Lake Lotawana City Zoning Code
CHAPTER 410
Zoning Districts and Uses
Section 410.005 Definitions.
[Ord. No. 22-12, 4-19-2022]
As used in this Chapter the following terms shall have the meanings indicated:
Retail stores that sell or otherwise provide assorted goods; products for personal grooming and for the day-to-day maintenance of personal health; and that sell food and beverages for off-premises consumption; and that have a minimum floor area of one thousand (1,000) square feet dedicated to the sale of fresh meat, fruits and vegetables. A principal use grocery store may include an accessory use restaurant or dining area for on-premises consumption of food and beverage items. Does not include medical or recreational marijuana dispensaries.
[Ord. No. 23-24, 12-5-2023]
A Lot that does not conform to the Zoning Regulations but which was in existence and lawful prior to the adoption of these regulations and Ordinance 849 on 10-16-2007.
A structure that does not conform to the Zoning Regulations but which was in existence and lawful prior to the adoption of these regulations and Ordinance 849 on 10-16-2007.
The use of land or the use or location of a structure that does not conform to the regulations as to use for the district in which it is situated but which was in existence and lawful prior to the adoption of these regulations and Ordinance 849 on 10-16-2007.
Retail stores with floor area less than twelve thousand five hundred (12,500) square feet that offer for sale a combination and variety of convenience shopping goods and consumer shopping goods; and continuously offer a majority of the items in their inventory for sale at a price less than ten dollars ($10.00) per item. Does not include medical or recreational marijuana dispensaries.
[Ord. No. 23-24, 12-5-2023]
Section 410.010 Establishment Of Zoning Districts.
[Ord. No. 849 § 410.1, 10-16-2007; Ord. No. 883 § 1, 3-17-2009; Ord. No. 15-05, 3-17-2015; Ord. No. 19-01, 4-3-2019; Ord. No. 21-22, 11-2-2021; Ord. No. 24-21, 9-17-2024]
A.
In order to carry out the purpose and intent of these regulations, the City of Lake Lotawana is hereby divided into the following zoning district classifications:
1.
Estate Residential ("ER") District.
2.
Low Density Residential ("LDR") District.
3.
Medium Density Residential ("MDR") District.
4.
Lakeside Residential ("LR") District.
5.
Town House Residential ("THR") District.
6.
Neighborhood Commercial ("NC") District.
7.
Highway Commercial ("HC") District.
8.
Office Technology Center ("OTC") District.
9.
Planned Development ("PD") District.
10.
Agricultural ("A") District.
11.
Parks and Open Spaces ("PO") District.
12.
Light Industrial ("LI") District.
13.
Heavy Industrial ("HI") District.
14.
Public or Private Preserve ("PP") District.
Section 410.020 Establishment Of Zoning Overlay Districts.
[Ord. No. 849 § 410.2, 10-16-2007]
An overlay zoning district may be established addressing special siting, use and compatibility issues which require use and development regulations in addition to those found in the underlying zoning districts. If any regulation in an overlay zoning district requires lower densities, greater setbacks, or otherwise imposes more restrictive requirements than those required by the base zoning district, both the additional and the more restrictive requirement shall apply. The zoning designation of property located within an overlay district shall consist of the regular zone symbol preceded by the overlay district symbol as a prefix. Overlay districts may be created for transportation corridors, floodplains, environmentally sensitive lands, quarries, sand or gravel excavations, and stream corridors. A Quarry or Sand or Gravel Excavation Overlay District (QSGD) has been created in these regulations.
Section 410.030 Zoning Map.
[Ord. No. 849 § 410.3, 10-16-2007]
A.
Adoption Of Official Zoning Map. The Official Zoning Map (Zoning Map) and the explanatory material thereon is hereby adopted by reference and declared to be a part of these regulations. Such Zoning Map and all the notations, references and other matters shown on the map shall be as much a part of these regulations as if the notations, references and other matters set forth by said map were all fully described in the zoning regulations. The Zoning Map shall be on file in the office of the City Clerk and shall bear the signature of the Mayor attested by the City Clerk under certification as the Official Zoning Map.
B.
Zoning Map District Boundaries. The boundaries of zoning districts within these regulations are as indicated upon the Zoning Map. Whenever the City approves an amendment to the Zoning Map, such amended Zoning Map is made a part of these regulations by reference.
