, the fencing shall not be chain link but may be any other durable material including wood, aluminum, vinyl, or modular masonry, and not be higher than eight (8) feet nor less than six (6) feet. The commercial or industrial owner shall be required to maintain the fence.
Section 400.170 Off-Street Parking Regulations.
[Ord. No. 437, 9-9-2025]
A.
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%), or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following minimum requirements:
1.
Bowling alley: five (5) parking spaces for each alley.
2.
Business, professional, or public office building, studio, bank, or dental clinic: three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).
3.
Church: one (1) parking space for each eight (8) seats in the main auditorium.
4.
College or school: one (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
5.
Hospital, nursing home, elder care facility, or similar institution: one (1) parking space for every three (3) beds plus one (1) space for every staff doctor and/or employee on the maximum shift.
6.
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, or similar establishment: one (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
7.
Mortuary or funeral home: one (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors, and individual funeral service rooms.
8.
Private club or lodge: one (1) parking space for every ten (10) members.
9.
Restaurant, night club, cafe, or similar recreation or amusement establishment: one (1) parking space for each one hundred (100) square feet of floor area.
10.
Retail store or personal service establishment: one (1) parking space for each two hundred (200) square feet of floor area.
11.
Single-family dwellings: a minimum of two (2) parking spaces for each dwelling, not including garage or carport parking. These spaces may be on a driveway.
12.
Two-Family And Multi-Family Dwellings.
a.
Two-family (duplexes) shall have a minimum of two (2) parking spaces for each dwelling unit.
13.
Theater or auditorium (except school): one (1) parking space for each five (5) seats or bench seating spaces.
14.
Recreational vehicles as defined in Section 400.050 (except for motorcycles or all-terrain vehicles) may not be parked in front of the building line in any residential district nor may they be parked in a required side yard area except where the side yard area is large enough to maintain the required side yard area to an adjacent residentially zoned lot.
B.
In an effort to reduce pavement requirements and associated stormwater runoff where appropriate, the Planning Commission, upon their review and recommendation, may allow for parking requirements below the requirements herein wherein the nature of the use or ability to share parking with another use with differing operation hours would allow for such a reduction. Such action shall be taken by Commission vote, shall be reflected in the meeting minutes, and conveyed by formal notice to the Board of Aldermen.
Section 400.175 Home Occupation Regulations.
[Ord. No. 437, 9-9-2025]
The purpose of this Section is to protect the public health and safety and to ensure that business activities are compliant with all State and Federal laws. Specifically, a home occupation located in a neighborhood zoned and developed for residential use shall be conducted such that a reasonable neighbor would not be aware of its existence or be disrupted by it. It is the intent of these regulations to protect and maintain the residential character of the neighborhoods in the City of Jonesburg.
A.
The operation of no-impact home occupations as defined below shall be permitted. Any home occupation that does not fall within the definition of a no-impact home occupation set forth below shall be prohibited from operating in a residential district or residential planned district. A home occupation qualifies as a no-impact home occupation if:
1.
The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and
2.
The activities of the business:
a.
Are limited to the sale of lawful goods and services;
b.
May involve having more than one (1) client on the property at one (1) time;
c.
Do not cause a substantial increase in traffic through the residential area;
d.
Do not violate any parking regulations established by the City;
e.
Occur inside the residential dwelling or in the yard of the residential dwelling;
f.
Are not visible from the street; and
g.
Do not violate any of the regulations set forth in Subsection (B)(3) related to the general public health, safety, and welfare of residents.
3.
To qualify as a no-impact home occupation, the use must not:
a.
Create objectionable noise, fumes, odor, dust, electrical interference, more than normal residential traffic, accumulation of debris, litter or junk on the premises, unsightliness of the premises, or any condition which degrades the residential character of the neighborhood are prohibited.
b.
Have exterior lighting which creates spillover on to adjoining residential properties including the creation of glare or shining into neighboring windows.
4.
Trash. Home occupations may not generate trash or refuse that exceeds normal residential trash and refuse.
5.
Outdoor Storage. Outdoor storage of equipment, inventory, or other supplies for the home occupation is prohibited.
6.
Disposal Of Solid Waste. Solid waste must not be deposited, stored, or otherwise maintained on the property.
7.
