Lone Jack City Zoning Code
ARTICLE V
Additional Controls
Section 400.410 Conditional Use Permits.
[CC 2005 UDO § 5.1; Ord. No. 302, § 2]
A.
Generally.
[Ord. No. 787, 10-19-2023]
1.
The purpose of conditional use permits is to provide the City with a procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined in consideration of surrounding uses, activities and conditions of the site and of surrounding areas. Based upon this determination, the City may decide to permit, reject or permit conditionally the use for which the conditional use permit is sought.
2.
The Board of Aldermen may authorize by ordinance, under prescribed conditions, the construction or undertaking of any conditional use that is expressly permitted as a conditional use in a particular zoning district; however, the City reserves full authority to deny any request for a conditional use, to impose conditions on the use or to revoke approval at any time, upon a finding that the permitted conditional use will or has become unsuitable and incompatible in its location as a result of any nuisance or activity generated by the use.
B.
Status Of Conditional Permitted Uses.
1.
The designation of a use in a zoning district as a conditional use does not constitute an authorization or assurance that such use will be approved.
2.
Approval of conditional use permit shall be deemed to authorize only the particular use for which the permit is issued.
3.
No use authorized by a conditional use permit shall be enlarged, extended, increased in intensity or relocated unless an application is made for a new conditional use permit in accordance with the procedures set forth in these regulations.
4.
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these regulations, other appropriate provisions of the ordinances of the City of Lone Jack, or any permits required by regional, State or Federal agencies.
C.
Application For Conditional Use Permit.
1.
An application for a conditional use permit may be submitted by the property owner or by the property owner's authorized representative.
D.
Public Hearing.
[Ord. No. 787, 10-19-2023]
1.
The Planning and Zoning Commission shall hold a public hearing on the application and make a recommendation to the Board of Aldermen.
2.
The Board of Aldermen shall hold a public hearing on the application.
3.
Standards. The Board of Aldermen shall not approve a conditional use unless it finds that the application and evidence presented clearly indicate that the proposed conditional use meets the following conditions:
a.
The proposed use at the specified location is consistent with the Comprehensive Plan and any other plans.
b.
The proposed use is consistent with the general purpose and intent of this Chapter.
c.
The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
d.
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both, to ameliorate such impacts.
e.
The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.
f.
The proposed use will contribute to and promote the community welfare and convenience at the specific location.
g.
The proposed use will not cause substantial injury to the value of neighboring property.
E.
If the proposed use requires a division of land, an application for a subdivision or other land division shall be submitted in conjunction with the application for a conditional use permit. Approval of the conditional use permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the conditional use permit shall take effect upon final approval of the phase of the subdivision containing the property on which the conditional use is to be located.
F.
Decision On Conditional Use Permit And Appeal. The Board of Aldermen shall render its decision on the conditional use permit application, and may impose conditions as are reasonably necessary to ensure compliance with applicable general or specific standards stated in these regulations after review of the application and other pertinent documents and any evidence made part of the public record. Any conditions imposed by recommendation of the Planning and Zoning Commission may be modified subsequently by the Board of Aldermen. The permit shall set out regulations, restrictions, limitations and termination date so that reasonable control may be exercised over the use. If the appropriateness of the use cannot be ensured at the location, the application for conditional use permit shall be denied as being incompatible with existing uses or uses permitted by right in the district.
G.
Vesting Of Rights And Transferability Of Permits.
1.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
2.
A right to continue a conditional use shall vest only if the project is constructed and the use is actually begun. Such right shall be subject to expiration and revocation under the terms of this Chapter.
3.
A conditional use permit may be conveyed with the land only if a right to continue the use has vested. The transfer of a permit in which no right has vested shall be invalid. Nothing in this Section shall be construed to alter the expiration date of permits or the authority of the Board of Aldermen to revoke a permit.
4.
A permit cannot be assigned or transferred to a different parcel of land.
5.
A permit holder may apply to the Planning and Zoning Commission for a determination of whether a right to continue the use has vested under the terms of this Chapter.
6.
Every person or entity attempting to convey a conditional use permit shall give notice in writing to the Planning and Zoning Commission within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of an invalid transfer.
H.
Lapse Of Permits. A conditional use permit in which no vested right has been established, shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two (2) years of the date of approval by the Board of Aldermen. Upon the written request of the property owner and for good cause shown, the Board of Aldermen may grant one (1) extension of not more than one (1) year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
I.
Expiration Of Permits. A conditional use permit shall be valid for a limited period of time to be specified in the terms of the permit. A permit may be renewed upon application to the Board of Aldermen, subject to the same procedures, standards, and conditions as an original application.
J.
Revocation Of Conditional Use Permits.
1.
Any conditional use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
a.
Non-compliance with any special conditions imposed at the time of approval of the conditional use permit.
b.
Violation of any provisions of the ordinances of the City pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permit holder, agents of the permit holder, or tenants.
c.
Violation of any other applicable provisions of the ordinances of the City or any State or Federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided, that such violations relate to the conduct or activity authorized by the conditional use permit or the qualifications of such persons to engage in the permitted use.
d.
Attempted transfer of a permit in violation of this Chapter.
e.
Revocation is necessary to preserve the public health, safety, and welfare.
2.
Procedure For Revocation.
a.
Revocation proceedings may be initiated by the Zoning Administrator or Board of Aldermen.
b.
Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Board of Aldermen shall hold a public hearing to consider the revocation of the conditional use permit.
c.
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least fifteen (15) days prior to the date scheduled for such hearing by certified mail, return receipt requested. If such notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City and by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
d.
The public hearing shall be conducted in accordance with rules of procedure established by the Board of Aldermen. At the conclusion of the public hearing, the Board may render its decision or take the matter under advisement.
e.
No conditional use permit shall be revoked unless a majority of those elected to the Board of Aldermen is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a conditional use permit shall clearly state the grounds for revocation.
K.
Conditional Uses.
1.
Aviation fields, airports, and heliports, including the sale of aviation fuel as an accessory use, under such restrictions as the Board of Aldermen may impose on land, buildings or structures, within an approach or transition plan or Turning Zone, to promote safety of navigation and prevent undue danger from confusing lights, electrical interference or other hazards. The following conditions must be met:
a.
Plans of any airport or heliport shall include all approach and departure paths as necessary to ensure safe and adequate landing and take-off area and shall be supplemented by a favorable report by the local airport district office of the Federal Aviation Administration (FAA).
b.
Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take-off areas by the general public.
c.
Landing and take-off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
d.
The proposed use will not be contrary to the public interest or injurious to nearby properties.
2.
Cemeteries, burial grounds, graveyards, mausoleums, or crematories, provided, that all applicable State regulations are met.
3.
Clubhouses, country club and golf course, subject to meeting all the conditions and restrictions set forth below:
a.
The property shall be at least four (4) acres in size.
b.
The property shall have direct access to a primary or secondary major thoroughfare or marginal access street, or the club property, when in connection with a subdivision plan or an overall plan for community development, may be located on a minor street or streets having a minimum right-of-way width of sixty (60) feet and a minimum pavement width of thirty-four (34) feet between the club site and a primary or secondary major thoroughfare or marginal access street.
c.
The front, side and rear yard for all buildings and structures, including outdoor recreation areas and parking lots, but excluding fences and walls, shall be at least thirty (30) feet in width or depth.
d.
Off-street parking shall be provided on the basis of one (1) space for every two (2) members.
e.
Vehicular access shall only be from a major street or, when the club site is located on a minor street, vehicular access shall be only from a minor street having a minimum right-of-way of sixty (60) feet and a minimum pavement width of thirty-four (34) feet.
f.
Parking areas shall be hard-surfaced, and outdoor recreation facilities and parking areas shall be appropriately screened by landscaping or a wall where adjacent to adjoining residential property. Outdoor lighting shall be so designed as to reflect away from adjoining residential property. Outdoor recreation facilities shall not be used later than 10:00 P.M. and lighting for such facilities shall be turned off at that time.
4.
Day-Care Center, if center is planned in a family home occupied by the day-care provider. A day-care facility in a family home which receives more than six (6) children for care for any part of the twenty-four-hour day is considered a center. The following requirements shall apply:
5.
Golf driving range or miniature golf courses.
6. GROUP FACILITY–OUTPATIENT GROUP FACILITY–RESIDENTIAL(1) (2) (3) (4) (5) (6) (7) (8) (9) GROUP HOME(1) (a) (b) (c) (2) GROUP QUARTERS
Group Homes.
[Ord. No. 458, 4-18-2013]
A building or structure used as an outpatient facility for the treatment of alcohol or other drug abuse.
A building or structure used as a residential facility for the treatment of alcohol or other drug abuse, and shall be subject to the following conditions and restrictions:
That the maximum number of persons in a Group Facility–Residential shall not exceed ten (10) individuals and two (2) resident staff members.
That the Group Facility–Residential shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.
That the property shall have a minimum lot size area of ten thousand (10,000) square feet.
That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use, when the Group Facility-Residential is located in a residential neighborhood.
That the Group Facility–Residential shall not be used as a residence for current substance abusers or ex-offenders. For purposes of this Section, the term "ex-offenders" includes sex offenders, juvenile offenders, persons serving a sentence, persons on parole from a detention facility, and persons who are coming directly out of a facility of incarceration for crimes committed.
That at the time of original approval no Group Facility–Residential shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day-care home; provided, however, that the Board shall have the authority to waive this requirement, provided, that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable man-made or natural barrier.
That the residential character of the structure shall be maintained, when the Group Facility–Residential is located in a residential neighborhood.
That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed Group Facility–Residential and such facility will maintain the character of the neighborhood.
That the permit shall be limited to a two-year period but may be renewed by the Board after a public hearing; provided, that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet, and the facility has been maintained in accordance with the acceptable community standards.
Any home in which eight or fewer unrelated mentally retarded or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Group homes shall be subject to the following standards:
Spacing. A group home to be located within a residential zoning district shall not be located within five hundred (500) feet of another group home, measured as the shortest distance between any portion of the structure in which persons reside.
Exterior Appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district.
Neighborhood Character. A group home shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.
For purposes of this Chapter, the term "dwelling, one-family" as defined in Section 400.150 shall include a "group home."
A building or structure used as a place of residence by five (5) or more unrelated persons who share the living accommodations and do not occupy separate dwelling units, such as those found in institutions, dormitories, rooming and boarding houses, lodges, sorority and fraternity houses, and similar establishments.
7.
Convalescent, nursing and adult day-care centers, subject to meeting the following conditions and restrictions:
a.
The property shall have a minimum lot area of twenty thousand (20,000) square feet and shall have a minimum lot width of one hundred (100) feet.
b.
Not less than five hundred (500) square feet of lot area is provided for each patient.
c.
Side yards are at least one hundred percent (100%) greater than the side yard required in the district.
d.
Off-street parking is provided for on the basis of one (1) space for each living unit; or, in the case of dormitory design, one (1) space for each four (4) beds and one (1) space for each employee.
e.
The number of beds, if dormitory design, does not exceed six (6) times the number of dwelling units per square foot of lot area in the district in which the use is located; or the number of living units does not exceed twice the number of dwelling units per square foot of lot area in the district in which the use is located.
f.
A permit may be issued for a specified period, as well as for an unlimited time at the request of the applicant and at the discretion of the Board. If the permit is for a specified period of time, the Board may renew the permit upon expiration.
8.
Convenience Storage. Landscaping/screening, exterior architecture, and lighting must be approved by the Board of Aldermen.
9.