C.
Changes In Zoning Map. No change in the Zoning Map shall be made except in accordance with these regulations. All such changes, together with the ordinance number and the date of change, shall be promptly recorded on the Zoning Map by the City Clerk with the signature of the Mayor. No amendment to these regulations which involves changes to the Zoning Map shall become effective until after such change and entry have been made. In the event that the Zoning Map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions, the Board of Aldermen may, from time to time, adopt a new Zoning Map which shall supersede the prior Zoning Map; provided, however, that the adoption of a new Zoning Map as set forth above shall not have the effect of amending any district boundary.
D.
Maintenance Of Zoning Map. The City Clerk shall maintain the Zoning Map.
E.
Interpretation Of The Zoning Map. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
1.
Boundaries indicated as following streets, highways, alleys or other public rights-of-way shall be construed to follow the center lines thereof.
2.
Boundaries indicated as following platted lot lines shall be construed as following the lot lines.
3.
Boundaries indicated as approximately following section lines, quarter lines, quarter section lines, or quarter-quarter section lines shall be construed as following the lines.
4.
Boundaries indicated as following corporate limits shall be construed as following corporate limits.
5.
Boundaries indicated as following the rivers, streams, creeks or other waterways shall be construed to follow the center lines.
6.
Boundaries not capable of being determined in the previous Subsections shall be as dimensioned on the Zoning Map or, if not dimensioned, shall be determined by the scale shown on the Zoning Map.
7.
Where a district boundary divides a lot of record, the Planning and Zoning Commission may permit, as a conditional use permit, the extension of the district regulations for either portion of the lot to the remaining portion of the lot, provided that the district regulations may not be applied for a distance greater than fifty (50) feet beyond the established district boundary line.
8.
Where physical features are at variance with those shown on the Zoning Map, or in other circumstances not covered by the foregoing, the Zoning Administrator shall interpret the district boundaries subject to appeal to the Planning and Zoning Commission, consistent with the land use maps, goals, objectives, policies and actions as set forth in the City's adopted Comprehensive Plan.
Section 410.040 Zoning District Purposes.
[Ord. No. 883 § 2, 3-17-2009; Ord. No. 849 § 410.4, 10-16-2007; Ord. No. 15-05, 3-17-2015; Ord. No. 19-01, 4-3-2019; Ord. No. 21-22, 11-2-2021; Ord. No. 24-21, 9-17-2024]
A.
These regulations are made in accordance with and shall be consistent with the adopted Comprehensive Plan for the City. The City is zoned in districts that are established to achieve the general purposes set forth in these regulations as defined by each district's purpose set forth below.
1.
Estate Residential District. The "ER" District is designated for very low density residential living in rural subdivisions. Any land zoned "ER" shall have adequate access to an approved public road, but should not be located where urban level services, including public facilities, will be provided.
2.
Low Density Residential District. The "LDR" District is designated for low density residential living in ex-urban subdivisions and provides a transition between the "ER" District and the "MDR" District. No land shall be rezoned to "LDR" where urban level services, including public facilities, are provided. Any land zoned "LDR" shall have adequate access to an approved public road.
3.
Medium Density Residential District. The "MDR" District is designated for medium density residential suburban living as a transition between Estate Residential and Low Density Residential and Town House Residential, Neighborhood Commercial, Highway Commercial and Office Technology. Land rezoned to "MDR" shall have adequate public road access, and if constituting a clustered subdivision or through an approved Planned Unit Development District may be approved for centralized water and wastewater facilities.
4.
Lakeside Residential District. The "LR" District is the equivalent of the City's prior "R-1" Residential District and is intended for higher density single-family detached development around Lake Lotawana.
5.
Town House Residential District. The "THR" District is designated for attached single-family dwellings, and offers opportunities to provide for a variety of housing needs in the Milton Thompson area. Clustering may be permitted through subdivision or through an approved Planned Unit Development District. Land designated "THR" shall have access to arterial roads and adequate community facilities.
6.
Neighborhood Commercial District. The "NC" District is designated to provide for limited office and professional services with accessory retail uses, designed in scale with surrounding residential uses. Land zoned to "NC" shall have access to adequate public arterial roads and adequate public facilities.
