The use table of this section provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect the regulations that may apply to particular uses or districts. In the event of conflict between this article and district-specific use regulations of article II, the district-specific use regulations shall prevail.

(1)

Permitted (by-right). Uses identified in a zoning district column of the use table with a "P" are permitted by-right and shall be permitted in such zoning district, subject to such conditional use regulations as may be indicated in the conditions column and all other requirements of this chapter.

(2)

Conditional uses. Uses identified in a zoning district column of the use table with a "C" are conditional uses and shall be permitted in such zoning district if reviewed and approved in accordance with the standards of article IX of this chapter. Conditional uses shall be subject to such conditional use regulations as may be indicated in the use standards column and all other requirements of this chapter.

(3)

Not permitted. Uses not identified in a zoning district column of the use table as permitted by-right or by conditional use are not allowed in such zoning district unless otherwise expressly permitted by other regulations of this chapter.

(4)

Use standards. A letter in the final use standards column of the use table refers to conditional use standards applicable to a particular use in one or more of the districts in which such use is allowed. The referenced regulations appear in this article.

(Code 1987, app. A, § 25; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7536, § 1, 12-16-2002; Ord. No. 7728, § 1, 8-16-2004; Ord. No. 8087, § 1, 5-24-2007; Ord. No. 8109, § 1, 7-16-2007; Ord. No. 8641, § 2, 9-19-2011; Ord. No. 9496, § 2, 2-19-2019; Ord. No. 9505, § 2, 3-18-2019; Ord. No. 9506, § 2, 3-18-2019; Ord. No. 9507, § 2, 3-18-2019; Ord. No. 9616, § 2, 8-17-2020; Ord. No. 9620, § 3, 9-8-2020; Ord. No. 9622, § 2, 9-8-2020; Ord. No. 9651, § 1, 4-19-2021; Ord. No. 9751, § 1, 4-17-2023; Ord. No. 9753, § 2, 4-17-2023; Ord. No. 9839, § 2, 8-19-2024; Ord. No. 9841, § 2, 10-7-2024; Ord. No. 9846, § 1, 10-21-2024)

(a)

Generally. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this chapter.

(b)

Residential. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)

For lots of 20,000 square feet or less; garages, carports and off-street parking and loading areas, however, the combined total of all detached garages or carports in a residential district shall not cover more than a total of 1,000 square feet or up to ten percent of the total lot area, whichever is less;

(2)

For lots greater than 20,000 square feet; garages, carports and off-street parking and loading areas, however, the total of the detached garages and carports in a residential district shall not cover more than a total of five percent of the total lot area;

(3)

Gardens; provided, however, they meet the required front yard setbacks of the district in which they are located;

(4)

Gates and guardhouses;

(5)

Guest house or guest rooms, neither of which may include kitchen facilities, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units;

(6)

Home occupations, subject to the home occupation requirements of this article;

(7)

Playhouses, patios, cabanas, porches, gazebos and incidental household storage buildings, however, such buildings shall not cover more than five percent of the total lot area;

(8)

Radio and television receiving antennas and support structures;

(9)

Recreational and play facilities for residents;

(10)

Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, however, storage shall be limited to private garages, side or rear yards of private homes, and in the driveways of private homes. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. Recreational vehicles or equipment shall not be stored within required off-street parking spaces. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises for a period exceeding 14 days in a calendar year;

(11)

Storm shelters and fallout shelters;

(12)

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the zoning administrator to ensure land use compatibility;

(13)

Swimming pools subject to a setback of no less than four feet from a protective fence no less than six feet in height around the perimeter of the pool.

(c)

Nonresidential. Nonresidential uses shall include, but not be limited to, the following accessory uses, activities and structures:

(1)

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use;

(2)

Dwelling units, other than manufactured homes, when used or intended to be used for security or maintenance personnel;

(3)

Dwelling units, when located on the second story of a commercial structure located in the B-2 district;

(4)

Gates and guardhouses;

(5)

Offices for allowed business and industrial uses when the office is located on the same site as the principal use;

(6)

Parking garages and off-street parking areas;

(7)

Radio and television receiving antennas and support structures;

(8)

Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges when in a permitted hotel, motel or office building;

(9)

Sales of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use;

(10)

Recycling collection stations, subject to the provisions of subsection (e) of this section;

(11)

The storage of merchandise when located within the same building as the principal business; and

(12)

Other necessary and customary uses determined by the zoning administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the zoning administrator to ensure land use compatibility.