Nurseries, garden centers, and greenhouses (retail and/or wholesale) or other retail or wholesale suppliers of fertilizer or manure products.
10.
Swimming pools, commercial.
11.
Amusement parks, baseball or athletic fields, race tracks, or fairgrounds and incidental concession facilities, subject to the following conditions:
a.
The facilities and grounds shall be a sufficient distance from any area zoned residential so that noise, traffic generation, and other effects will not be adverse to the residential neighborhood. Where the property adjoins the aforesaid zoning districts, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such common boundary unless topography or other factors justify a lesser setback.
b.
Plans for shrubbery, landscaping and fencing shall be presented to the Board and made a part of the permit.
c.
Sound amplification systems or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at the property line.
d.
Outdoor lighting shall be so designed as to reflect away from adjoining residential-zoned property.
e.
Access to the property shall be directly from major streets (primary and secondary arterials).
f.
Parking space for patrons and employees shall be provided on site equal to one (1) space for each five hundred (500) square feet of total site area exclusive of setback and parking areas, or one (1) space for each four (4) persons based on the anticipated capacity, whichever is greater. The foregoing are minimum standards for parking; the Board may require additional parking if review of the proposed operation so indicates.
g.
A permit may be issued for a specified period as well as for an unlimited time. If the permit is for a specified period of time, the Board may renew the permit upon expiration.
12.
Equipment rental businesses that require outdoor storage.
13.
Signs, greater than seventy-two (72) square feet.
15.
Recycling Facilities.
a. RECYCLABLE MATERIAL RECYCLING COLLECTION FACILITY RECYCLING FACILITIES RECYCLING PROCESSING FACILITY REVERSE VENDING MACHINE
Definitions:
Recyclable material is "feedstock" used for direct conversion to manufactured products. It includes, but is not limited to: cans, bottles, plastic, and paper. Items composed of more than one (1) material, such as salvaged vehicular parts, are generally not considered a recyclable material.
A recycling collection facility is a facility for the deposit or dropoff of recyclable materials. A recycling collection facility is not a salvage yard. Such a facility does not do processing except limited baling, batching, and sorting of materials. It is designed to allow for a combination of bins, boxes, trailers, reverse vending machines, and other containers for the collection of recyclable materials.
Facilities that accept recyclable materials.
A processing facility receives material from the public and/or other recycling facilities and uses power-driven machinery to prepare materials for efficient shipment by such means as flattening, sorting, compacting, baling, shredding, grinding and crushing.
Reverse vending machines are mechanical devices that accept one (1) or more types of empty beverage containers and issue a cash refund or redeemable coupon.
b.
Applicability.
(1)
A conditional use permit for a recycling collection facility may be approved in a residential zoning district, provided the facility is located on the grounds of a church or school; and
(2)
A conditional use permit for a recycling collection facility may be approved in Districts A, CN and CH.
(3)
This Section does not apply to the following facilities: temporary recycling drives; one (1) reverse vending machine; and recycling processing facilities. A processing facility is considered a salvage yard.
c.
Conditions of a conditional use permit approval.
(1)
The days and hours of operation are approved by the Board of Aldermen;
(2)
A site plan is submitted showing traffic circulation on the site and showing how the sign, lighting, landscaping and fencing requirements of this Chapter will be met;
(3)
Materials are not stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces;
(4)
Storage of materials is not allowed outside of the semi-trailers, bins, barrels or other appropriate containers;
(5)
Containers are painted and well-maintained;
(6)
The site is kept clean and free of litter and debris, and weeds are controlled;
(7)
Activity is at least one hundred fifty (150) feet from other property zoned for residential purposes; and
(8)
Reverse vending machines are located and/or soundproofed such that noise of the operation is imperceptible from the property line of property zoned or used for residential purposes.
16.
Public Utility Structures and Equipment, which includes but is not limited to electric substations, peaker plants and similar electric utility structures.
17.
Utility Transmission Lines. Upon application for the construction or use of utility transmission line structures, the applicant shall provide data pertaining to electromagnetic field radiation (EMF) rates for the structure(s).
18.
Building contractor/construction services, when operated as a home occupation.
19.
Outdoor sale or lease of new or used boats or vehicles [including automobiles, vans, sport utility vehicles, trucks less than one (1) ton, boats of any kind, personal watercraft or motorcycles] or small equipment.
20.
Renewable Energy Wind Generators.
[Ord. No. 390, 8-19-2010]
a.
Purpose. The purpose of this Article is to provide regulations and procedures for the review of applications for the installation of renewable energy wind generators in order to offer opportunities to help alleviate the rising costs of energy. These regulations and procedures seek to minimize the potential adverse effects on the public health, safety and general welfare without unduly restricting the potential of alternative energy production for sustainability.
b. BLADES LARGE/UTILITY SCALE WIND TURBINES
METEOROLOGICAL OR MET TOWER MICRO WIND TURBINE
SMALL WIND TURBINE
TOWER TURBINE WIND ENERGY CONVERSION SYSTEM (WECS) WIND FACILITY WIND TURBINE SIZES
Definitions:
The aerodynamic surface that catches the wind.
A wind energy conversion system (WECS), consisting of a wind turbine, tower, and the associated control or conversion electronics, which has a rated capacity of more than 100 kW and which is intended to produce electricity for sale to a rate regulated or non-regulated utility or use off site. Turbines in this category are typically grouped together to form wind farms or a wind power plant, these groupings may also be referred to as a wind facility. The pictures below are examples of large scale wind turbines.
 | |
Source: www.vestas.com |
A temporary tower designed to support the gathering of wind energy resource data to determine how much wind power a site can be expected to generate. A met tower includes the tower; base plate; anchors; guy cables and hardware; anemometers (wind speed indicators); wind direction vanes; booms to hold equipment, anemometers and vanes; data logger; instrument wiring; and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
A wind energy conversion system (WECS), consisting of a wind turbine, tower, and the associated control or conversion electronics, which has a rated capacity of 10 kW or less. Examples of items they can be used to power include small appliances in boats and campers, a few lights, or portable communication systems, such as radio equipment. The images shown on the top of the next page are examples of micro wind turbines.
.tif.png "Motorwind Turbines (left).tif") Source: www.bergey.com | .tif.png "Motorwind Turbines (right).tif") Source: http://www.motorwavegroup.com/ |
 Source: www.swiftwindturbine.com |
 Source: www.homeenergyamericas.com |
A wind energy conversion system (WECS), consisting of a wind turbine, tower, and the associated control or conversion electronics, which has a rated capacity of more than 10 kW, up to and including 100 kW, which is primarily intended to reduce the on-site consumption of utility power. The picture below is an example of a small wind turbine.
 Source: www.segen.co.uk/skystream/ |
The monopole, freestanding, or guyed structure that supports a wind generator. Towers are made from tubular steel, concrete, or steel lattice. The vertical component of a wind energy conversion system that elevates and supports the wind turbine generator and attached blades above the ground up out of the turbulent wind.
The parts of a wind system including the blades and nacelle (as defined in the following Section).
Any machine designed for the purpose of converting wind energy into electrical energy. The WECS includes all parts of the system.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one (1) or more wind turbines.
The size categories wind turbines are generally divided into based upon their rated power (capacity).
c.
Terms Associated With Wind Generators.
(1)
Hybrid Wind Systems. Small wind turbine used in connection with diesel generators, batteries, and photovoltaic systems.
(2)
Horizontal Axis Wind Turbines (HAWTs). The type of wind turbine that has the main rotor shaft and electrical generator at the top of the tower, and must be pointed into the wind. The turbine is generally pointed upwind of the tower, and the blades placed some distance in front of the tower. The picture at the top of the next page is an example of this type of wind turbine.
 Source: www.greenlivingtips.com/articles/65/1/how-wind-turbines-work.html |
(3)
Nacelle. The body of the propeller-type wind turbine.
 Source: www.mywindpowersystem.com/tag/nacelle/ |
 Source: http://www.deus.nsw.gov.au/energy/renewable%20energy/wind.asp |
(4)
Overspeed Controls. Mechanisms that are used to limit the speed of blade rotation to below the design limits of the WECS. The following systems describe different methods for slowing or stopping a wind turbine in the event of malfunction, for repairs, or any other incident as needed.
(a)
Braking: a method of overspeed control that utilizes a disc brake, which can be applied mechanically, electrically, or hydraulically to stop the rotor in emergencies.
(b)
Feathering: a method of overspeed control that rotates the blade axis, or rotors, at an angle to maintain the torque at above the rated wind speeds.
(c)
Furling: a method of overspeed control by which the blades are turned away from the direction of the wind.
(5)
Vertical Axis Wind Turbines (VAWTs). The type of turbine that has the main rotor shaft arranged vertically; as a result this type of turbine does not have to be pointed in the wind. This type of turbine also allows the generator and gearbox to be placed near the ground, and is typically mounted either near the ground or on a building rooftop. The pictures below are examples of this type of wind turbine.
.tif.png "VAWT (left).tif") Source: www.helixwind.com | .tif.png "VAWT (right).tif") Source: www.quietrevolution.co.uk |
d.
Standards.
(1)
General.
(a)
Federal and State Regulations. All wind turbines shall meet or exceed current State and Federal standards and regulations including, without limitation:
(b)
Applicable Federal Aviation Administration (FAA) regulations, including necessary approvals for installations close to airports. Any wind turbine proposed to be within twenty thousand (20,000) feet of the center of the existing airport runway is subject to a required review by the FAA to determine whether it is a hazard or obstruction to aviation users of the airport.
(c)
Section 386.890 of the Missouri Revised Statutes, also known as the Net Metering and Easy Connection Act, which mandates that covered equipment conforms to applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code (NEC), the National Electrical Safety Code (NESC), the Institute of Electrical and Electronics Engineers (IEEE), Underwriters Laboratories (UL), and the Federal Energy Regulatory Commission.
(d)
Building Code Compliance. All wind turbines shall meet or exceed the current standards expressed in the adopted International Family of Codes, as amended.
(e)
Utility Connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(f)
Electrical Wires. All electrical wires associated with a wind energy system shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.
(g)
Self-Supporting Structures. All tower structures shall be of monopole construction unless attached to a structurally reinforced roof where such support is not warranted. No lattice structures shall be permitted. Tower requiring guy wire supports shall be limited to lots of one (1) acre or more and the guy wires shall be set back from all property lines a minimum of ten (10) feet.
(h)
Tower Access. The supporting tower shall either be enclosed with a six-foot tall fence or the base of the tower shall not be climbable up to twelve (12) feet above ground level. All access doors to the tower and electrical equipment shall be locked.
(i)
Safety Shutdown. Each wind turbine shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.
(j)
Lighting. Wind turbines shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA) or other applicable authority. Large wind facilities may utilize security lighting around the base of the tower or other structure associated with the wind turbine(s). No lighting shall be directed toward adjacent properties or rights-of-way.
(k)
Minimum Blade Clearance. The blade tip clearance for micro wind turbines shall, at its lowest point, have a ground clearance of not less than fifteen (15) feet. The minimum blade clearance for any other wind turbine shall be thirty (30) feet.
(l)
Noise. The noise emitted from any wind turbine shall not exceed 55 dbA, as measured at the nearest property line, except during short-term events such as utility outages and severe windstorms.
(m)
Historic Districts. WECS proposed for locations within any designated local historic district or for locations which will be visible from multiple points of a recognized historic district shall obtain a certificate of appropriateness.
(n)
Signage. Signs shall be limited to the manufacturer's or installer's identification, and appropriate warning signs (e.g., electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment, and the wind turbine. Commercial advertising is strictly prohibited.