Parking. Home occupations must comply with all restrictions on parking and all customer parking must be located off of any public street.
8.
Public Health And Safety. Home occupations shall adhere to all City ordinances and regulations related to the public health and safety including but not limited to Fire and Building Codes, health and sanitation, transportation or traffic control, solid or hazardous waste, and pollution.
9.
Compliance With Laws. Home occupations shall comply with State and Federal laws including paying applicable taxes.
10.
Deliveries. All deliveries related to the home occupation shall be made between the hours of 7:00 A.M. and 9:00 P.M. Deliveries shall not be made by a vehicle that exceeds the size and/or weight rating for the street.
B.
Whenever it comes to the attention of the City, or the City receives an allegation of the existence of a violation of the no-impact home occupation regulations of this Section, the City shall investigate and make a determination as to whether said home occupation has violated this Section and whether said home occupation qualifies as a no-impact home occupation. If a violation of Section 400.175(A) is found to exist, the City Zoning Enforcement Officer shall notify the owner, lessee, or person engaged in the home occupation. If a violation of Section 400.175(A) is found to exist, the City Zoning Enforcement Officer shall notify the owner, lessee, or person engaged in the home occupation that the activity occurring on the premises does not comply with Section 400.175(A) and either: (a) issue a warning that further violations could result in a loss of the ability to continue the home occupations; or (b) provide a notice of hearing as described below. The Zoning Enforcement Officer shall only issue a warning letter in situations where there has been an isolated violation of Section 400.175(A).
1.
The notice of hearing described in Subsection (B) shall contain:
a.
Address or description of the property;
b.
Ordinance number and a copy of the ordinance being violated;
c.
Nature of the violation of the no-impact home occupation regulations; and
d.
Notice that the hearing will determine whether the home occupation qualifies as a no-impact home occupation and that a finding that the home occupation does not qualify as a no-impact home occupation will result in an order prohibiting the continued operation of the home occupation.
C.
The Zoning Enforcement Officer shall serve as the Hearing Officer and hold the hearing referenced in Subsection (B) above at the time and place indicated in the notice of hearing. The Hearing Officer shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received. The Hearing Officer shall prepare findings of fact, conclusions of law, and an order stating whether the home occupation qualifies as a no-impact home occupation. If the Hearing Officer finds that the home occupation does not qualify as a no-impact home occupation, the Hearing Officer has the authority to enter an order prohibiting the continued operation of the home occupation and to order the abatement of any violation of Section 400.175(A). The decision of the Hearing Officer may be appealed to the Board of Aldermen within ten (10) days of the posting of the Hearing Officer's notice on the property.
D.
Home occupations that have been found to not qualify as no-impact home occupations pursuant to Subsection (C) above may be issued a notice of violation. Nothing contained in this Section shall preclude the City from any other remedy, including, but not limited to, filing a civil suit, seeking an injunction, or taking other actions as permitted by law.
E.
Summons, Service Of. The City may issue a notice of violation in Municipal Court, directed by name to the owner, lessee, or person engaged in the home occupation for subsequent violations of the no-impact home occupation regulations following a determination that a home occupation is not a no-impact home occupation, and such summons shall show:
1.
Address or description of property on which the violation occurred or is located, and such other information as may be available to the City;
2.
The ordinance which is being violated and setting forth in general the nature of the violations; and
3.
Date on which the case will be on the Municipal Court docket for hearing.
Section 400.180 Wireless Communication Towers And Facilities.
[Ord. No. 437, 9-9-2025]
A.
Purposes. The purposes of these regulations are to regulate the placement and construction of wireless communications facilities and support structures in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, this Section is intended to:
1.
Provide for the appropriate location and development of wireless communications infrastructure to serve the citizens and businesses of the City;
2.
Minimize adverse visual impacts of wireless facilities and support structures through careful design, siting, landscape screening and innovative camouflaging techniques;
3.
Ensure that any new support structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;
4.
Encourage the use of disguised support structures so as to ensure the architectural integrity and the scenic qualities of areas within the City;
5.