(d)

Development and operational standards. The following standards shall apply to all accessory uses and structures unless otherwise specifically provided:

(1)

Exterior setback. No accessory structure shall be located within a required exterior setback.

(2)

Interior (rear) setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures shall, however, be set back at least eight feet from rear lot lines and shall not be closer to the side lot line than the applicable minimum interior setback.

(3)

Interior (side) setbacks. No accessory structure shall be located within a required interior side setback.

(4)

Setbacks from easements. No accessory structure, other than a fence or wall, shall be located within any platted or recorded easement, or over any known utility.

(5)

Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.

(6)

Building separation. Unless attached to the principal structure, accessory structures shall be located at least five feet from any other structure.

(7)

Building coverage.

a.

No detached accessory structure shall cover more than ten percent of the total lot area.

b.

Accessory buildings and structures shall be included in the calculation of total building coverage.

(e)

Recycling collection stations. Recycling collection stations shall be allowed as an accessory use in accordance with the following standards:

(1)

Maximum size and approval required. Recycling collection stations shall be allowed as an accessory use only if it does not exceed 1,000 square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with article IX, division 4 of this chapter.

(2)

Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a six-foot-tall, 100 percent opaque, solid screen or be wholly contained within a structure.

(3)

Separation from residential. Recycling collection station structures shall be located at least 150 feet from adjacent property zoned R-l, R-2, R-3 or MP.

(4)

Reverse vending machines. Reverse vending machines shall be located or soundproofed such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes.

(5)

Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling sites in a clean and safe condition and shall pick up any recycled materials that have blown around the site or adjacent area. All materials shall be stacked properly within a recycling bin and be monitored on a frequent basis.

(6)

Hours of operation. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the zoning administration.

(7)

Signs. A sign shall be posted on the recycling enclosure stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the zoning administration.

(Code 1987, app. A, § 26(a); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

The following uses shall be allowed on a lot for which the vendor has a property interest as proved by a lease or title:

(1)

Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of this article, however, no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.

(2)

Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

(3)

Real estate office. Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

(4)

Seasonal sales. Seasonal sale of farm produce grown on the premises, in an N-1 district. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are not located within the sight triangle of an intersection, as defined by this chapter, and are removed or moved back of the required front yard setback line at the end of the season during which they are used.

(5)

Carnivals and circuses. A carnival or circus, but only in a commercial or industrial district, and then only for a period that does not exceed three weeks. Such use need not comply with the front yard requirements, however, structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by this chapter.

(6)

Garage or porch sales. The sale of used or second-hand merchandise shall be permitted in any residential district providing that such use shall not exceed three consecutive days in duration, nor occur more than twice during a 12-month period at one residence, excluding city-wide sales.

(7)

Temporary sales, general. No temporary sales establishment shall be allowed to operate for more than two consecutive days or more than four separate occasions during a calendar year.

(Code 1987, app. A, § 26(w); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Multifamily land uses are allowed in the B-2 district provided they are located on or above the second floor of a commercial building (non-ground floor dwelling units), located below ground level, meet the definition of ground floor dwelling units, or the definition of work/live units. All other multifamily development shall be subject to the following design guidelines and standards:

(1)

Site plan review. Multifamily development shall be subject to site plan review requirements and procedures of article IX, division 4 of this chapter.

(2)

Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as:

a.

Flood plains and drainage ways.

b.

Bodies of water.

c.

Prominent ridges and rock ledges.

d.

Existing tree cover including tree masses, wind rows and significant individual trees.

(3)

Cut and fill. Excessive cut and fill are unacceptable. The site plan should preserve the natural topography of the site.

(4)

Pedestrian circulation. Pedestrian circulation systems (sidewalks, walkways, and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area.

(5)

Building separation. All buildings shall be separated by a minimum distance of 15 feet.

(6)

Lot coverage. Each site plan should be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

(7)

Access. All multifamily residential developments must have direct vehicular access to collector, arterial or higher classification streets. Multifamily residential development shall not take access to local streets.

(8)

Open space. Open space should be provided to meet active and passive use requirements of the neighborhood.

a.

At least ten percent of the total site area shall be set aside as common open space. The common open space shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts, and tot lots. Common open space may not be counted toward nor located in required zoning district setbacks.

b.