(o)
Color/Finish. Wind turbines, exclusive of the towers, shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community. Towers shall maintain galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise.
(2)
Specific:
(a)
Micro and Small WECS:
(i)
Location. All micro and small wind turbines shall be located in the rear yard only. Exceptions to this standard for small wind turbines may be reviewed as part of the conditional use permit application.
(ii)
Utility Notification. No building permit for a micro or small WECS shall be issued until a copy of the utility company's approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall be exempt.
(b)
Large/Utility WECS:
(i)
Soil. All new applications for large or utility scale wind turbines shall provide certification from a professional engineer registered in the State of Missouri that the soil and subsoil surface is capable of accepting the projected loads. [See Section 400.410(K)(20)(e) below for additional details].
(ii)
Shadow/Flicker. Large or utility scale wind turbines shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses and right-of-way through either siting or mitigation. [See Section 400.410(K)(20)(e) below for additional details.]
(iii)
Use Of Met Towers. Met Towers may be utilized for large or utility scale wind turbines only as approved by the Governing Body. The location, height, and length of time such structures are to be erected shall be provided as part of the application for preliminary development plan and conditional use permit.
Table 5-1: Standards for Roof-Mounted Wind Turbines | ||||
|---|---|---|---|---|
Turbine Size | Zoning District Permitted In | Maximum Height | Minimum Setback | How Permitted |
Micro wind turbines | CN and CH | Equal to 1/2 the building height | Equal to the height of the tower from all property lines and any buildings | Conditional use permit |
Greater than 1/2 the building height | ||||
Table 5-2: Standards for Freestanding Wind Turbines | |||||
|---|---|---|---|---|---|
Turbine Size | Zoning District Permitted In** | Minimum Lot Size (acres) | Maximum Height* (feet) | Minimum Setback | How Permitted |
Micro wind turbines | A through DR | < 1 | 40 | Equal to the height of the tower* from all property lines and any buildings | Conditional use permit |
A through DR | 1 | 80 | |||
CN through CH | 1 | 80 | |||
A through DR | 2 | 100 | |||
CN through CH | 2 | 100 | |||
Small wind turbines | A through DR | 2 | 100 | 110% of the height of the tower* from any property line or above ground utilities | Conditional use permit |
CN through CH | 2 | 100 | |||
CN Through CH | 3 | 120 | |||
Large/utility wind turbines | A | 10 | N/A | 150% of the height of the tower* from any property line or above ground utilities | Conditional use permit |
* | The height shall be measured from ground level (grade) to the top of the tower nacelle. |
** | The size, height, and approval process from districts zoned PD shall be determined based upon the underlying uses within that district. |
Table 5-3: Standards for Freestanding Wind Turbines on Common Property | ||||
|---|---|---|---|---|
Turbine Size | Zoning District Permitted In** | Maximum Height* | Minimum Setback | How Permitted |
Micro or small wind turbines | AG through DR | Determined per conditional use permit | 110% of the height of the tower* from any property line or above ground utilities | Conditional use permit |
* | The height shall be measured from ground level (grade) to top of the tower nacelle. |
** | The size, height, and approval process for districts zoned PD shall be determined based upon the underlying uses within that district. |
(3)
Homeowners Associations And Common Property:
e.
Application — Contents And Submission Requirements.
(1)
Conditional Use Permit Process. The following items shall be submitted in support of a conditional use permit application for (a) micro, small or large/utility scale wind turbine(s):
(a)
All plan submission and public hearing requirements of Section 400.410, Conditional Use Permits, of this Chapter.
(b)
The site plan shall include the distance from the proposed turbine location to the nearest built structure, any above ground utilities, the nearest tree(s), and all property lines.
(c)
The proposed location and design of the wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.
(d)
Turbine information: specific information on the type, model, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each wind turbine being proposed, tower, and electrical transmission equipment.
(e)
A noise study, prepared by a qualified professional, shall demonstrate that except for during short-term events such as utility outages and severe windstorms, the large/utility scale wind turbines shall not produce noise in excess of 55 dbA at the property lines. The noise study shall include:
(i)
A description and map of the project's noise sensitive environment, including any sensitive noise receptors (e.g., residences, hospitals, libraries, schools, places of worship, parks, areas with outdoor workers and other facilities where quiet is important or where noise could be a nuisance) within one thousand (1,000) feet.
(ii)
A survey and report prepared by a qualified engineer that analyzes the pre-existing ambient noise (including seasonal variation) and the affected sensitive receptors located within one thousand (1,000) feet.
(iii)
A description and map of the cumulative noise impacts.
(iv)
A description of the project's proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance.
(f)
Soil. In regards to an application for conditional use permit for a large/utility scale wind turbine(s), a geotechnical report shall be furnished along with the certification which shall, at a minimum, include the following:
(g)
Shadow/Flicker. In regards to an application for conditional use permit for a large/utility scale wind turbine(s), a shadow/flicker model shall demonstrate that shadow/flicker shall not fall on, or in any existing residential structure. The shadow/flicker model shall:
(i)
Map and describe within a one-thousand-foot radius of the proposed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;
(ii)
Calculate the location of shadow/flicker caused by the proposed project and the expected durations of the shadow/flicker at these locations, calculate the total number of hours per year of shadow/flicker at all locations;
(iii)
Identify problem areas where shadow/flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
(h)
The Commission or Governing Body may require additional technical studies deemed necessary to fully evaluate the application. Should the services of an outside consultant be needed to evaluate any such technical studies, the cost of such services shall be borne by the applicant.
(2)
Abandonment And Removal.
(a)
If the use of any wind turbine ceases, and the turbine is not used for a continuous period of twelve (12) months, the turbine shall be considered abandoned, and the owner of such wind turbine shall remove the WECS within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such wind turbine is not removed within said ninety (90) days, the City may remove such wind turbine at the owner's expense.
(b)
The owner of a large or utility scale wind turbine shall provide to the City financial security in the form of a bond, letter of credit, or other financial security as approved by the City Attorney; right of access; and any other measures necessary and sufficient to ensure such removal, should it become necessary.
21.
Tow Truck Business/Tow Lot Storage.
[Ord. No. 400, 12-16-2010]
a.
Location. All tow vehicles must be parked or stored at least ten (10) feet from any side and rear property lines, fifteen (15) feet from the front property line, and one hundred (100) feet from any property zoned residential or being used for residential purposes.
b.
Outdoor Storage. All outdoor storage areas for vehicles must be shielded by an opaque fence or wall that is a minimum of six (6) feet tall to provide visual screening of the storage area. The interior of the fence or wall must be protected by a guardrail or similar barrier to prevent damage to the fence or wall. All vehicles, equipment and inventory of the business must be stored behind the fence or wall and may not exceed the height of the fence or wall.
c.
Parking Surface. The storage of vehicles shall be on an all-weather treatment of asphalt or concrete. Vehicles shall be arranged in rows and not stacked upon one (1) another.
d.
Dwelling Unit. A dwelling unit for security, management or maintenance personnel shall be allowed as an accessory use.
e.
These requirements for a conditional use permit for tow truck businesses/tow lot storage may be waived or modified by the Board of Aldermen.
22.
Welding repair and fabrication.
[Ord. No. 400, 12-16-2010]
Section 400.420 Home Occupations.
[CC 2005 UDO § 5.2; Ord. No. 336, § 1, 3-27-2008; Ord. No. 766, 4-20-2023]
A. GOODS HOME-BASED BUSINESS
Definitions. As used in this Section, the following terms mean:
Any merchandise, equipment, products, supplies, or materials.
Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
B.
Authorization. Any home-based business owned or operated by the owner or tenant of the residential dwelling unit that is "no impact" pursuant to State law (Sections 71.990 and 89.500, RSMo.), including being incidental and secondary to the principal use of the residential dwelling unit, shall be permitted in any such residential dwelling subject to the provisions set forth herein.
C.
Use Limitations. All home-based businesses shall comply with the following provisions to preserve residential appearance, prevent adverse impacts on the character of the surrounding neighborhood, and protect public health and safety:
1.
The use of the residential dwelling unit for the home-based business shall be clearly incidental and secondary to its use for residential purposes by its occupants and shall under no circumstances change the residential character thereof.
2.
Home-based businesses shall be subject to all applicable laws and its activities shall be limited to the sale of lawful goods and services.
3.
The total number of employees and clients on-site at one time shall not exceed the occupancy limit for the residential dwelling unit.
4.
The activities of the business shall only occur inside the residential dwelling unit or in the yard and shall not be visible from the street.
5.
No alteration to the exterior experience of the residential building or premises shall be made which detracts from its residential character.
6.
No mechanical equipment or process shall be used that creates excessive noise, vibration, glare, fumes, odors, electrical interference, or fluctuations in line voltage outside the residential dwelling unit.
7.
Traffic generated by such home-based business shall not exceed volumes than would normally be expected in the residential area and any need for parking generated by the conduct of such home-based business shall be met by lawful off-street parking.
8.
There shall be no exterior storage of equipment, commodities, inventory, or material used in connection with the home-based business.
Section 400.430 Site Plan Review.
[CC 2005 UDO § 5.3; Ord. No. 329, § 7; 12-20-2007; Ord. No. 521, 10-15-2015; Ord. No. 708, 12-16-2021; Ord. No. 731, 8-18-2022]
A.
Purpose. The purpose of requiring site plan review is to ensure that proposed development conforms with these regulations and includes a compatible arrangement of structures, off-street parking, lighting, signage, landscaping, vehicle and pedestrian circulation, site drainage, and open spaces. Site review shall consider the siting of proposed construction and its impact upon the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area and its conformance to the policies and standards of the Comprehensive Plan. The design shall encourage the elimination of unnecessary grading, and endeavor to retain the natural character of the site, including the preservation of trees and other natural features.
B.
Applicability.
1.
Every request for rezoning of property to the following districts shall require a site plan review: DR, CN, CH, and BX.
2.
A site plan shall be required for all new construction or exterior additions or changes to any structure used for multi-family, commercial or industrial.
3.
This Section shall not apply to Planned Development (District PD) district because that district already has a site plan review and approval process.
4.
This Section shall not apply to property zoned with the Planned Overlay District (District P) pursuant to Section 400.390 because that district already has a site plan review and approval process.
5.
No development approval or building permit shall be issued for a development subject to site plan review until such site plan has been approved by the Board of Aldermen upon recommendation by the Planning and Zoning Commission.
C.
Contents. All site plans shall be prepared at scale and in a minimum size of 11-inch by 17-inch with a maximum size of 22-inch by 34-inch. The site plan shall show or have attached the following information:
1.
Name, address, phone number, fax number and e-mail address of record landowner, architect/engineer/surveyor and contractor;
2.
Size, use and location of existing and proposed structures, sidewalks, bicycle and pedestrian paths and drives on the subject property, and existing structures and drives adjacent to the property;
3.
Location of floodplain areas subject to flooding, centerlines of drainage courses, and finished floor elevations of proposed structures;
4.
Location of proposed drives, parking areas, traffic access points, signalization, deceleration lanes and alternative access routes;
5.
Property lines, platted setback lines, and lot dimensions;
6.
Location, number and dimensions of existing and proposed parking spaces;
7.
Final grades;
8.
Location of existing trees greater than eight (8) inches in diameter and proposed landscaping;
9.
Drainage information as to on and off-site flows sufficient to demonstrate compliance with the improvement requirements of these regulations and other laws and regulations;
10.
Buffers, landscaped areas and fences; and
11.