7.
Highway Commercial District. The "HC" District is designated for highway intensive and localized commercial activities serving the community and surrounding areas. Land zoned to "HC" shall have access to adequate public facilities, including arterial roads and sanitary sewer systems.
8.
Office Technology Center District. The "OTC" District is designated for office and high technology land uses located in a park-like setting. Land zoned to "OTC" shall have access to adequate public facilities, including arterial roads and sanitary sewer systems.
9.
Planned Development District. The "PD" is a floating zone district intended to provide for mixed use developments (including residential, commercial and office structures or developments) with a long-term or multi-phased build-out. A "PD" requires an application for rezoning to the "PD" District and other approvals as established in 420.020. Approved "PD" Districts will be designated as "PD" on the Official Zoning Map.
10.
Agricultural District. The "A" District is designated for agricultural activities and related uses. Land zoned to "A" is likely to be developed with other land uses in the future. Activities conducted in the "A" District should not be detrimental to surrounding land uses.
11.
Parks And Open Spaces District. The "PO" District is designated for areas predominantly used for recreation or green space. This District is intended to provide recreational opportunities throughout the community and is designed to facilitate green infrastructure, such as, natural methods of stormwater management and stream setbacks, as well as parks, trails, and recreational facilities.
12.
Light Industrial District. The "LI" District is intended primarily for production, processing, and assembly plants that are operated so that noise, odor, dust, and glare of such operations are completely confined within an enclosed building. These industries will, by their nature, generate traffic; however, the size and volume of raw materials and finished products should not produce the volume of traffic generated by heavy industrial uses. The Light Industrial District is also intended for the development of office/warehouse uses.
13.
Heavy Industrial District. The "HP" District is intended to manage the development of heavy and intensive industrial uses, including asphalt plants, feed lots and scrap and waste materials. Most activities will consist of manufacturing or outdoor storage yards. These districts encourage the development of industrial buildings grouped around major transportation systems. The buildings would accommodate businesses engaged in intensive manufacturing, with limited light manufacturing uses.
14.
Public Or Private Preserve. The Public or Private Preserve ("PP") zoning designation provides for use and protection of land with limited use activities to protect the natural watershed with low-impact recreational activities (such as the construction of walking trails), sustainable planting and forestry practices that help maintain water quality and quantity. Land designated Public or Private Preserve shall be allowed to hold events upon receipt of a Conditional Use Permit from the City.
Section 410.050 Zoning District Uses.
[Ord. No. 849 § 410.5, 10-16-2007]
A.
Uses Authorized In Zoning Districts. The uses listed in Exhibit 410-A are authorized for each zoning district.
1.
Permitted uses. A "P" designates that the listed use is allowed as of right within the respective zoning district. Permitted uses are subject to all applicable standards of these regulations.
2.
Conditional uses. A "C" designates that the listed use is allowed within the respective zoning district only after review and approval of a conditional use permit in accordance with the review procedures of these regulations. Conditional uses are subject to all applicable standards of these regulations.
3.
Non-authorized uses. An "N" designates that the listed use type is not allowed within the respective zoning district.
4.
Accessory uses. An "A" designates that the listed use type is only permitted as an accessory or secondary use incidental to the principal permitted use.
5.
Overlay zoning district. An "OZ" designates that an overlay zoning district is required.
B.
Uses Not Listed In Zoning Districts. The uses listed in Exhibit 410-A as authorized for each zoning district are general categories. For any use not explicitly listed as authorized in a zoning district, the Zoning Administrator shall make a determination if such non-listed proposed use may or may not be interpreted to be within the general category of a listed use, by reference to the Comprehensive Plan and use categories. Interpretations shall be approved by the Planning and Zoning Commission at the next regularly scheduled meeting, subject to appeal to the Board of Aldermen. An appeal to the Board of Aldermen may be made by the applicant, any contiguous neighborhood association, any aggrieved person with standing or the Planning and Zoning Commission, Zoning Adjustment or the Board of Aldermen certifying the matter for appeal.
C.