A minimum of 60 square feet of private open space shall be provided for each ground-level dwelling unit and each dwelling unit that is accessible from a walk out basement. Private areas should allow only limited access and be enclosed to ensure privacy. Private areas typically include yards, balconies and patios.

(9)

Building clustering. Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area, and not have the primary orientation directed toward the parking area.

(10)

Building orientation.

a.

Individual buildings. Individual buildings should be oriented in a way that established neighborhoods and sub-neighborhoods.

b.

Reduction of unusable open space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

(11)

Vehicular circulation and parking.

a.

Street layout. The layout of streets should provide for safe operation of vehicles within the neighborhood. Excessively straight and wide streets encourage high speed traffic and should be avoided. Curvilinear designs, reduced street widths and cul-de-sacs create stronger neighborhood environments.

b.

Parking area layout. Double loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street.

c.

Parking enclosures. Parking enclosures should be designed and sited so as to compliment the primary structures and to provide visual relief from extensive pavement area.

(12)

Pedestrian circulation.

a.

Pedestrian linkages. Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities such as recreation, services, mail and parking.

b.

Landscaping details. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.

c.

Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity.

d.

Architectural design. The architecture of multifamily housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.

e.

Elongated sites with rectangular, double-loaded building footprints should be avoided. These designs typically lack interest and fail to create a strong sense of neighborhood.

f.

The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views, and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest.

g.

The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports, and all accessory structures should maintain the same level of design, aesthetic quality, and architectural compatibility.

h.

Screening from the street of all outdoor refuse areas, ground mounted mechanical equipment, utilities, and banks of meters shall be provided. The screening of these items is to be architecturally compatible with the major building components and may include landscaping.

(Code 1987, app. A, § 26(q); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011; Ord. No. 9620, § 4, 9-8-2020)

Adult entertainment establishments are prohibited in all zoning districts within the city and no building, structure, premises or land shall be used, constructed, reconstructed, altered or expanded as or for an adult entertainment establishment.

(Code 1987, app. A, § 26(c); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Any parking area used for the overnight parking of buses and vehicles shall be located at least 100 feet from the lot line of a lot zoned R-l, R-2, R-3 or MP. Any such parking area shall be screened from view of adjacent R-1 or R-2 districts by a landscape buffer as approved by the planning and zoning commission.

(Code 1987, app. A, § 26(t); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Bed and breakfast facilities shall be allowed in any residential zoning district B-2 and B-3 district by conditional use permit. The following requirements shall apply to all bed and breakfast facilities:

(1)

The structure in which the bed and breakfast facility is located shall contain no less than 2,000 square feet of habitable floor area, and shall comply with standards for minimum dwelling size as required in the R-3 district for multifamily dwellings.

(2)

The establishment is located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for not more than 14 consecutive nights.

(3)

Two off-street parking spaces with one additional off-street parking space per lodging room shall be provided, and the spaces shall be adequately screened from neighboring property.

(4)

A time period may be established by the city council for each bed and breakfast establishment.

(5)

No more than four bedroom units may be provided to guests. The city council may, however, further limit the number of lodging rooms allowed to maintain the character of the neighborhood in which the bed and breakfast facility is located.

(6)

The use of a facility under this subsection shall be subject to the provisions of section 46-133 of this article.

(Code 1987, app. A, § 26(d); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011; Ord. No. 9421, § 2, 3-5-2018)

The following standards shall apply to cemeteries, crematories and mausoleums:

(1)

Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion.

(2)

Landscape buffer. A landscape buffer shall be provided along all property lines abutting any R-1, R-2, R-3 or MP zoned property, pursuant to article V of this chapter.

(Code 1987, app. A, § 26(e); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Editor's note— Ord. No. 9504, § 2, adopted March 18, 2019, repealed former § 46-126 in its entirety which pertained to communication towers and derived from Code 1987, app. A, § 26(f); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011.

The following standards shall apply to all compost facilities:

(1)

Landscape buffer. Compost facilities shall have a landscape buffer around its perimeter, pursuant to article V of this chapter. The decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.

(2)

Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one vehicle entrance shall be allowed for each 660 feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The zoning administrator may require a traffic report to be submitted with the conditional use permit application.

(3)

Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site.

(4)

Setbacks. Structures shall be set back at least 100 feet from all lot lines and at least 300 feet from the lot line of any property zoned R-1, R-2, R-3 or M-P.

(5)

Hours of operation. Uses shall not operate before sunrise or after sunset. When located within 1,000 feet of an R-1, R-2, R-3, or MP zoning district the use shall not operate after 7:00 p.m. or before 8:00 a.m.