All environmentally sensitive lands on-site or within five hundred (500) feet of the site, including, but not limited to, wetlands, habitat areas, hillsides, steep slopes, lakes, treed or forested areas, brownfield sites and streams and stream corridors.
12.
A traffic impact analysis (TIA) may be required by either the Zoning Administrator, Planning and Zoning Commission or Board of Aldermen.
13.
Building elevations shall be provided showing all sides of the proposed building(s), including notation indicating material and color to be used on exteriors and roofs.
14.
A landscape plan showing size, species, location and number of all proposed landscape material, including whether areas are to be seeded or sodded, and location, size and materials to be used for all screening and/or outside trash enclosure areas.
D.
Standards.
1.
Commercial and industrial frontage require a minimum ten (10) feet landscaped buffer.
2.
Rear areas that back onto uses other than commercial must also have a fifteen (15) feet landscape screen that provides seventy-five percent (75%) screening year-round.
3.
Entryways to shopping areas or areas of combined commercial use shall collocate entry.
4.
All trash service areas must be enclosed on three (3) sides. These areas and ground level mechanicals require landscape.
5.
Commercial uses should design for cross access within the development.
6.
Stormwater management must be provided for in accordance with these regulations.
7.
Retaining walls, if required, should not exceed six (6) feet in height.
8.
There should be no permanent outdoor storage of materials within two hundred fifty (250) feet of U.S. 50 Highway or M-150 Highway, unless waived by the Board of Aldermen.
9.
Parking lot lighting standard shall be no higher than twenty (20) feet tall. That all exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass, and glare across, the property lines and or disability glare at any location on or off the property. The "maintained horizontal luminance recommendation" set by the illuminating Engineers Society of North America (IES) shall be observed.
10.
Exterior Walls.
a.
At least seventy-five percent (75%) of the total exterior wall surface area shall be constructed with the materials listed below. The City shall approve the distribution of the materials to satisfy the seventy-five percent (75%) standard. In addition, any wall facing U.S. 50 Highway or M-150 Highway which is not considered to be the "front" shall contain a facade, window or other wall articulation feature to avoid a "blank" wall appearance.
(1)
Masonry. Masonry construction shall include all masonry construction which is composed of solid, cavity, faced, or veneered-wall construction, or similar materials.
(2)
Stone material used for masonry construction may consist of granite, sandstone, slate, limestone, marble, or other hard and durable all-weather stone. Ashlar, cut stone, and dimensioned stone construction techniques are acceptable.
(3)
Brick material used for masonry construction shall be composed of hard-fired (kiln-fired) all-weather common brick.
(4)
Stucco or approved gypsum concrete/plaster materials, including exterior insulation finish systems (EIFS) products such as Dryvit or similar products.
(5)
Glass Walls. Glass walls shall include glass curtain walls or glass block construction. A glass curtain wall shall be defined as an exterior wall which carries no floor or roof loads and which may consist of a combination of metal, glass, and other surfacing material supported in a metal framework.
(6)
Wood, provided that plywood paneling shall be prohibited.
b.
All remaining exterior walls shall be constructed of materials in Subsection (D)(10)(a) above or the following:
c.
Prohibited Materials On All Exterior Walls.
d.
Exposed front and street sidewall facades, excluding windows, doors, or overhead doors, consisting of a single undifferentiated plane with a single texture or color, shall be prohibited.
e.
Not less than fifteen percent (15%) of the area of each front exterior facade and street sidewall where a building is located on a corner lot, excluding windows, doors, or overhead doors, shall be recessed, projected or alternately staggered from the primary plane of the wall. For purposes of this Section, fascias shall not be counted as a projection from the primary plane.
f.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior wall of any building.
11.
All screening areas are to be landscaped with a seventy-five percent (75%) opacity [seventy-five percent (75%) of tree/shrub cover used for screening is evergreen] with a combination of trees, both deciduous and evergreen, and shrubs.
12.
Buffer areas shall consist of a combination of trees and shrubs, not less than four (4) trees per one hundred (100) feet of required buffer and at least one and one-half (1 1/2) inches in diameter. Additionally three (3) shrubs per every tree are required.
13.
Roof-mounted equipment, excluding satellite dishes, shall be screened from view [one hundred percent (100%) opacity] or isolated so that it is not visible from ground level of any adjacent applicable public thoroughfare, up to a maximum of three hundred (300) feet away. The appearance of roof screens shall be coordinated with the building to maintain a unified appearance.
14.
All electrical and mechanical equipment in excess of three (3) feet in height, located adjacent to the building and visible from any adjacent applicable public thoroughfare shall be screened from view [one hundred percent (100%) opacity], up to a maximum of three hundred (300) feet away. Such screens and enclosures shall be treated as integral elements of the building's appearance.
15.
Mirrored glass with a reflectance greater than forty percent (40%) shall not be permitted on more than twenty percent (20%) of the exterior walls of any building.
E.
Review And Approval.
2.
The requirements of this Section may be waived or modified by the Board of Aldermen. The purpose of such waiver or modification should be to allow for a variety of architectural designs and innovative site planning.
a.
Site Planning. All desirable site features, such as healthy existing trees or views, should be incorporated in the site plan. The relationship of the site design to surrounding uses, including setbacks, building heights, parking, open spaces and drives should be considered.
b.
Architectural Design. The project design should take into account surrounding uses, building materials, style and size. Unreasonable continuous and unbroken wall plans should be avoided. Architectural elements or features that create a variety of scale relationships should be included.
3.
Unless a longer time shall be specifically established as a condition of approval, site plan approval shall lapse and become void twelve (12) months following the date on which such approval became effective, unless prior to the expiration a valid legal building permit is issued and construction is commenced and diligently pursued toward completion.
4.
Site plan approval may be extended upon the applicant's written request for extension and continuance of the plan as approved by the Board of Aldermen prior to expiration. Approval of any such extension request shall be for a period of twelve (12) months. No further extension shall be granted and the applicant shall be required to re-site plan. Subsequent to this extension, the site plan shall be considered valid so long as the plan remains consistent with all applicable City codes and the Comprehensive Plan.
5.
Upon violation of any applicable provision of this Section or, if granted subject to conditions, upon failure to comply with conditions, site plan approval shall be suspended by the Zoning Administrator upon notification to the owner of a use or property subject to the site plan, until a public hearing shall be held by the Board of Aldermen as to whether such suspension shall be affirmed, conditionally affirmed or revoked.
Section 400.440 Telecommunication Towers.
[CC 2005 UDO § 5.4]
A. ACT AFFILIATE ALTERNATIVE TOWER STRUCTURES ANTENNA ANTENNA HEIGHT ANTENNA SUPPORT STRUCTURE BAND BROADCAST CELL SITE CELLULAR TELECOMMUNICATIONS CELLULAR TELECOMMUNICATIONS FACILITY CHANNEL CITY CO-LOCATION COMMON CARRIER COMMUNICATION FACILITY COMMUNICATION TOWER COMMUNICATIONS TRANSMISSION SYSTEM OR COMMUNICATION SYSTEM CROSS BAR DIGITAL TECHNOLOGY DIRECTIONAL ANTENNA DISH ANTENNA EFFECTIVE RADIATED POWER (ERP) FAA FCC FREESTANDING LOW POWER MOBILE RADIO SERVICE FACILITY FREQUENCY GOVERNING AUTHORITY GUYED TOWER INTERFERENCE LAND MOBILE SYSTEMS LATTICE TOWER LICENSE LOW POWER COMMERCIAL MOBILE RADIO NETWORK LOW POWER COMMERCIAL MOBILE RADIO SERVICEa. b. c. LOW POWER TELECOMMUNICATIONS FACILITIES LOWER POWER MOBILE RADIO TELECOMMUNICATIONS FACILITY MHZ MICRO-CEL MICROWAVE MICROWAVE ANTENNA MOBILE AND LAND BASED TELECOMMUNICATION FACILITY MONOPOLE TOWER (a.k.a. SELF-SUPPORT TOWER) MW/CM2 OMNIDIRECTIONAL ANTENNA (a.k.a. WHIP ANTENNA) PANEL ANTENNA (a.k.a. SECTOR ANTENNA) PERSONAL COMMUNICATIONS SERVICE (PCS) PRIVATE LOW POWER MOBILE RADIO SERVICE PUBLIC PROPERTY REPEATER ROOF AND/OR BUILDING MOUNT FACILITY SELF-SUPPORT TOWER SPECIALIZED MOBILE RADIO (SMR) TELECOMMUNICATIONS TOWER VHF WAVELENGTH
Definitions. The following words and terms as used herein are defined to mean the following:
The Communications Act of 1934, as it has been amended from time to time, including, but not restricted to, the Telecommunications Act of 1996, and shall include future amendments to the communications Act of 1934.
When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the City, any agency, board, authority or political subdivision affiliated with the City or other person on which the City has a legal or financial interest.
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design structures that camouflage or conceal the presence of antennas or towers.
Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure or antenna. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Any pole, telescoping mast, multi legged tower, tripod, or another structure which supports a device used in the transmitting or receiving of electromagnetic signals of any sort or kind.
A clearly defined range of electromagnetic frequencies dedicated to a particular purpose.
To transmit information over the airwaves to two (2) or more receiving devices simultaneously.
A tract or parcel of land that contains the cellular communication antenna, its support structure, and ancillary facilities such as building(s), parking facilities, and may contain other associated facilities incumbent to cellular communications operations.
A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) in a specific geographic area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
A cellular telecommunications facility consisting of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone equipment.
A segment of a frequency band. Also referred to simply as a "frequency."
The City of Lone Jack, Missouri.
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.
A radio service licensed by the FCC in which a single licensee is authorized to supply local and/or long distance telecommunications service to the general public has established and stated prices.
A land use facility supporting antennas and microwave dishes that send and/or receive radio frequency signals. Communications facilities include structures or towers and accessory buildings.
A guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication signals.
A wired communications transmission system, open video system, or wireless communications transmission system regulated by this Chapter.
A structure at or near the top of the mobile radio service telecommunications facility which provides support and horizontal separation for antenna(s).
A method whereby voice and data messages are converts into digits that represent sound intensities at specific points of time and data content.
An antenna or array of antennas designed to concentrate a radio signal in a particular direction.
A dish-like antenna used to concentrate and link communications sites together by wireless transmission of voice or data. Also called a "microwave antenna" or a "microwave dish antenna."
The product of the antenna power input and the numerically equal antenna power gain.
The Federal Aviation Administration.
The Federal Communications Commission.
A low power mobile radio service telecommunications facility that consists of a stand-alone Support structure, antenna(s) and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or other similar vertical support.
The number cycles completed each second by a microwave; measured in hertz (HZ).
The Board of Aldermen of the City of Lone Jack, Missouri.
A communication tower that is support, in whole or part, by guy wires and ground anchors.
Disturbances in reception caused by intruding signals or electrical current.
Two-way radio service for mobile and stationary units in which each user is assigned a particular frequency.
A guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.
The rights and obligations extended by the City to an operator to own, construct, maintain, and operate its system within the boundaries of the City for the sole purpose of providing services to persons within or outside of the City.
A system of low power commercial telecommunications facilities which allow wireless conversation or data transmission to occur from site to site.
A service which must include the following attributes:
Profit from the operation of the service realized.
Interconnected to Public Switch Network.
Available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public and must propose to or has developed, multiple networked sites within the region.
An unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power (ERP), including, but not limited to, the following:
A facility which consists of equipment for the reception, switching, and transmission of low power mobile radio service communications.