Prohibited Conversions. Unless expressly provided for in these regulations, no land shall be used and no structure shall be erected for, or converted to, any use other than those authorized for the district in which the use is located. No structure or portion thereof designed and constructed as a residential structure shall be changed to a non-residential use, except pursuant to a use variance granted by the Board of Adjustment in accordance with these regulations, or a change in the zoning district pursuant to an amendment to the Zoning Map approved consistent with these regulations and with the Comprehensive Plan. An amendment to the Comprehensive Plan shall be required prior to the approval of a change in the Zoning Map. Use variances shall only be granted if consistent with the goals, objectives and policies of the Comprehensive Plan, unless such use variance is constitutionally required to avoid a regulatory taking of the property.
Section 410.060 Authorized Uses In "Lakeside Residential" Districts.
[Ord. No. 849 § 410.6, 10-16-2007]
A.
In District "Lakeside Residential," no structure or land shall be used, and no building or structure shall be erected, altered, enlarged or moved, except for one (1) of the following categories:
1.
Dwellings. Designed exclusively for occupancy by and providing living quarters for only one (1) family.
2.
Parks and recreational areas.
3.
Churches and community structures.
4.
Fire stations, police stations, public schools, libraries, museums or other public structures, or uses owned or controlled and operated exclusively by the City of Lake Lotawana.
5.
Home occupation is subject to the following conditions:
a.
Any such occupation must be conducted by a person in the dwelling used by him/her as his/her private residence.
b.
Only resident members of the immediate family of the person conducting the home occupation may be employed in such occupation.
c.
The residential appearance of the dwelling in which any such occupation is conducted shall not be changed in any way.
d.
No window display or window sign shall be allowed, nor shall any sign of any kind be placed on or around the dwelling or on the lot, parcel or tract other than a non-illuminated yard sign not more than two (2) square feet in area which may be used to advertise any such occupation.
e.
Adequate off-street parking must be provided.
f.
Only electric power shall be used in conducting any such occupation and no electric motor in excess of one (1) horsepower shall be used therein.
6.
Garages or carports for the shelter of one (1) or more motor vehicles subject to the following restrictions and limitations:
a.
Every garage or carport shall be attached to a dwelling, except as provided in this Section;
b.
A garage may be unattached if all of the following conditions are met:
[Ord. No. 18-05, 7-3-2018]
(1)
The garage is the only structure on the lot it occupies;
(2)
The garage is not used as a dwelling;
(3)
(Reserved)
(4)
The garage is not taller than one and one-half stories;
(5)
The garage is of residential construction and appearance, using traditional wood-frame construction with exterior walls of wood, stucco, or masonry brick. No prefabricated metal pole barns are permitted;
(6)
The garage maintains twenty-foot setbacks from street side property lines and right-of-way, five-foot side yard setbacks, and twenty-foot rear yard setbacks; and
(7)
If the garage is less than 1,200 square feet, a restrictive covenant, in form and content satisfactory to the City Attorney, is recorded against the property in the office of the County Recorder and provides that the use of the lot on which the garage is located shall be used only as a residential garage for the residents of a lawful dwelling located on a lot of record in the City, and that such lot may not be separated, subdivided or split off from the lot on which the residential dwelling is located. After the restrictive covenant is recorded, a copy of the recording certificate shall be provided to the City, prior to the issuance of a building permit.
c.
Every garage shall have a minimum size of two hundred forty (240) square feet and a maximum size of one thousand two hundred (1,200) square feet;
[Ord. No. 18-05, 7-3-2018]
d.
Every carport shall have a minimum size of two hundred forty (240) square feet and a maximum size of eight hundred forty (840) square feet.
7.
Temporary sheds used in connection with the construction of permitted structures may be maintained on any lot during the course of any such construction on said lot, except that any such shed shall be removed within thirty (30) days after occupancy of the permitted structure.
8.
A "For Sale" or "For Rent" sign not larger than four (4) square feet in area may be placed in the yard of any lot for the purpose of advertising the offering for sale or rent of such lot and any improvements thereon.
9.
No lot or land in the Lakeside Residential District shall be used for the construction, maintenance or use of a road, driveway or access way which would provide ingress and egress from areas outside the two-foot reserve (commonly referred to as the perimeter road or zone) to the private roads designated lake roads on the recorded plat of Lake Lotawana.
10.
Docks.
11.
Boathouse.
Section 410.070 Non-Conforming Uses.