Ensure that regulation of wireless facilities does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among providers of functionally equivalent services; and
B. ANTENNA CABINET COLOCATION DIRECTOR DISGUISED SUPPORT STRUCTURE FAA FCC HEIGHT REPLACEMENT SHELTER SUBSTANTIAL MODIFICATION1. 2. 3. 4. WIRELESS COMMUNICATIONS SERVICE WIRELESS FACILITY WIRELESS SUPPORT STRUCTURE
Definitions. Any term not expressly defined herein shall have the meaning set forth in Section 67.5090 through 67.5104, RSMo. As used herein, the following terms shall have the meanings and usages indicated:
Any device that transmits and/or receives electromagnetic signals for voice, data or video communications purposes, including, but not limited to, television, AM/FM radio, microwave, wireless communications services, and similar forms of communications (See Section 400.175 for further regulations). The term shall exclude satellite earth station antennas less than six (6) feet in diameter [mounted within twelve (12) feet of the ground or building mounted] intended for receipt of cable television services and any that receive over-the-air broadcast television.
A structure for the protection and security of communications equipment associated with one (1) or more antennas where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.
The placement or installation of a new wireless facility on a structure that already has an existing wireless facility, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.
The Zoning Enforcement Officer of the City or his or her designee.
Any freestanding, man-made structure designed for the support of wireless facilities, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures, may include, but are not limited to, clock towers, observation towers, pylon signs, water towers, light standards, flag poles and artificial trees.
The Federal Aviation Administration.
The Federal Communications Commission.
The vertical distance measured from the base of the structure at mean ground level to its highest point and including the main structure and all attachments thereto. Mean ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
Includes constructing a new wireless support structure of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation and includes the associated removal of the preexisting wireless facilities or wireless support structure.
A building for the protection and security of communications equipment associated with one (1) or more antenna(s) and where access to equipment is gained from the interior of a building.
The mounting of a proposed wireless facility on a wireless support structure which, as applied to the structure as it was originally constructed:
Involves adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty (20) feet or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable);
Involves the installation of more than the standard number of new outdoor equipment cabinets for the technology involved, not to exceed four (4) new equipment cabinets; or
Increases the square footage of the existing equipment compound by more than one thousand two hundred fifty (1,250) square feet.
Includes the wireless facilities of all services licensed to use radio communications pursuant to Section 301 of the Communications Act of 1934, 47 U.S.C. § 301.
The set of equipment and network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, power supplies, cabling, and associated equipment necessary to provide wireless communications services.
A structure, such as a monopole, tower, or building capable of supporting wireless facilities. This definition does not include utility poles.
C.
General Requirements. The requirements set forth in this Section shall be applicable to all wireless facilities, wireless support structures cabinets and shelters installed, built or modified after the effective date of this Section, to the full extent permitted by law.
1.
Principal Or Incidental Use. Wireless facilities and wireless support structures may be either a principal use in all zoning districts or an accessory use to existing multi-family, institutional, or non-residential uses, subject to any applicable zoning district requirement relating to location or setback.
2.
Building Codes, Safety Standards And Zoning Compliance. To ensure the structural integrity of wireless facilities and wireless support structures, such facilities and support structures shall be constructed and maintained in compliance with all standards contained in any State or local Building Code, National Electric Safety Codes, as amended from time to time. In addition to any other approvals required hereunder, no wireless facilities and wireless support structures shall be erected prior to the issuance of a building permit.
3.
Regulatory Compliance. All wireless facilities and wireless support structures shall meet or exceed current standards and regulations of the FAA, FCC, and any other governmental agency with the authority to regulate such facilities and support structures. Should such standards or regulations be amended, then the owner shall bring such facilities and support structures into compliance with the revised standards or regulations within six (6) months of the effective date of the revision, unless an earlier date is mandated by the controlling agency.
4.
Security. All wireless facilities and wireless support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build, or modify wireless facilities and wireless support structures. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Zoning Enforcement Officer or the Board of Aldermen in the case of a conditional use permit.
5.
Lighting. Wireless facilities and wireless support structures shall not be lighted unless required by the FAA or other governmental agency with authority to regulate. In such case, a description of the required lighting scheme shall be made a part of the application to install, build or modify the wireless facilities or wireless support structures.
6.
Advertising. Unless a wireless facility and/or wireless support structure is disguised in the form of an advertising device, such as a pylon sign or similar structure, the placement of advertising on support structures, cabinets or shelters regulated by this Section is prohibited.