(6)

Paving. All roads, driveways, parking lots and loading/unloading areas within 500 feet of any lot line shall be graded and improved with all-weather material.

(7)

Stormwater management. A stormwater management plan may be required at the discretion of the city engineer.

(8)

Litter control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition.

(9)

Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.

(10)

Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of the compost facility. Only yard/garden wastes are allowed as compost material.

(11)

Other regulations. All operations shall be licensed if required, have proper permits from the state department of natural resources and shall meet all city, county, state and federal health requirements pertaining to facilities, equipment and other features.

(Code 1987, app. A, § 26(g); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Concentrated feeding operations shall not be permitted.

(Code 1987, app. A, § 26(b); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

At least 70 square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.

(Code 1987, app. A, § 26(h); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

(a)

Day care, limited. Limited day care uses shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and shall be subject to the home occupation provisions of section 46-134 of this article. The use of a dwelling under this subsection shall also be subject to the provisions of section 46-133 of this article.

(b)

Day care, commercial.

(1)

State licensing: Commercial day care uses shall be licensed by the state and shall meet all city, county and state health department requirements pertaining to facilities, equipment, and other features.

(2)

Vehicle drop-off area: An off-street loading zone capable of holding one car per ten individuals cared for shall be provided, in addition to the required parking area, to provide for easy pickup and discharge of passengers.

(Code 1987, app. A, § 26(i); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011; Ord. No. 9421, § 3, 3-5-2018)

(a)

Location of restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.

(b)

Location of recreation facilities. Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least 25 feet the property line of any R-1 or R-2 zoning district.

(Code 1987, app. A, § 26(j); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Greenhouse and nursery uses shall be subject to the following standards:

(1)

Outdoor display and storage of nursery stock, landscaping decorations. Outdoor display and storage of nursery stock, accessory landscaping decorations or any associated merchandise shall be in accordance with the following standards:

a.

Types of material permitted. Only materials that are for sale and consistent with the overall principal retail function of the business shall be permitted.

b.

Setback. Outdoor display and storage areas shall comply with all setback requirements.

c.

Height. Displayed and stored materials shall not exceed 15 feet in height.

d.

Location. Outdoor displays and storage shall be located so that pedestrian ways are not blocked or materially impeded. Displays shall not be located on public sidewalks or streets. No displays shall be located within ten feet of a street line.

e.

Appearance. Outdoor displays shall have a neat and orderly appearance.

(2)

Storage of mechanical equipment, other functional items. Storage of mechanical equipment, trailers, pallets, pots and other functional items associated with the business, but not for retail shall be in accordance with the following standards:

a.

Location. Items shall be located so that pedestrian ways are not blocked or materially impeded. Items shall be stored either in a structure or in a location which has limited visibility from adjoining lots and public rights-of-way.

b.

Appearance. All items shall have a neat and orderly appearance.

(Code 1987, app. A, § 26(z); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Group homes, bed and breakfast facilities and day care dwellings shall be subject to the following standards only when located in an N-1, R-1, R-2, R-3 or M-P districts.

(1)

Spacings. A group home to be located within a residential zoning district shall not be located within 500 feet of another group home. A bed and breakfast facility to be located within a residential zoning district shall not be located within 500 feet of another bed and breakfast facility. A day care dwelling to be located within a residential zoning district shall not be located within 500 feet of another day care dwelling. Five hundred feet shall be measured as the shortest distance between any portion of the structure housing a group home, bed and breakfast or day care.

(2)

Exterior appearance. There shall be no alteration of the exterior of a group home, bed and breakfast facility or day care dwelling that shall change the character thereof as a single-family residence. There shall be no alteration of the property on which the group home, bed and breakfast facility or day care dwelling is located that will change the character thereof as property within a single-family district.

(3)

Neighborhood character. A group home, bed and breakfast facility or day care dwelling constructed in an N-1, R-1 or R-2 district shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.

(Code 1987, app. A, § 26(k); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011; Ord. No. 9421, § 1, 4, 3-5-2018)

Editor's note— Ord. No. 9421, § 4, adopted March 5, 2018, states "persons who on the date of passage of this ordinance are operating a group home, bed and breakfast facility or day care dwelling within 500 feet of another group home, bed and breakfast facility or day care dwelling are exempted from that requirement of this legislation so long as the group home, bed and breakfast facility or day care dwelling is not relocated."