Megahertz or one million (1,000,000) HZ.
A low power mobile radio service telecommunications facility used to provide increased capacity in high-demand areas or to improve coverage in areas of weak coverage.
Electromagnetic radiation frequencies higher than one thousand (1,000) MHZ highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.
A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
Whip antennas, panel antennas, microwave dishes, and receive-only satellite dishes and related equipment for wireless transmission with low wattage transmitters not to exceed five hundred (500) watts from a sender to one (1) or more receivers such as for mobile cellular telephones and radio system facilities.
A communication tower consisting of a single pole, constructed without guy wires and ground anchors.
Micro watts per square centimeter; a measurement of the intensity of radio frequencies hitting a given area.
An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it is designed.
An antenna that transmits signals in specific directions, and are typically square or rectangle in shape.
Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each customer to use the same telephone number wherever he or she goes. Also known as a "personal communications network (PCN)."
All other forms of wireless telecommunications which have some similar physical facilities to a low power commercial radio service but do not meet the definition of a commercial mobile radio service.
Any real property, easement, right-of-way, air space, or other interest in real estate, including a street, owned or controlled by the City or any other governmental agency or unit.
A low power mobile radio service telecommunications facility that extends coverage of a cell to areas not covered by the originating cell.
A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances or building face).
A communication tower that is constructed within guy wires and ground anchors. (Examples could include lattice and monopole tower types.)
A mobile radio which is utilized in conjunction with an enhanced special mobile radio network, which includes dispatch and interconnect services.
The transmission, between or among points as specified by the user, of information of the user's choosing, without change in form or content of the information as sent and received.
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including, but not limited to, self-supporting lattice towers, guyed towers, monopole tower. The term "tower" included radio and television transmission and reception towers, microwave towers, common-carrier towers, cellular telephone towers, alternative towers structures and the like.
Very high frequency with bands from 30-300 MHZ; includes FM radio, VHF television (channels two (2) to thirteen (13)) and some land mobile and common carriers.
The distance between points of corresponding phases of a periodic wave of two (2) constant cycles. Wavelength = wave velocity/frequency.
B.
General Provisions. The antenna and facilities shall meet all Federal Communications commission requirements for radio frequency emissions. A structural certification from an engineer registered to practice in the State of Missouri shall be submitted. The certification shall establish that the electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the FCC.
1.
Federal Requirements.
a.
All towers shall meet or exceed current standards and regulations of the FCC, the FAA and any other agency of the Federal or State government with the authority to regulate towers and antennas. If any applicable regulation or standard is revised, then the owner of the tower shall bring such tower into compliance within six (6) months of the effective date of such revised standard or regulations. Failure to bring towers and antennas into compliance within the time period allowed shall also constitute cause for removal of the tower or antenna at the owner's expense.
b.
All towers and antennas constructed within the City of Lone Jack, Missouri, shall comply with all applicable building codes and the applicable standards for towers as published by the Electronic Industries Association as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with codes and/or standards, the owner shall have thirty (30) days in which to bring such tower into compliance. If the owner fails or refuses to bring such tower into compliance, the City may cause the removal of such tower at the sole expense of the owner.
2.
Removal Of Abandoned Towers. Any antenna or tower which is not operated for its original intended purpose for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove same within ninety (90) days of receipt of notice from the City notifying owner as such abandonment. If the tower is a joint use facility, that is it is being used by two (2) or more users, then all users must have not used the tower for the twelve-month period. If the tower is not removed within the ninety-day period, the City may cause the tower to be removed at the sole expense of the owner.
3.
Amateur Radio And Receive-Only Antenna. This Chapter is not intended to govern any Federally licensed amateur radio and receive-only privately owned satellite dishes and does not apply to any privately owned antenna or tower less than seventy (70) feet in height.
4.
As-Built Plans. Within thirty (30) days of the initial completion of construction or of any structural modification to the existing structure, the owner shall submit two (2) sets of as built engineering and architectural plans to the City. Such plans shall show the location of the tower by latitude and longitude, and state plane coordinates and shall accurately depict all of the telecommunications facilities associated with the tower on site pursuant to the franchise, license and permits associated therewith.
5.
Inspection. At least every twenty-four (24) months, the tower shall be inspected by an expert who is qualified in the maintenance, inspection and/or erection of communication towers. This inspection shall be conducted in accordance with the tower inspection checked list provided in the Electronics Industries Association (EIA) Standard 222, "Structural Standards for Steel Antenna Towers and Support Structures." One (1) copy of the inspection report shall be forwarded to the City no less than thirty (30) days after completion of said inspection.
6.
Underground Placement Cables, Wires, And Facilities. In all areas of the City where the cables, wires and other like facilities of public utilities exist or are required to be placed underground, an operator shall also place its cables, wires, and other facilities underground.
7.
Disturbances To Property. In the case of disturbance to any street or thoroughfare or other public property, caused by an operator during the course of construction or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or any surface of any street or other public property disturbed to condition as good as or better than the condition as before the disturbance in accordance with applicable Federal, State or local laws, rules, regulations, codes or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the City as being weakened or damaged as a result of a cut or other invasion of the pavement or other property.
C.
Conditional Use Permit. No tower shall be erected unless and until a Conditional Use Permit therefore has been obtained from the City.
D.
Zoning District In Which Permitted. Telecommunications towers and associated facilities may only be permitted by Conditional Use Permit in District A and CH, and on any land owned by a political subdivision regardless of the underlying zoning.
E.
Setback Requirements. Minimum setback requirements for telecommunications tower shall be no less than two hundred (200) feet or equal to the height of the tower (including antenna) if the tower is less than two hundred (200) feet tall.
F.
Separation. No telecommunications tower over ninety (90) feet in height shall be located closer than one quarter mile from any existing tower.
G.
Aesthetics. All towers and accessory facilities shall be sited to have the least particle adverse visual effect on the environment, Towers shall not be lighted except to ensure safety as required by the FAA. Towers should be painted gray or light blue unless other standards are required by the FAA. In all cases, monopole towers shall be preferable to guyed towers or freestanding structures. Where mounted on or attached to existing buildings, antennas shall be painted to blend with the decor of the host structure as nearly as possible.
1.
Accessory Equipment Storage Mobile or immobile equipment not used in direct support of the tower facility shall not be stored on the sited of the tower, unless repairs to the tower are being made.
2.
Lighting Upper portions of towers shall be lighted if required by the FAA or FCC. If security lighting is required, care shall be taken to minimize light directed toward adjacent properties and rights-of-way.
H.
Application And Permit Requirements.
1.
Each application shall include a minimum of the following:
a.
Written authorization from the property owner of the proposed site.
b.
A site plan:
(1)
Drawn to scale.
(2)
Showing the property boundaries.
(3)
Showing any tower guy wire anchors and other apparatus.
(4)
Existing and proposed structures.
(5)
Scaled elevation view.
(6)
Access road(s) location and surface material.
(7)
Parking area.
(8)
Fences.
(9)
Location and content of signs (including warning if required).
(10)
Exterior lighting specifications.
(11)
Landscaping contours (minimum of five (5) intervals).
(12)
Existing land uses surrounding the site.
c.
A written report including:
(1)
Information describing the tower height and design.
(2)
A cross section of the structure.
(3)
Engineering specifications detailing construction of tower, base and guy wire anchorage.
(4)
Information describing the proposed painting and lighting schemes.
(5)
Information describing the tower's capacity, including the number and type of antennas that it is capable of accommodating.
(6)
Radio frequency emission data
(7)
All tower structural information certified by a registered engineer.
d.
Written statement regarding the appropriateness of the chosen site.
Section 400.450 Adult Businesses.
[CC 2005 UDO § 5.5]
A.
Introduction. The Board of Aldermen, as elected representatives of the citizens of the City, have a duty to investigate the feasibility of adopting reasonable regulations to protect the citizens of the City from activities that have adverse effects which are harmful to the health, safety and general welfare of the citizenry. The Board of Aldermen of the City met in a public meeting on May 5, 2004, to consider the regulation of adult businesses in the City and heard a report from staff and received documents regarding such regulations. The following studies regarding the adverse secondary effects associated with adult businesses were placed on file with the City Clerk for review by City officials following the May 5, 2004, meeting:
1.
A study by the Special Programs Division of the Office of the Land Development Services in Austin, Texas, entitled "Report on Adult Oriented Businesses in Austin";
2.
A study by the City of Phoenix, Arizona, entitled "Adult Business Study";
3.
A report by the Minnesota Attorney General's Office entitled "Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Business";
4.
A report prepared by the St. Paul, Minnesota Division of Planning entitled "Effects on Surrounding Area of Adult Entertainment Businesses in St. Paul";
5.
A staff report prepared by the St. Paul, Minnesota Division of Planning entitled "Adult Entertainment";
6.
A report prepared by the Amarillo, Texas Planning Department entitled "A Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo";
7.
A report prepared by the Los Angeles, California Department of City Planning entitled "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles";
8.
A report prepared by the Indianapolis, Indiana Department of Metropolitan Development Division of Planning entitled "Adult Entertainment Businesses in Indianapolis: An Analysis";
9.
A report prepared by the Beaumont, Texas Planning Department entitled "Regulation of Adult Uses; Revised September 14, 1982";
10.
A memorandum from the Assistant Chief of Police of the City of Tucson, Arizona to the City Prosecutor entitled "Adult Entertainment Ordinance";
11.
A report by Richard McCleary, Ph.D., and James W. Meeker, J.D., Ph.D., entitled "Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard";
12.
A report of the Whittier, California Planning Department Staff entitled "Amendment to Zoning Regulations; Adult Business in C-2 Zone with Conditional Use Permit";
13.
An internal report of the Cleveland, Ohio Police Department entitled "Smut Shop Outlets, Contribution of these Outlets to the Increased Crime Rate in the Census Tract Areas of the Smut Shops";
14.
A report by the Oklahoma City, Oklahoma Community Development Department Planning Division entitled "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers";
15.
A legislative report by the Committee on the Proposed Regulation of Sexually Oriented Businesses of the Houston, Texas City Council;
16.
A report by the Newport News, Virginia Department of Planning Development entitled "Adult Use Study";
17.
A report of the Seattle, Washington Department of Construction and Land Use entitled "Directors Report: Proposed Land Use Code Text Amendment — Adult Cabarets";
18.
A report by the Minnesota Crime Prevention Center, Inc. to the Minneapolis, Minnesota Board of Aldermen entitled "Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values";
19.
Adult Cabarets-Factual Records from Phoenix, Arizona;
20.
Incall Escort Bureaus/Nude Modeling Studios (Private Room Nude Dancing) Index to Factual Record from Phoenix, Arizona;
21.
Appendix A-Analysis of Adult Business Studios in Indianapolis, Indiana and Los Angeles, California;
22.
Organized Crime;
23.
Summaries of Key Reports Concerning the Negative Effects of Sexually Oriented Businesses;
24.
Nude Entertainment Study from Adams County, California;
25.
Adult Entertainment Study from Manatee County, Florida;
26.
Adult Entertainment report from Saint Paul, Minnesota;
27.
City Commission Minutes from Las Vegas, Nevada;
28.
Adult Business Study from Ellicottville, New York (1998);
29.
Study and Recommendations for Adult Entertainment Businesses from Islip New York (1980);
30.
Adult Entertainment Study from New York, New York (1994);
31.
Report of Secondary Effects of the Concentration of Adult Use Establishments from Times Square, New York (1994);
32.
Regulation of Adult Entertainment Establishments from New Hanover County, North Carolina (1989);
33.