7.
Design.
a.
Wireless facilities and wireless support structures, except disguised support structures shall maintain a galvanized steel finish or, subject to the requirements of the FAA and/or any applicable governmental agency, be painted a neutral color consistent with the natural or built environment of the site.
b.
Wireless facilities other than antennae shall have an exterior finish compatible with the natural or built environment of the site and shall also comply with such other reasonable design guidelines as may be required by the City.
c.
Wireless facilities mounted on a building, or a disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted and should be made to appear as unobtrusive as possible by location as far away as feasible from the edge of a building. Wireless facilities and wireless support structures mounted on the ground shall not exceed one hundred (100) feet in height unless specifically permitted by conditional use permit. Wireless facilities installed on a building shall not exceed twenty (20) feet from the highest point of the building, other than for licensed amateur radio uses.
d.
Wireless facilities, wireless support structures and cabinets mounted on the ground shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet at the time of installation. Such landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six-foot-high decorative fence or wall may be approved by the Zoning Enforcement Officer in the case of an application for a building permit, or by the Board of Aldermen in the case of a conditional use application, upon demonstration by the applicant than an equivalent degree of visual screening is achieved.
e.
All wireless support structures shall be separated from any single- or two-family residential structure a distance equal to the height of the wireless support structures. Wireless support structures on parcels adjacent to residentially zoned property shall meet the setbacks of the applicable zoning districts required for a principal structure along the adjoining property line(s). Where adjacent to non-residential zoned property, wireless support structures shall maintain setbacks as are required for accessory structures in such district.
f.
Ground anchors of all guyed wireless support structures shall be located on the same parcel as the wireless support structures and meet the setbacks of the applicable zoning district.
g.
Vehicle or outdoor storage on any the site of any wireless facility or wireless support structure is prohibited.
h.
On-site parking for periodic maintenance and service shall be provided at all locations as deemed necessary by the Zoning Enforcement Officer or by the Board of Aldermen in the case of a conditional use permit.
10.
New Wireless Support Structure/Substantial Modification. Prior to the issuance of a building permit, or a conditional use permit, the City shall require an applicant proposing to construct a new wireless support structure, or to make a substantial modification to a wireless support structure, to include a copy of a lease, letter of authorization, or other agreement from the property owner evidencing applicant's right to pursue the application and shall require such applicant to comply with all applicable permitting and land use ordinances of the City. Any decision denying such application shall be provided, in writing, to the applicant. With regard to an application for a new wireless support structure, the applicant shall provide to the City a statement affirming that it conducted an analysis of available collocation opportunities on existing wireless towers within the same search ring defined by the applicant, solely for the purpose of confirming that an applicant undertook such an analysis.
D.
Permitted Use. The placement of the following is permitted in all zoning districts by issuance of a building permit:
1.
Collocation and replacement applications, provided that no permit may be issued for collocation to a certified historic structure as defined in Section 253.545, RSMo., until at least one (1) public hearing has been held by the Zoning Enforcement Officer within thirty (30) days prior to issuance. The Zoning Enforcement Officer shall post public notice of such hearing in a prominent location at the City Government Center at least fifteen (15) days in advance of such hearing and shall provide written notice to all property owners within the City limits whose property lies within three hundred (300) feet of the parcel for which an application has been submitted. Collocation and replacement applications shall be required to comply with all applicable State and local Building Codes, National Electric Safety Code, recognized industry standards for structural safety, capacity, reliability, and engineering, but shall not be required to comply with other zoning or land use requirements, including design or placement requirements or public hearing review.
2.
The mounting of antennas on any building or structure such as a water tower; provided that, the presence of the antennas is concealed by architectural elements or camouflaged by painting a color identical to the surface to which they are attached.
3.
The installation of antennas or the construction of a wireless facility or wireless support structure or buildings or land owned by the City following the approval of a lease agreement by the Board of Aldermen.
4.
The installation of antennas or the construction of a wireless facility or wireless support structure on buildings or land owned by the State or any agency of the Federal government.
E.
Building Permit Required. An building permit issued by the Zoning Enforcement Officer is required as set forth below:
1.