[Ord. No. 849 § 410.7, 10-16-2007; Ord. No. 22-12, 4-19-2022]
A.
Purpose, Generally.
1.
Within the City there exist uses of land which were lawful prior to the adoption of these regulations but which do not conform with the use requirements of such land permitted by these regulations. The purpose and intent of these regulations is to permit these lawful non-conforming uses to continue until they are removed or abandoned, but not to encourage their continuation or expansion.
2.
Any non-conforming use which was lawful under the Zoning Regulations in effect at the time of the passage of this Section of these Zoning Regulations, and Ordinance 849 on 10-16-2007, shall be allowed to continue.
Section 410.080 Non-Conforming Structures.
[Ord. No. 22-12, 4-19-2022]
A.
Purpose, Generally.
1.
Within the City there exist structures which were lawful prior to the adoption of these regulations but which do not conform with the requirements of these regulations. The purpose and intent of these regulations is to permit these lawful non-conforming structures to continue until they are removed or abandoned.
2.
Any non-conforming structure which was lawful under the Zoning Regulations in effect at the time of the passage of this Section of these Zoning Regulations, Ordinance 849 on 10-16-2007, shall be allowed to continue.
B.
Limitations.
1.
Replacements Of Sundecks To A Non-Conforming Structure. A sundeck, or covered sundeck as defined in this Code, which is of a lawful non-conforming nature and in existence at the time of the passage of this Section of these Zoning Regulations, and Ordinance 849 on 10-16-2007, shall be allowed to be replaced without the need of a variance, provided that the replacement is of the same footprint, and does not materially differ from the existing structure being replaced as determined by the Zoning Administrator or City staff acting in the role of Zoning Administrator.
2.
Expansions To A Non-Conforming Structure. Expansions may be made to any lawful non-conforming structure provided that the expansion conforms to these Zoning Regulations, even though such structure or the lot upon which such structure is located does not conform to these Zoning Regulations. Expansions to lawful non-conforming structures that do not increase the building footprint or height of the non-conforming portion of the lawful non-conforming structure shall not require a variance from the Board.
Section 410.090 Non-Conforming Lots.
[Ord. No. 22-12, 4-19-2022]
A.
Purpose, Generally.
1.
Within the City there exist lots which were lawful prior to the adoption of these regulations and Ordinance 849 on 10-16-2007, but which do not conform with the requirements of these regulations. The purpose and intent of these regulations is to permit these lawful non-conforming lots to continue until they are removed or abandoned.
2.
A legally established subdivision lot or any other legally established lot of official record which became non-conforming as the result of adoption of these regulations or which subsequently becomes non-conforming as a result of amendments to these regulations may be developed for any permitted, conditional or accessory use identified within the applicable district regulations.
3.
All development on non-conforming lots shall comply with all applicable district regulations.
4.
If development in accordance with lot development standards is not possible, the property owner shall comply with the area regulations of the closest conforming district whose area regulations would permit development on the lot. If the plat specifies building setbacks, development of vacant non-conforming lots shall comply with the setbacks set forth in these regulations to the greatest extent possible. A parcel of land with an area less than that required for the applicable zoning district may be used for any purpose permitted in the zoning district if:
a.
The owner is able to demonstrate to the satisfaction of the Board of Adjustment that the parcel was lawful at the time it was created.
(1)
There is no reasonable method by which the non-conforming lot may become conforming, such as the addition of adjoining land under the same ownership;
(2)
The use meets all other regulations prescribed for the zoning district prior to occupancy or use; and
(3)
The proposed use can be developed in a safe manner that adequately provides for water and wastewater facilities in conformance with these regulations.
5.
Development of non-conforming lots without connection to a sewer system or centralized sewage treatment system will not be authorized unless the applicant can demonstrate compliance with the requirements of the Jackson County Department of Public Works for private on-site wastewater treatment systems. If lot areas are insufficient for on-site sewage disposal systems, the City may approve the use of reserved off-site drain fields, if permitted by applicable County regulations.
Section 410.100 Marijuana Facilities.
[Ord. No. 21-22, 11-2-2021; Ord. No. 23-05, 3-21-2023]
B.
All marijuana facilities shall be located at least one thousand (1,000) feet from all school properties, day care operations, and churches that are currently operating.