A Look at Successful Abatement of Adult Oriented Business Nuisances from Oklahoma City, Oklahoma (1992);
34.
A report on Secondary Impacts of Sex Oriented Businesses from Philadelphia, Pennsylvania (1996);
35.
Report on Why and How Our City Organized a Joint County-Wide Sexually Oriented Businesses Task Force from Cleburne, Texas (1997);
36.
An Analysis of the Effects of Sexually Oriented Businesses on the Surrounding Neighborhoods from Dallas, Texas (1997);
37.
Report on The Effects of Adult Entertainment Businesses on Residential Neighborhoods from El Paso, Texas (1986);
38.
Report on Location of Adult Entertainment Uses-Background Material from Bellevue, Washington (1988);
39.
Report on Adult Use Study from Des Moines, Washington (1984);
40.
Regulation Of Adult Entertainment Establishments in St. Croix County, Wisconsin (1993);
41.
Report on Commercial Sexual Exploitation of Children in the U.S. (2001);
42.
Testimony of David Sherman (2000) — An Insider's View of Sexually Oriented Businesses;
43.
A Report on Strip Clubs According to Strippers: Exposing Workplace Sexual Violence.
The following study regarding the adverse secondary effects associated with adult businesses was placed on file with the City Attorney for review by the Board of Aldermen following the May 5, 2004, meeting: An "Adult Use Study" prepared for the City of Kansas City, Missouri by Eric Damian Kelly, Ph.D., AICP, and Connie B. Cooper, AICP, consisting of 4 parts and 9 appendices (the "Kelly and Cooper Study"). The Board of Aldermen of the City held a public meeting on May 12, 2004, to consider proposed regulations of adult businesses in the City and heard a report from staff, including the results of a zoning analysis regarding spacing conducted by Michael Duffy, AICP; heard testimony regarding the adverse secondary effects of such businesses, including increased crime, prostitution, drug use and other illegal activities. The Board of Aldermen of the City has also established adult business license regulations with the City. |
B.
Findings Of Fact. Based on the secondary effects studies, testimony, case law and other information before it, the Board of Aldermen made and hereby affirm the following legislative findings of fact:
1.
That certain conduct occurring on the premises of adult businesses is detrimental to the public health, safety and general welfare of the citizens of the City and, therefore, such conduct must be regulated;
2.
That adult businesses are associated with and promote prostitution, illegal drug use and other criminal activity which constitute an immediate threat to the public peace, health, morals and safety;
3.
That regulation of adult businesses is necessary because in the absence of such regulation, significant criminal activity, including prostitution, illegal drug use and disruptive behavior and high-risk sexual conduct that may result in health hazards, has historically and regularly occurred;
4.
That adult businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and downgrading of property values; these deleterious effects create a legitimate concern of the City to protect property values, business interests and generally protect the City from urban blight associated with adult businesses; and
5.
That it is recognized that adult businesses have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight; and
6.
That it is necessary to regulate and license entertainers and servers in the adult entertainment industry to prevent the exploitation of minors, to ensure that such individuals are adults and to ensure that such individuals have not assumed a false identity or been involved in criminal activity associated with adult entertainment, which would make regulation difficult or impossible; and
7.
That it is recognized that the live entertainment presented by some adult businesses involves bodily contact between patrons and performers, including physical contact while giving and receiving gratuities, including hugging, kissing and fondling of performers or patrons; it is further recognized that this contact titillation promotes prostitution and the spread of sexually transmitted diseases; it is further recognized that a reasonable and effective means of preventing this type of physical contact is achieved by requiring entertainers to dance or perform only on a stage, prohibiting customers from touching the performers on the stage and prohibiting customers from providing gratuities to the performers on stage except in a container placed on the stage; and
8.
That it is necessary to have a licensed manager on the premises of adult business establishments to ensure that a person responsible for the overall operation of the business, including the actions of the customers and employees, is present at all times; and
9.
That the license fees imposed by these regulations are reasonable fees imposed as necessary regulatory measures designed to help defray expenses incurred by the City in regulating adult businesses; and
10.
That it is necessary to restrict hours of operation of adult businesses in order to prevent noise and crime during the late night and early morning hours and to preserve the character and quality of nearby residential neighborhoods; and
11.
That the types of videos and films shown in adult video viewing booths are available for viewing, purchase or rental in other types of adult businesses which are less harmful to the health, safety and welfare of the community, and therefore adult video viewing booths should be prohibited in favor of other venues; and
12.
That adult retail establishments (the businesses referred to in the Kelly and Cooper Report as "sex shops") have documented harmful secondary effects within nearby residential neighborhoods notwithstanding the retail nature of the businesses; and
13.
That as of the date that the study was conducted approximately three (3) tracts of land out of forty-eight (48), or approximately six and two-tenths percent (6.2%) of the total commercially zoned tracts of the City, is properly zoned and could accommodate various types of adult businesses notwithstanding the locational restrictions imposed by this Chapter; and
14.
That adult businesses operating on the effective date of this Chapter should be brought into compliance with the provisions of this Chapter and those businesses which do not conform to the locational restrictions contained herein shall conform their operations to a lawful business use and discontinue operation as an adult business at that location; and
15.
The Kelly and Cooper Study is reasonably believed to be of particular relevance to Lone Jack both due to its geographical focus on adult businesses in the metropolitan area of which Lone Jack is a part and due to its particularized analysis of businesses it refers to as "sex shops" and "video viewing booths"; and
16.
The Board of Aldermen desires to minimize and control the adverse secondary effects associated with adult businesses and thereby protect the health, safety and welfare of the citizenry, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and to deter the spread of urban blight; and
17.
It is not the intent of this Chapter or any previously enacted ordinance to suppress or limit any speech activities protected by the First Amendment to the United States Constitution, but to enact a content neutral, reasonable time, place and manner regulation that effectively addresses the harmful secondary effects associated with adult businesses.
C.
Regulations.
1.
Applicability. This Section shall apply to any bookstore, media store or video store, in which "adult media" constitutes more than ten percent (10%) but not more than forty percent (40%) of the store's inventory at any time, or where "adult media" constitutes more than ten percent (10%) but not more than forty percent (40%) of the merchandise displayed for sale or rental at any time, or where "adult media" occupies more than ten percent (10%) but not more than forty percent (40%) of the sales floor area of the business (not including store rooms, stock areas, bathrooms, or any portion of the business not opened to the public) at any time.
2.
Prohibition Of Public Display. The owner or operator of a store to which this Subsection is applicable shall have the affirmative duty to prevent the public display of "adult media" at or within the portions of the business open to the general public.
3.
Display Of "Adult Media." "Adult media" in a store to which this Subsection is applicable shall be kept in a separate room or section of the store, which room or section shall:
a.
Not be open to any person under the age of eighteen (18);
b.
Be physically and visually separate from the rest of the store by an opaque wall or durable material reaching at least eight (8) feet high or to the ceiling, whichever is less;
c.
Be located so that the entrance to it is a far as reasonably practicable from media or other inventory in the store likely to be of particular interest to children; and
d.
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section.
D.
Spacing Requirements. An adult business (as defined in Section 400.150) shall be subject to the following spacing requirements:
1.
The proposed adult business shall not be located within one thousand (1,000) feet of any preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, or residence. This Subsection shall not apply to any sexually oriented business lawfully established prior to August 28, 2010. For purposes of this Subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business.
a.
Provided further, the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way.
b.
provided further, that the spacing restriction set forth above in Subsection 1 may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission, if the applicant demonstrates by substantial and competent evidence and it is found that:
(1)
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Chapter will be observed; and
(3)
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal; and
(4)
All applicable regulations of this Chapter will be observed.
2.
The proposed adult business shall not be located within one thousand (1,000) feet of any other sexually oriented business. This Subsection shall not apply to any sexually oriented business lawfully established prior to August 28, 2010. For purposes of this Subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business.
a.
Provided the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way; and
b.
Provided further, that the one thousand (1,000) feet restriction between such regulated uses may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission, if the applicant demonstrates by substantial and competent evidence and it is found that:
(1)
The proposed use will not be contrary to the public interest or contrary to nearby properties, and that the spirit and intent of this Chapter will be observed; and
(3)
The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal; and
(4)
All applicable regulations of this Chapter will be observed.
Section 400.460 Accessory Uses.
[CC 2005 UDO § 5.6]
A.
Definition And Applicability.
1.
In a residential zoning district, an accessory structure or use is a subordinate or incidental structure or use, attached to or detached from the principal structure, and which is not used for commercial purposes, except as provide for home occupations.
2.
In non-residential zoning districts, an accessory structure or use is a subordinate structure or use, the use of which is secondary to and supportive of the principal structure.
3.
Accessory uses include any use that is authorized in the district which is secondary or subordinate to the primary use.
B.
Performance Standards For Accessory Dwelling Units. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed only in A and RR zoning districts;
2.
The accessory dwelling unit may be constructed only upon the issuance of a building permit;
3.
The accessory dwelling unit shall be a permanent structure;
4.
Accessory dwelling units shall be considered independent buildable sites, and be connected to public water and sewer service where available or have on-site water and sewer facilities;
5.
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit;
6.
The accessory dwelling unit shall comply with all required building setbacks for the principal residential use;
7.
The overall height of an accessory dwelling shall be limited to one (1) story, provided, that a garage apartment or non-residential caretaker's quarters, may be located over a garage;
8.
When the accessory dwelling is directly attached to the principal dwelling, it shall be considered an integral part of the main building; and
9.
Accessory dwellings shall not exceed one thousand (1,000) square feet of heated area.
C.
Standards For Accessory Buildings Or Structures In Residential Zoning Districts. Accessory buildings or structures may be allowed in residential zoning districts pursuant to the following conditions:
1.
Detached accessory buildings shall be prohibited from being placed in front of the principal building and shall be placed in the rear yard, except that a detached garage may be located in front of the principal residence.
2.
The minimum required side setback for the principal building shall be observed for accessory buildings; and
3.
Accessory buildings adjacent to a side street shall have a side yard not less than that of the primary structure.
4.
Pools, saunas, and jacuzzis having a depth of two (2) feet or more, provided the following conditions are met:
a.
Below-grade pools, saunas and jacuzzis.
(1)
Below-grade uses and associated above grade appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side property line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a front or street side property line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
The area in which the below-grade use is located shall be entirely enclosed and separated from adjoining property by a protective fence or other permanent structure not less than four (4) feet in height, measured from grade. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices.
b.
Above-grade pools, saunas, and jacuzzis.
(1)
Above-grade uses and associated appurtenances (decks, equipment, etc.) shall be located behind the front building line and not less than ten (10) feet from any rear or side line. In the case of corner lots, they shall not be less than twenty-five (25) feet from a street side property line and at least twenty (20) feet from a principal building on an adjoining lot.
(2)
The area in which the above-grade pool, sauna, or Jacuzzi is located shall be entirely enclosed and separated from adjoining property by a separate protective fence or other permanent structure not less than four (4) feet in height, measured from grade. Such protective enclosure shall be provided with gates equipped with self-closing and self-latching devices.
5.
Private tennis courts shall not be constructed within twenty (20) feet of any adjoining residential property line. Tennis court fences or walls shall not exceed twelve (12) feet in height, and no lights for the tennis court shall be permitted within twenty-five (25) feet of any adjoining residential property line.
6.
Except as noted above, accessory structures shall comply with the minimum setback requirements established in the district.
7.
In Districts HDR, MDR and LDR, one (1) detached accessory storage building that does not exceed two hundred fifty (250) square feet is permitted.