Permitted Placement. The placement of the following is permitted in all zoning districts upon issuance of a building permit approved by the Zoning Enforcement Officer:
a.
The construction of a disguised support structure, provided that all related equipment shall be placed underground when the structure is located on property zoned for residential use. Equipment may be placed in a cabinet if the disguised support structure is incidental to a multi-family, institutional, or non-residential use.
b.
The installation of wireless facilities or the construction of a wireless support structure on buildings or land owned by a political subdivision of the State.
c.
The placement of dual solar panel antennas on wooden or steel utility poles, not to exceed forty (40) feet in height, provided that all related equipment is contained in a cabinet.
d.
Wireless support structures erected and maintained for a period not to exceed thirty (30) days for the purpose of replacing an existing tower, testing an existing or proposed network, or special events requiring mobile towers.
2.
Application Procedures. Applications for building permits shall be made on the appropriate forms to the Zoning Enforcement Officer, accompanied by payment of the prescribed fee:
a.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkway, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed wireless facility and/or wireless support structure.
b.
The application shall be reviewed by the Zoning Enforcement Officer to determine compliance with the applicable standards and transmit the application for review and comment by other City departments as may be affected by the proposed wireless facilities and/or wireless support structures.
c.
The Zoning Enforcement Officer shall issue a decision on the permit within the applicable time limits. The Zoning Enforcement Officer may consider the purposes of this Section and the factors established herein for granting a conditional use permit as well as any other considerations consistent with this Section and applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
F.
Conditional Use Permit Required. All proposals to install, build or modify a wireless facility or wireless support structure not covered under Subsections (D) or (E) above, shall require the approval of the Board of Aldermen by conditional use permit following receipt of recommendation by the Planning and Zoning Commission and a duly advertised public hearing by the Board of Aldermen.
2.
The review procedure for an application for a conditional use permit under this Section shall be in the manner set forth in Section 400.275 of this Code. A decision by the Board on an application shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered.
3.
No wireless support structure shall be approved in excess of one hundred (100) feet in height unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system or that of a public safety communications system of a governmental entity sharing the support structure. Such showing must also be supported by the opinion of a telecommunications consultant hired by the City at the expense of the applicant. The report of the consultant shall include a statement that no available alternatives exist to exceeding the height limitation or the reason why such alternatives are not viable.
G.
Removal Of Antenna Support Structures. Any wireless facility or support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the facility and/or support structure. In the case of co-use, this provision shall not become effective until all users cease operations. Any wireless support structure, or the upper portion of any wireless support structure, which is occupied by an inactive antenna for a period of six (6) months shall be deemed a nuisance and shall be removed by the City at the owner's expense.
H.
Filing Of Bond Or Other Security Prior To Permit Issuance. To the extent permitted by law, any applicant for a new wireless facility or wireless support structure not built as a disguised support structure shall file with the City a bond or other security satisfactory to the City prior to the issuance of any permit hereunder to ensure that such structure does not become unsafe or otherwise fail to comply with the requirements of this Section, including without limitation, failure to remove such structure as required pursuant to 400.300 hereof, or any other applicable regulations. The bond or security shall be in the form approved by the Zoning Enforcement Officer, in an amount not less than fifteen thousand dollars ($15,000.00), or such additional amount as is determined by the Zoning Enforcement Officer to protect the City in the event of non-compliance with the requirements hereof.
I.
Unlawful Operation Of Wireless Facilities Or Support Structures. Notwithstanding any right that may exist for a governmental entity to operate or construct a wireless facility or support structure, it shall be unlawful for any person to erect or operate for any private commercial purpose any new wireless facility or support structure in violation of this Section, regardless of whether such facility or support structure is located on land owned by a governmental entity.
Section 400.183 Site Plan Review And Approval.
[Ord. No. 437, 9-9-2025]
A.
All land uses and development subject to site plan review and approval are subject to the requirements of this Section. In addition, all planned development proposed in accord with the provisions of Section 400.137 of this Chapter shall be subject to the provisions of Article VII, Section 400.280 of this Chapter which provides for changes or amendments to the Code which amend, supplement or change, modify or repeal the boundaries or regulations of the of the Zoning Code.
B.
The process for approval of a site plan shall be as follows:
1.