(a)

Generally. Home occupations shall be permitted in all districts permitting dwellings, subject to the following:

(1)

The home occupation shall be incidental and subordinate to the principal residential use of the premises and, in other than home day care, not more than 25 percent of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation or not more than 50 percent of the detached structure and not to interfere with the required parking area.

(2)

All materials or equipment used in the home occupation shall be stored within an enclosed structure.

(3)

No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.

(4)

No sign shall exceed four square feet, shall not be illuminated and shall be placed flat against the main façade of the principal residential structure.

(5)

No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence, and not more than one full-time equivalent, non-resident employee.

(6)

No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference.

(7)

No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood.

(b)

Specific home occupations restrictions. Customary home occupations include, but are not limited to, certain occupations that do not depend upon on-site commerce, and include the following list of occupations; provided, however, that each listed occupation is subject to general home occupation and district regulations:

(1)

Art, dancing, and music schools; however, instruction is limited to five pupils at one time.

(2)

Barber shops and beauty parlors, but not more than two chairs per residence.

(3)

Ministers, rabbis, priests and other religious leaders.

(4)

Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers, and similar professions.

(5)

Offices for realtors, insurance agents, brokers, sales representatives, and manufacturing representatives when no exchange of tangible goods is made on the premises.

(6)

Watch, clock, and jewelry repair services.

(7)

Radio, television, phonograph, recorder, and small appliance repair services.

(8)

Music teachers; however, instruction shall be limited to five pupils at a time.

(9)

General day care uses and limited day care uses subject to the provisions of section 46-130.

(10)

Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.

(11)

Tailoring, alterations, and seamstresses.

(12)

Tool sharpening and filing.

(13)

Services not dependent on client visits to the site, such as computer-assisted services and graphic design.

(14)

Day care, limited, which shall be exempt from floor area use restrictions.

(c)

Prohibited home occupations. Permitted home occupations shall not in any event include the following:

(1)

Antiques; retail.

(2)

Funeral services.

(3)

Groceries; retail.

(4)

Second-hand merchandise; retail.

(5)

Equipment rental.

(6)

Automobile and other motor vehicle repair services.

(7)

Physicians.

(8)

Dentists.

(9)

Chiropractors.

(10)

Restaurants.

(11)

Stables or kennels.

(12)

Tourist home.

(13)

Renting of trailers or equipment.

(Code 1987, app. A, § 26(l); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion.

(Code 1987, app. A, § 26(m); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

A kennel shall harbor no more than 20 animals and be located no closer than 50 feet to another dwelling, including outside runs, and shall contain at least one fully enclosed shelter for each animal and provide an exercise area.

(Code 1987, app. A, § 26(n); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Landfills and mining and quarrying uses shall be subject to the following standards:

(1)

Minimum site area. A minimum site area of 35 acres shall be required.

(2)

Entrances. There shall be no more than one entranceway from a public street for each 660 feet of street frontage. A traffic study shall be required.

(3)

Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of an R-l, R-2, R-3, or MP zoned property.

(4)

Separation from residential. No digging or excavating shall occur within 100 feet of any lot line or within 300 feet of the lot line of an R-l, R-2, R-3, or MP zoned property.

(5)

Paving. All roads, driveways, parking lots and loading and unloading areas within 500 feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit adjoining lots and public roads nuisance caused by wind-borne dust.

(6)

Slopes. The slope of material in any excavation shall not exceed the normal angle of repose of 55 degrees, whichever is less.

(7)

Buffers and fences. When any open excavation will have a depth of ten feet or more and create a slope of more than 30 degrees, there shall be erected a fence of not less than six feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located 50 feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than 100 feet apart to be visible along the entire length of the fences. A buffer shall be provided around the site, pursuant to article V of this chapter.

(8)

Stormwater management. A stormwater management plan shall be required.

(9)

Site restoration. The following restoration requirements shall apply to all excavation uses, however, landfills shall, instead, be subject to state and federal requirements:

a.

Restoration plan. Before approval of a conditional use permit for an excavation use, the operation shall submit to the zoning administrator a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.

b.

Approval. The restoration plans shall be filed with and approved by the planning and zoning commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.

c.

Bonds. Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the city council as to form, sufficiency and manner of execution, and shall run for the same term as the term of the conditional use permit and any renewals.

d.

Water quality. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water or soils through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere.

e.

Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan.

f.