8.
In Districts A, RR and SR, there shall be permitted detached garages, barns or live stock structures not in excess of one thousand (1,000) square feet per acre for lots not exceeding five (5) acres in size, and for lots that do exceed five (5) acres in size, then the garages, barns or live stock structures shall not cover more than fifteen percent (15%) of the lot area, inclusive of the principal structure and not more than fifteen percent (15%) of the rear yard; provided, however, that in no event for lots that do exceed five (5) acres in size, shall the garages, barns or live stock structures aggregately exceed twenty thousand (20,000) square feet in size.
9.
Fences. Wood, chain link, masonry, wrought iron, and plastic fences are permitted in all zoning districts provided the following conditions are met:
[Ord. No. 389, 8-19-2010; Ord. No. 400, 12-16-2010]
a.
No fence shall be constructed that will constitute a traffic hazard.
b.
No fence shall be greater in height than three (3) feet in the required front yard, or six (6) feet in height in side or rear yards.
c.
Barbed wire fences are not permitted except in Agricultural zoning districts. Electric fences are only permitted in Agricultural and Rural Residential zoning districts. When residential property abuts Agricultural or Rural Residential zoned property, barbed wire and electric fences must be set back a minimum of ten (10) feet from the property line, except if a barbed wire or electric fence is placed on the inside of an approved fence (such as chain link, wood, woven wire, etc.) which is constructed along the property line, then the barbed wire or electric fence does not have to be set back ten (10) feet from the property line.
e.
In Rural Residential zoning districts, the only type of electric fencing that can be used is electric tape, also known as poly tape or braided tape, which is poly coated with a UL (Underwriters Laboratories) approved electric fence energizer. In addition, signage must be placed on the exterior or perimeter fence ]if there is more than one (1) fence surrounding the area] or if there is only one (1) fence signage shall be placed on said fence and on the exterior side of the fence (side facing away from the property) indicating to the public that the fence contains an electronic charge. The signage shall be a minimum of six (6) inches by six (6) inches in size and secured to the exterior or perimeter fence at least every one hundred fifty (150) feet around the fence.
10.
A private stable will be allowed on a lot having an area of more than one (1) acre, provided, that it is located not less than one hundred (100) feet from the front lot line, nor less than thirty (30) feet from any side or rear lot line. On such lots, there shall not be kept more than one (1) horse, pony or mule for each forty thousand (40,000) square feet of lot area; provided, however, that where any such stable exists and/or animals as herein provided for are kept, the owner or keeper shall cause the premises to be kept and maintained so as to comply with all State, County and municipal sanitary and health regulations regarding same.
11.
Real estate offices are permitted as an accessory incidental use for residential developments. The use is permitted within a model home or dwelling unit that is not occupied, or in a temporary structure set up for a real estate office. Such temporary structure must comply with all setback requirements and provide paved off-street parking facilities. Such use may continue only until the sale of all properties within the development, as long as the office is occupied and staffed a minimum of four (4) days per week.
[Ord. No. 378, 4-15-2010]
D.
Propane Tanks. No above ground propane tanks over twenty (20) gallons in size are allowed in any zoning district in which the residential lot size is smaller than one (1) acre.
Section 400.470 Flood Hazards.
[CC 2005 UDO § 5.7; Ord. No. 329, § 13; 12-20-2007]
A.
Findings Of Fact.
1.
Flood Losses Resulting From Periodic Inundation. The flood hazard areas are subject to inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.
2.
General Causes Of These Flood Losses. These flood losses are caused by 1) The cumulative effect of obstruction in floodways causing increases in flood heights and velocities; and 2) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages.
3.
Methods Used To Analyze Flood Hazards. This Chapter uses a reasonable method of analyzing flood hazards which consists of a series of interrelated steps.
a.
Selection of a regulatory flood which is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for this Chapter is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to occur on the average once every one hundred (100) years or has a one percent (1%) chance of occurrence in any one (1) year, as delineated on the preliminary draft of the Federal Insurance Administration's Flood Insurance Study, and illustrative materials (FIRM) dated June 24, 1974, as amended.
b.
Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c.
Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increases in flood height.
e.
Delineation of the floodway fringes, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.
B.
Statement Of Purpose. It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize those losses described in Subsection (A)(2) by provisions designed to:
1.
Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or cause increased flood heights or velocities.
2.
Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction.
3.
Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.
4.
Ensure that eligibility is maintained for property owners in the community to purchase flood insurance in the Federal Flood Insurance Program.
C.
General Provisions.
1.
Lands To Which Ordinance Applies. This Chapter shall apply to all lands within the jurisdiction of the City identified on the Flood Insurance Rate Map (FIRM) as numbered and unnumbered A Zones and within the Zoning Districts FW and FF established in Subsection (D) of this Chapter. In all areas covered by this Chapter no development shall be permitted except upon a Permit to develop granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the City and where specifically noted in Subsections (E), (F) and (G).
2.
The Enforcement Officer. The Zoning Administrator hereby designated as the Board of Aldermen's duly designated Enforcement Officer under this Chapter.
3.
Rules For Interpretation Of District Boundaries. The boundaries of the floodway and floodway fringe overlay districts are shown on the Flood Insurance Rate Map and are hereby adopted as a part of the official zoning map. Where interpretation is required as to the exact location of the boundaries of the districts as shown on the zoning map or there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustments will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his/her case and to submit his/her own technical evidence, if he/she so desires.
4.
Compliance. No structure, land or water shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.
5.
Abrogation And Greater Restrictions. It is not the intent of this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provision of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.
6.
Interpretation. The interpretation and application of the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
7.
Warning And Disclaimer Of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study; however, larger floods may occur on rare occasions and flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such district will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.
8.
Severability. If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
9.
Appeal To Board Of Adjustments.
a.
Where a request for a Permit to develop is denied by the Zoning Administrator, the applicant may apply for such permit or variance directly to the Board of Adjustment.
b.
The Board of Adjustment may grant or deny such request by appropriate resolution adopted within thirty (30) days after the date of such application to the Board of Adjustment.
D.
Development Permit.
1.
Permit Required. No person, firm or corporation shall initiate any development within floodway and floodway fringe overlay districts or cause the same to be done without first obtaining a separate permit for development for each such building, structure or other development.
2.
Application For Permit.
a.
To obtain a permit, the applicant shall first file an application therefor, in writing, on a form furnished for that purpose. Every such application shall:
(1)
Identify and describe the work to be covered by the permit for which application is made.
(2)
Describe the land on which the proposed work is to be done by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work.
(3)
Indicate the use or occupancy for which the proposed work is intended.
(4)
Be accompanied by plans and specifications for proposed construction.
(5)
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.
(6)
Be accompanied by elevations (in relation to mean sea level) of the lowest floor (including basement) or in the case of floodproofed non-residential structures, the elevation to which it has been floodproofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator.
(7)
Give such other information as reasonably may be required by the Zoning Administrator.
b.
The Zoning Administrator shall review all building permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by Federal or State law (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) and make recommendations for development in all locations which have flood hazards.
c.
The Zoning Administrator shall notify the community downstream from the development and the State Coordinator of the Division of Disaster Preparedness prior to any alterations or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration.
d.
The Zoning Administrator shall require assurances from the applicant that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E.
Establishment Of Zoning Districts. The mapped floodplain areas within the jurisdiction of this Chapter are hereby divided into the two (2) following districts: a floodway overlay district (FW) and floodway fringe overlay district (FF) identified in the Flood Insurance Study and shown on the Flood Boundary and Floodway Maps. The boundaries of these districts shall become part of the official zoning map. Within these districts all uses not meeting the standards of this Chapter and those standards of the underlying zoning district shall be prohibited. These zones shall be consistent with the numbered and unnumbered A zones as identified on the official FIRM and identified in the Flood Insurance Study provided by the Federal Insurance Administration:
F.
Standards For The Floodway Overlay District And The Floodway Fringe Overlay District.
1.
In all areas of special flood hazards, the following provisions are required:
a.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure, resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
b.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
c.
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
d.
That until a floodway has been designated, no development, including landfill, may be permitted within Zones A1–30 and AE on the City's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than (1) foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference in Subsection (A)(3)(a) of this Section.
e.
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
f.
On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
g.
Storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.
h.
Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
i.
Subdivision proposals and other proposed new development shall be required to ensure that:
(1)
All such proposals are consistent with the need to minimize flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4)
Proposals for development (including proposals for manufactured home parks and subdivisions) of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals the regulatory flood elevation.
j.
All utility and sanitary facilities shall be floodproofed up to the regulatory flood protection elevation so that any space below the regulatory flood protection elevation is water-tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effect of buoyancy.
2.
In all unnumbered A zones where Flood Insurance Study data is not furnished, any base flood elevation and floodway data currently available from Federal, State or other sources will be used.
G.
Floodway Overlay District.
1.
Permitted Uses.
a.
Only uses having a low flood-damage potential and not obstructing flows shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill or storage of materials or equipment. No use shall increase the flood levels of the regulatory flood elevation. These uses are subject to the standards of Subsection (E).
b.
The following uses are permitted where such uses are also permitted by the appropriate zoning district.
(1)
Agricultural uses such as general farming, pasture, nurseries, forestry.
(2)
Residential uses such as lawns, gardens, parking and play areas.
(3)
Non-residential areas such as loading areas, parking, airport landing strips.
(4)
Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.
H.
Floodway Fringe Overlay District.
1.
Permitted Uses. Any use permitted in Subsection (E) shall be permitted in the Floodway Fringe Overlay District. Other uses which are permitted by the appropriate zoning district shall be permitted subject to the standards set forth in Subsection (G)(1). No use shall be permitted in the district unless the standards of Subsection (F) are met.
2.
Standards For The Floodway Fringe Overlay District.
a.
New construction or substantial improvements of residential structures shall have the lowest floor, including basement, elevated to at least one foot above the regulatory flood elevation.
b.
New construction or substantial improvements of non-residential structures shall have the lowest floor, including basement, elevated to at least one (1) foot above the regulatory flood elevation or, together with attendant utility and sanitary facilities, shall be flood-proofed up to one (1) foot above the regulatory flood elevation.
c.
New manufactured homes, manufactured homes that are substantially improved, manufactured home parks, and manufactured home subdivisions or expansions of the same, shall comply with the following requirements:
(1)
Specific anchoring standards to be met:
(a)
Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home with two (2) additional ties per side at the intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side.
(b)
Frame ties shall be provided at each corner of the home with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side.
(c)
All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4,800) pounds.
(d)
Any additions to manufactured homes shall be similarly anchored.
(2)
All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at least one (1) foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Subsection (G)(2)(c)(1).
d.
New construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided, that they permit the automatic entry and exit of floodwaters.
I.
Certification And Information.
1.
Flood Proofing. Applicants for a development permit for a floodproofed structure shall provide certification by a registered professional engineer or architect that the flood proofing plans are adequate to be water-tight with walls impermeable to the passage of water and withstand the hydrostatic and hydrodynamic forces associated with the 100-year flood.
2.
Flood proofing of residential structures will not be allowed unless an exception is specifically granted from the provisions of this Chapter by the Administrator of the Federal Insurance Administration.
3.
Elevation Of Property. the applicant shall provide information identifying the elevation of the property in relation to mean sea level of the lowest floor (including the basement of the proposed structure) to which structures are flood-proofed. In addition, the applicant shall provide this information for the second lowest floor when the lowest floor is below grade on one (1) or more sides.
4.
The Zoning Administrator will maintain the records of certification when issuing development permits in conformance with this Section.