Application. The owner or owners of record or owners under contract of a lot or tract of land or their authorized representatives shall petition the Board of Aldermen on forms prescribed for this purpose by the Planning and Zoning Commission. These forms are to be submitted to the Zoning Enforcement Officer or designated representative and accompanied by the following:
a.
Applicable filing fee.
b.
Legal description of the property.
c.
Outboundary plat of the property.
d.
Preliminary development plan depicting, but not limited to, the following:
(1)
Proposed Uses. Conceptual location and configuration of buildings including elevations, approximate locations of common ground and/or open space areas, streets, sidewalks, walking or biking trails, major utility easements, and stormwater retention or detention areas shall be indicated.
(2)
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Floor plan areas shall be indicated.
(3)
Approximate location of all isolated trees having a diameter at breast height of six (6) inches or more, all tree masses and proposed landscaping.
(4)
Two (2) section profiles through the site showing preliminary building form, existing natural grade and proposed final grade.
(5)
Proposed ingress and egress to the site, including adjacent streets and approximate alignments of internal roadway systems.
(6)
Preliminary plan for sanitation and drainage facilities.
2.
Hearing/Public Hearing.
a.
A hearing on the petition shall be held by the Planning and Zoning Commission following the filing of completed application with the Zoning Enforcement Officer or designated representative and the acceptance of such application thereby as a complete application. The Planning and Zoning Commission shall thereafter make a recommendation to the Board of Aldermen with respect to the application petition including its findings with respect to the provisions of Section 405.170. The recommendation shall be in the form of a written report that includes all development and design stipulations and/or conditions recommended by the Commission and be accompanied by a site plan that complies with their recommendations and the provisions of this Chapter.
b.
The applicable provisions with respect to all petitions under this Section and proceedings with respect thereto, including public hearings and any ordinances resulting therefrom, but no public hearing shall be commenced until the petitioner has provided payment for the notice of publication of such public hearing. If such payment is not provided by the petitioner within sixty (60) days of submission of a bill thereto, the petition shall be deemed abandoned and the request for public hearing withdrawn.
c.
Upon the issuance of a recommendation by the Planning and Zoning Commission or if no recommendation has been made by the Planning and Zoning Commission within sixty (60) days of acceptance of the completed application by the Zoning Enforcement Officer or designated representative, the petitioner may request the Board of Aldermen to set a public hearing on such petition by filing a written request therefor with the City Clerk together with any required deposit to cover the anticipated costs of advertising such public hearing. If the petitioner has requested the setting of the public hearing in the absence of a recommendation from the Planning and Zoning Commission, the Planning and Zoning Commission shall be deemed to have made a recommendation of approval.
3.
Planning And Zoning Commission Recommendation. No action shall be taken by the Board of Aldermen with respect to the petition until it has received the recommendation of the Planning and Zoning Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted developments and uses. A recommendation of approval shall include recommended conditions to be included in the ordinance authorizing the establishment of the "PD-R" Planned Residential District. Such conditions, shall include, but not be limited to, the following:
a.
Permitted uses, including maximum floor area.
b.
Performance standards of the zoning district.
c.
Height limitations.
d.
Minimum yard requirements.
e.
Off-street parking and loading requirements.
f.
Sign regulations.
g.
Minimum requirements for site plans.
h.
Time limitations for commencement and completion of construction.
4.
Site Plans. After passage by the Board of Aldermen of an ordinance authorizing the establishment of a "PD-R" Planned Residential District, the final site development plan shall be submitted to the Zoning Enforcement Officer to review for compliance with the applicable district regulations or conditional use requirements prior to issuance of construction permits. Any variations from the ordinance approved by the Board of Aldermen and/or the conceptual plans attached to such ordinance shall be processed in accordance with the procedure established in Section 400.280 and/or as required by Section 400.183(C) below.
C.
In order to amend the provisions of an existing site plan ordinance or to amend the recorded site plan, site development concept plan or site development section plan approved for the residential development, the procedure shall be as follows:
1.
Submission/Advisory Determination Regarding Necessity For Public Hearing. The property owner or authorized representative may submit a written request to amend ordinance conditions to the Zoning Enforcement Officer or designated representative for review. The Zoning Enforcement Officer or designated representative shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally or previously advertised for public hearing and shall make an advisory determination regarding the necessity of public hearing.