Top soil and fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the planning and zoning commission. Fill shall be of a suitable material approved by the planning and zoning commission.

(10)

City, county, state and federal standards. All operations shall be licensed if required, have proper permits from the state department of natural resources and shall meet all city, county and federal health department requirements pertaining to facilities, equipment and other features.

(Code 1987, app. A, § 26(o); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

(a)

Age restriction. Manufactured homes will not be allowed to be brought into a mobile home park where the unit exceed ten years of age. The age of the unit is determined by verification of the manufacturer's seal and date of the unit's construction.

(b)

Residential design dwellings. The following standards shall apply to all manufactured home residential-design dwellings:

(1)

The manufactured home shall have minimum dimensions of 22 feet in width and 40 feet in length;

(2)

The pitch of the roof of the manufactured home shall have a minimum vertical rise of four feet for each 12 feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction in the city;

(3)

All roof structures shall provide an eave projection of no less than 12 inches, exclusive of any guttering;

(4)

The exterior siding shall consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low luster white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city;

(5)

The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in Manufactured Home Installations, 1987 (NCS BCS A225.1), as required of the city, and a continuous, permanent masonry foundation or masonry curtain wall, or poured concrete wall, unpierced except for required ventilation and access, is installed under the perimeter of the residential-design manufactured home;

(6)

Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and

(7)

A manufactured home residential-design, when installed, shall have substantially the same appearance of an on-site, conventionally built, single-family dwelling.

(Code 1987, app. A, §§ 26(p), (bb); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least 200 feet from any adjacent R-1, R-2, R-3 or MP zoning district.

(Code 1987, app. A, § 26(r); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Private storage buildings are allowed in all residential zones as an accessory to the primary residential structure. A private storage building shall be permitted as a primary use in an R-2 or R-3 district where they adjoin a commercial or industrial property or zone. As a primary structure in the R-2 or R-3 district, there can be no outside storage around the structure and no business may be conducted in these structures. Shipping containers are prohibited as private storage buildings in residential districts.

(Code 1987, app. A, § 26(aa); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011; Ord. No. 9722, § 1, 8-15-2022)

Recreational vehicle parks shall be permitted subject to the following conditions:

(1)

The site selected for recreational vehicle parks shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road that it has frontage on. Short-term occupancy shall not exceed 30 days, except as approved by the zoning administrator.

(2)

Minimum tract size shall be two acres and shall be in one ownership.

(3)

The maximum number of recreational vehicle spaces allowed within the permitted districts shall not be more than 20 per acre. Consideration shall be given to whether the recreational vehicle park and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type recreational vehicle park located at or near a scenic historical or outdoor recreational area provides for longer and extended stays of several days or weeks.

(4)

Minimum width of a recreational vehicle space shall be 25 feet. The space shall be so designed to provide space for parking both a travel trailer and towing vehicle off the roadway. No travel trailer unit shall be closer than ten feet to any other adjacent unit, structure or roadway, and all spaces shall have direct access to the roadway. No unit shall be placed closer than 30 feet to any of the development property lines, and the ten feet nearest the property line shall be permanently maintained as a sodded or landscaped area.

(5)

A central office or convenience establishment with an attendant shall be provided within the recreational vehicle park to register guests and provide service and supervision to the camp for camps in excess of five acres.

(6)

The applicant for a recreational vehicle park shall submit a development plan to the planning and zoning commission for approval. Such plan shall contain the information as required below and any other information the board reasonably shall deem necessary to fully evaluate the proposed development. The applicant shall submit the information on a sheet size not to exceed 24 inches by 36 inches dimensions as a proposed development plan showing:

a.

General layout of development with dimensions, depths, number of spaces and related sanitation accommodations.

b.

Parking area location, sizes and capacity.

c.

Ingress and egress points for the project.

d.

Use of structures.

e.

General layout of typical recreational vehicle space showing size of space and proposed improvements.

f.

Layout of roadway within the camp.

g.

Net density of proposed project, expressed in terms of units per acre.

h.

General landscaping plan indicating all new and retained plant material to be incorporated within the new development and layout of outdoor lighting system.

i.

Plan and method of sewage disposal and water supply.

j.

Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas.

k.

The development shall provide a general refuse storage area that shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

(7)

The recreational vehicle parks shall be planned and constructed in accordance with the minimum standards as established in this section and as outlined below:

a.

All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material.

b.