J.
Variance.
1.
Where by reason of exceptional narrowness, shallowness, shape of topography, or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this Chapter would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the Board of Adjustment may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships, provided, that such a variance may only be granted if:
a.
The structure is to be erected on a lot of one-half acre or less in size and such lot is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood protection elevation; or
b.
The structure is listed on the National Register of Historic Places, the State Inventory of Historic Places and is to be restored or reconstructed.
2.
Variances shall not be issued except upon a) a showing of good and sufficient cause, b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and c) a determination that the variance issuance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local or State laws or ordinances.
3.
Variances may only be issued upon a determination that the applicant requesting a variance shall meet the minimum necessary standards of this Chapter to afford relief.
4.
The applicant shall be notified in writing by the Zoning Administrator that the issuance of a variance to locate a structure at an elevation below the 100-year flood level will result in increased actuarial rates for flood insurance coverage.
K.
Non-Conforming Use.
1.
A structure or the use of a structure or premises which was lawful before the passage or amendment of this Chapter but which is not in conformity with the provisions of this Chapter may be continued subject to the following instructions:
a.
No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.
b.
If such use is discontinued for three (3) consecutive months, any future use of the building premises shall conform to this Chapter. The Finance Department shall notify the Planning Officer in writing of instances of non-conforming uses where utility services have been discontinued for a period of three (3) months.
c.
Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
2.
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred except if it is reconstructed in conformity with the provisions of this Chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations, or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
L.
Penalties For Violation.
1.
Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute an ordinance violation. Any person who violates this Chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ninety (90) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
2.
Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
M.
Amendments: The regulations, restrictions, and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place for such hearing shall be published in a newspaper of general circulation in the. The regulations of this Chapter are in compliance with the National Flood Insurance Program Regulations.
N. 100-YEAR FLOOD ACTUARIAL RATES CHANNEL DEVELOPMENT FLOOD FLOOD ELEVATION DETERMINATIONS FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOODPLAIN MANAGEMENT FLOOD-PROOFING FLOOD PROTECTION SYSTEM FLOODWAY FLOODWAY FRINGE FUNCTIONALLY DEPENDENT USE LOWEST FLOOR MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION NEW CONSTRUCTION OVERLAY DISTRICT REGULATORY FLOOD ELEVATION REGULATORY FLOOD PROTECTION ELEVATION START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT
Definitions. Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application.
The base flood having one percent (1%) chance of annual occurrence.
Or "risk premium rates," are those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S.C. § 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances.
A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined channel.
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
A temporary rise in streams flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel. An unusual and rapid accumulation of runoff or surface waters from any source.
A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a one percent (1%) change of occurrence in any given year.
The official map prepared by the Department of Housing and Urban Development - Federal Insurance Administration for a community delineating where flood insurance may be sold and the risk premium zones applicable to such area.
The official report provided by the Federal Insurance Administration. The report contains flood profiles and water surface elevations for various flood frequencies as well as the boundaries and water surface elevations of the 100-year flood.
The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plan, flood control works and floodplain management regulations.
Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard." Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound Federal engineering standards.
The channel of a river or other watercourse and the adjacent portion of the floodplain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one (1) foot at any point assuming equal conveyance reduction outside the channel from the two (2) sides of the floodplain.
That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every one hundred (100) years [i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year].
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter.
A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
New construction means those structures where new construction or substantial improvement of which is begun after December 31, 1974, or the effective date of the FIRM, whichever is later.
A district which acts in conjunction with the underlying zoning district or districts.
Elevation indicated on the FIRM as the elevation of the 100-year flood.
An elevation one (1) foot higher than the water surface elevation of the regulatory flood.
[For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)], includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one-hundred-eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
A walled and roofed structure, including a gas or liquid storage tank, that is principally above the ground, including, but without limitation, to buildings, factories, sheds, cabins, manufactured homes, and other similar uses.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either 1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to ensure safe living conditions or 2) any alteration which will not preclude the structure's continued designation as a "historic structure."
Section 400.480 Permitted Temporary Uses.
[Ord. No. 378, 4-15-2010]
A.
Concrete And Asphalt Mixing Plants.
1.
Purpose And Intent. The purpose and intent of this Section is to allow the temporary operation of a concrete or asphalt mixing plant in conjunction with a construction project for the benefit of the public within the City of Lone Jack, Missouri.
2.
Conditions. The Board of Aldermen may grant a temporary permit for an off-site concrete or asphalt mixing plant in any zoning district provided:
a.
The concrete or asphalt mixing plant is being used in conjunction with a public construction project.
b.
In order to keep all material used in conjunction with the public construction project, such as gravel and pipe, in a central location and not create health and safety issues with construction material spread throughout the City, the material used in conjunction with the public construction project shall be housed either on-site where the construction project is located or off-site where the temporary concrete or asphalt mixing plant in located.
c.
The term of operation of the mixing plant shall be no longer than six (6) months, but may be extended for good cause at the discretion of the Board of Aldermen.
d.
A cash or surety bond must be posted by the applicant in an amount not less than ten thousand dollars ($10,000.00), to guarantee the removal of the mixing plant within the permitted time for operation.
e.
The mixing plant shall not create fumes, noise, dust, or other discharge which will be a nuisance to surrounding areas.
f.
Permittee shall be responsible for repairing any City infrastructure that is damaged due to the location and use of the off-site concrete or asphalt mixing plant, for example, if roads are damaged because construction trucks are driving to and from the off-site temporary concrete/asphalt mixing plant and the construction site.
g.
All other provisions of the City Code and Unified Development Ordinance shall be followed.
3.
Notice. Upon receipt of an application for a permit to allow a temporary off-site concrete and/or asphalt mixing plant, the City shall provide notice to the property owners immediately adjacent to the proposed off-site temporary concrete and/or asphalt mixing plant property. Such notice shall be given at least ten (10) days prior to the Board of Aldermen's consideration of the temporary permit application and such notice shall be mailed by certified mail to the property owner of record. The notice shall contain the time, date and place of the Board of Aldermen's meeting and any interested person shall be given an opportunity to be heard at the meeting.
4.
Compliance. If the permittee fails to maintain the mixing plant in accordance with this Chapter or the terms of the permit, the Board of Aldermen may revoke the permit and order cessation of the plant operations.
B.
Christmas Tree Sales. Christmas tree sales are permitted in any commercial or industrial zoning district for a period not exceeding sixty (60) days prior to Christmas. Display must be on private property. Trees shall not be displayed within thirty (30) feet of the intersection of any two (2) streets.
C.
Contractor offices and equipment sheds and trailers which are accessory to a construction project are permitted during the duration of such project.
D.
Sales of farm produce grown on the premises is permitted in Agricultural, Commercial, and Industrial zoning districts.
E.
Carnivals, circuses and fairs are permitted in commercial and industrial zoning districts for a time period not exceeding three (3) weeks.
F.
Garage or yard sales are permitted in any zoning district, provided, that such use shall not exceed three (3) consecutive days in duration, and shall not occur more than two (2) times in a year at any location.
G.
Storage of construction materials and equipment in conjunction with a construction project for the benefit of the public within the City of Lone Jack, Missouri.
Section 400.490 Solar Energy Systems.
[Ord. No. 467, 7-18-2013]
A.
General. The provisions of this Subsection shall apply to the design, construction, installation, alteration, materials, location, repair and removal of solar energy systems and accessories connected, attached or adjacent to a building or structure. Solar energy systems, whether active or passive, shall be designed to be compatible with the surrounding neighborhood and shall comply with the following standards.
B.
Maintenance And Access. Solar energy system components shall be accessible for required routine maintenance without trespassing on adjoining property or disassembling a major portion of the structure of a building or appurtenance.
C.
Location. Solar energy system components shall not be located so as to interfere with the operation or required doors, windows or other building components. Provision shall be made over pedestrian and vehicular ways to protect those areas from sliding snow or ice.
D.
Height. Solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
E.
Compliance With Building Codes. Solar energy system components shall be installed in accordance with adopted City building and related codes.
F.
Plan Applications. Applications for building permit to install solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the solar energy system on the building, structure or property, including the property lines.
1.
Pitched Roof-Mounted Solar Energy Systems. For all roof-mounted solar energy systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
2.
Flat Roof-Mounted Solar Energy Systems. For flat roof-mounted solar energy systems, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
G.
Installation Of Equipment. Solar energy systems, when mounted or placed atop the roof of a structure, shall conform to the following requirements:
1.
Roof-mounted solar energy system components servicing the collector panel shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way and all exposed metal shall be finished with similar colors to the structure on which it is mounted. All framing shall be rust treated or of non-rusting materials.
2.
Roof-mounted solar energy systems located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such system shall extend more than twenty-four (24) inches perpendicular to the point of the roof where it is mounted. For roofs of 2/12 pitch or less, solar energy systems may extend twenty-four (24) inches above the parapet or ridgeline.
3.
Roof-mounted solar energy systems located on the rear side of the building roof shall not extend above the peak of the roof plane on which they are mounted, and no portion of any such system shall extend more than four (4) feet perpendicular to the point on the roof where it is mounted. For roofs of 2/12 pitch or less, solar energy systems may extend twenty-four (24) inches above the parapet or ridgeline.
4.
Ground-mounted solar energy systems shall not exceed eight (8) feet in total height and shall be located within the rear at least fifteen (15) feet inside the property line.
5.
All lines serving ground-mounted solar energy systems shall be located underground.
6.
Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way.
7.
All appurtenant structures to solar energy systems shall be subject to reasonable regulations and shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.
8.
Electric solar energy system components must have a UL listing. Due to public health and safety concerns, facilities that use alternative energy systems exclusively for all power needs, and are not connected to a public power source or "grid" for any purpose (known as "off-grid" systems), shall not be permitted, unless a conditional use permit is approved in accordance with Section 400.410.
H.
Conditional Use Permit. Where the standards of this Section are not met, solar energy systems shall be considered by a conditional use permit request. Pursuant to Section 400.410, the applicant shall file a Conditional Use Permit Application with the City Clerk. After notice is given, the Planning and Zoning Commission and the Board of Aldermen shall hold public hearings, pursuant to the requirements of Section 400.410.
Section 400.500 Marijuana.
[Ord. No. 765, 4-20-2023]
A. ELEMENTARY OR SECONDARY SCHOOL THEN-EXISTING
Definitions. The definitions contained in Article XIV, Section 1.2 and Section 2.2 of the Missouri Constitution are incorporated into this Chapter as if fully set forth. Additionally, for purposes of this Section, the following terms shall have the meanings indicated:
Any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
Any elementary or secondary school, day care, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility first applies for either zoning or a building permit, whichever comes first.
B.
The following regulations apply to all medical marijuana facilities, comprehensive marijuana facilities, and microbusinesses, including cultivation facilities, dispensary facilities, infused products manufacturing facilities, testing facilities, transportation facilities, and wholesale facilities:
1.
No new medical facility or marijuana facility shall be initially sited within three hundred (300) feet of any then-existing elementary or secondary school, child day-care center, or church. 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. 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 in 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. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
2.
Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility or a comprehensive marijuana cultivation facility, all such marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.
3.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical facility or marijuana facility.
4.
Hours Of Operation. All medical facilities and marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M. Monday through Saturday and 10:00 P.M. and 9:00 A.M. on Sunday.
5.
Residential Dwelling Units Prohibited. No medical facility or marijuana facility shall be located in a building that contains a residence.
6.
Ventilation Required. All medical facilities and marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.