1.
In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility.
2.
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest inn proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
C.
Hours Of Operation. 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 10:00 P.M., Monday — Sunday. 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.
D.
No marijuana facility shall emit a nuisance odor. (An odor is a nuisance if it occurs on a regular basis and unreasonably interferes with the proper use and enjoyment of the property of others.) All marijuana facilities shall have and maintain an odor control system which is at least as stringent as that which is required by State regulations.
E.
All applications for marijuana facilities shall be accompanied by the following information:
1.
Site plan and building plan showing the location of all activities.
2.
Security plans for the facility demonstrating security systems, equipment, and procedures which are at least as stringent as those which are required by State regulations.
3.
Odor control systems for the facility demonstrating such systems are at least as stringent as that which is required by State regulations.
4.
Additional information may be required prior to issuance of a conditional use permit.
F.
No marijuana facility may operate in the City of Lake Lotawana without a valid license issued by the Missouri Department of Health and Senior Services (DHSS) and a current business license issued by the City of Lake Lotawana. The license issued by the DHSS shall be prominently displayed near the front entrance to the facility as required by State regulations.
G.
No marijuana facility may use combustible gases or CO2 during the extraction process within the City of Lake Lotawana except those licensed by the State of Missouri and operating as a marijuana-infused products manufacturing facility.
H.
No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any marijuana facility within the City of Lake Lotawana.
I.
Signage shall comply with the signage regulations in Section 426 of these Codes as well as all other requirements of the State of Missouri related to signage for marijuana facilities.
J.
Display Of License Required. Licenses issued by the State of Missouri shall be displayed in a highly visible area within twenty (20) feet of the front door of the facility.
K.
All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in a secured area enclosed by a fence meeting the City's requirements for fencing type, maximum height, and setback requirements. To the extent authorized by State regulations, outdoor operations or storage shall only be allowed for a marijuana cultivation facility, marijuana testing facility, and a marijuana transportation facility. Outdoor storage shall be prohibited for marijuana dispensaries.
L.
All marijuana facilities shall comply with all provisions of the Zoning Regulations of the City of Lake Lotawana, all provisions of Article XIV, Section 1 of the Missouri Constitution, as well as any and all rules and regulations promulgated by the DHSS regulating marijuana, including, but not limited to, security requirements, lighting, parking, record maintenance and retention, and patient verification requirements.
Section 410.110 Regulation Of Small Box Discount Stores.
[Ord. No. 23-24, 12-5-2023]
A.
Purpose And Intent. The purpose of this Section is to modify and supplement regulations in the City to create greater diversity in retail options and convenient access to fresh meats, fruits and vegetables. These regulations are intended to:
1.
Avoid and reduce over-concentration of small box discount stores in the area.
2.
Encourage and streamline grassroots access to fresh meats, fruits and vegetables.
3.
Encourage a greater diversity of retail activity and purchasing options within the area.
4.
Allow for a more community-based approach to distributing and purchasing fresh meats, fruits and vegetables in a specified area.
5.
Promote investment and development in a community where change is desired.
B.
Applicability. Except as otherwise expressly stated, the regulations of this Section apply to all new uses and structures and all building alterations and site modifications that require a building permit.
C.
Exemptions.
1.
Uses that contain a prescription pharmacy or offer for sale gasoline or diesel fuel are exempt from the dispersal standards established in Section 410.110(D).
2.
Uses that dedicate a minimum floor area of five hundred (500) square feet to the sale of fresh meat, fruits or vegetables are exempt from the dispersal standards established in Section 410.110(D).
3.
Grocery stores are exempt from the dispersal standards established in Section 410.110(D).
D.
Dispersal Standards For Small Box Discount Stores. To avoid over-concentration, a small box discount store, as defined in Section 410.005, must be separated from another small box discount store within or outside the City corporate limits by a minimum distance of twenty-one thousand one hundred twenty (21,120) feet. The required separation distance must be measured in a straight line from the nearest point on the lot line of the property occupied by a small box discount store to the nearest point on a lot line of the other property occupied by a small box discount store. The separation distance requirements of this Section may be reduced with approval of a variance and a conditional use permit by the Board of Adjustment and the Board of Aldermen, respectively.