2.
Determination Of Necessity Of Public Hearing. If the Zoning Enforcement Officer or designated representative determines that the requested amendment is not consistent in purpose and content with the nature of the proposals as originally or previously advertised for public hearing, the Zoning Enforcement Officer or designated representative shall so report to the applicant and the Planning and Zoning Commission. In such event, if the applicant wishes to proceed with that request to amend ordinance conditions, further action with respect thereto shall be required to be in accordance with the applicable provisions of this Section and shall require a new public hearing by the Board of Aldermen before enactment of any ordinance amending conditions of the existing ordinance.
3.
Advisory Determination Of Non-Necessity For Public Hearing/Planning And Planning And Zoning Commission Action And Determinations.
a.
If the Zoning Enforcement Officer or designated representative determines that the requested amendment is consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, the Zoning Enforcement Officer or designated representative shall make an advisory determination of non-necessity of public hearing and so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall thereafter review the request and the report to the Zoning Enforcement Officer or designated representative.
b.
If the Planning and Zoning Commission agrees that the requested amendment is consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, it shall make a preliminary determination of non-necessity of public hearing and shall report such determination and a recommendation to the Board of Aldermen with respect to the proposed amendment, which recommendation shall be in accordance with the provisions applicable to this Section and shall note any recommended changes in conditions.
c.
If the Planning and Zoning Commission determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, it shall issue a determination of necessity for public hearing and so report to the applicant and the Board of Aldermen, in which event if the applicant wishes to proceed with its request to amend ordinance conditions, further action with respect thereto shall be required to be in accordance with the provisions applicable to this Section and shall require a new public hearing by the Board of Aldermen before enactment of any ordinance amending conditions of the existing ordinance.
4.
Board Action.
a.
The Board of Aldermen may, by ordinance enacted after submission of a recommendation from the Planning and Zoning Commission upon a determination by it that the amendments provided for therein are consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, amend the pertinent existing ordinance.
b.
The Board of Aldermen may, by motion, determine that the requested amendments are not consistent in purpose and content with the nature of the proposal as originally or previously advertised for public hearing, in which event if the applicant wishes to proceed with its request to amend ordinance conditions, further actions with respect thereto shall be required to be in accordance with the applicable provisions of this Section and shall require a new public hearing by the Board of Aldermen before enactment of any ordinance amending conditions of the existing ordinance.
c.
Nothing herein shall obligate the Board of Aldermen to take any actions with regard to a recommendation of disapproval or any other recommendation by the Planning and Zoning Commission relative to a request under this Section to amend ordinance conditions.
5.
Election By Applicant To Proceed. Nothing herein shall prevent or prohibit an applicant from electing to petition for a new or amended ordinance.
D.
Planned Development — Guarantee Of Improvements. For site plans approved in conjunction with planned development zoning as provided for in Article II, Section 400.137 the following shall apply:
Unless otherwise provided for in the conditions of the ordinance governing a particular "PD-R" or "PD-MXD" planned development, no building permits or permits authorizing the occupancy or use of a building or facility may be issued until required related public improvements on- and off-site improvements are constructed or a performance bond, escrow or other acceptable instrument is posted governing their estimated cost as determined by the Building Commissioner or designated representative. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements, which shall include, but not be limited to, streets, sidewalks, sanitary and storm sewer, streetlights, and street trees. If a "PD-R" development is to be developed in phases, the requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question, even though such improvements may be located outside of the phase in question.
E.
Planned Development — Failure To Commence Construction. Substantial construction shall commence within the time period specified in the conditions of the ordinance governing the "PD-R" or "PD-MXD" planned development unless such time period is extended by the Planning and Zoning Commission. If substantial construction or development does not begin within the time period specified in the conditions of the ordinance governing the phase, building, unit or extensions authorized therein, the Planning and Zoning Commission may recommend to the Board of Aldermen that action be taken to repeal, review or amend the existing ordinance or to rezone some or all of the property covered by the existing ordinance or to revert some or all of such property to prior or other zoning classifications. No building or occupancy permit shall be issued for the development or use of the property until completion of action by the Board of Aldermen on the proceedings to rezone the property in accord with the provisions of the Section 400.280 of this Chapter.