All camps shall be provided with general outdoor lighting with a minimum of 0.3-footcandles of general illumination.

c.

All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded or landscaped and shall be maintained.

(Code 1987, app. A, § 26(s); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards:

(1)

Separation from residential. No salvage yard shall be located within 300 feet of an R-1, R-2, R-3 or MP zoning district.

(2)

Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded by a fence or wall at least six feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to ensure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. Scrap, junk or other salvaged materials shall be piled or stored so that they are not visible from outside the fenced in area and do not exceed the height of the enclosing fence or wall.

(3)

Loading/unloading. No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.

(Code 1987, app. A, § 26(u); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

The following standards shall apply to solid waste collection/processing facilities:

(1)

Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded by a fence or wall at least eight feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insurance maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may be piled so as to exceed the height of this enclosing fence or wall.

(2)

Traffic circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.

a.

Storage bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened as part of the operation.

b.

Loading/unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition.

c.

Separation for residential. No structures shall be located within 300 feet of a R-1, R-2, R-3 or MP zoned property.

d.

Hours of operation. Uses shall not operate before sunrise or after sunset if located within 1,000 feet of an R-1, R-2, R-3 or MP zoned property.

e.

Paving. All roads, driveways, parking lots and loading/unloading areas within 500 feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.

f.

Stormwater management. A stormwater management plan may be required at the discretion of the city engineer.

g.

Other regulations. All operations shall be licensed if required, have proper permits from the state department of natural resources and shall meet all city, county, state and federal health department requirements pertaining to facilities, equipment and other features.

h.

Time limit and renewal of conditional use permit. The conditional use permit shall be effective for one year at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the conditional use permit shall be established at the public hearing. The conditional use permit shall be revoked by the zoning administrator if it is determined by the zoning administrator that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.

(Code 1987, app. A, § 26(v); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Transitional living centers shall be subject to the following standards:

(1)

Size. No more than ten persons, including staff, shall reside in the center at one time.

(2)

Separation. No transitional living center shall be located within 1,500 feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within 300 feet of any religious assembly, school R-1, R-2, MP zoned property.

(Code 1987, app. A, § 26(x); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

All vehicles and equipment for display to customers shall be parked or stored on a hard surface and dust free. Storage areas for vehicles and equipment shall be fenced and screened from customers and pedestrians.

(Code 1987, app. A, § 26(y); Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001; Ord. No. 7465, § 2, 5-1-2002; Ord. No. 8087, § 2, 5-24-2007; Ord. No. 8109, § 2, 7-16-2007; Ord. No. 8641, § 1, 9-19-2011)

Marijuana dispensary facilities are to be no closer than 100 feet to a public park, church, school, or licensed daycare facility unless the city council consents in writing to a lesser distance. Marijuana dispensary locations must take necessary precautions to limit the detection of odor related to the cannabis plants and products beyond the boundary of private property. No odors shall be detected within the public way by a person with a normal sense of smell.

(Ord. No. 9505, § 3, 3-18-2019; Ord. No. 9621, § 3, 9-8-2020)

Editor's note— Ord. No. 9616, § 3, adopted August 17, 2020, added provisions to the Code designated as § 46-146. Inasmuch as there were already provisions so designated, Ord. No. 9632, § 1, adopted October 5, 2020, redesignated said provisions as § 46-153, as set out therein.

Cannabis facilities are permitted in the appropriate zones so long as the owner of property has obtained the necessary state certification for growing, processing, or sales of cannabis related products through the State of Missouri Department of Health and Senior Services.

(1)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a cannabis facility unless it is the residence of the currently certified card holder through the State of Missouri Department of Health and Senior Services.

(2)

Display of licenses required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.

(3)

Ventilation required. All cannabis facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business and place of home cultivation. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility or place of home cultivation is located.

(4)

Site plan review required. A site plan shall be submitted for review and approval by the City of Moberly for all non-residential cannabis facilities. The site plan shall include a description of the ventilation system to be used to contain odors within the building. The site plan shall also show distances between the nearest school, childcare center, or church to the cannabis facility.

(Ord. No. 9621, § 4, 9-8-2020)

(a)

Ground floor dwellings shall be located in a vertical mixed-use structure on the ground level. Such dwelling units shall not have direct internal access to a non-residential use within the structure. For dwelling units which are accessory to or have direct internal access to a non-residential use, see work/live unit.

(b)

Ground floor dwelling units shall be provided access from the rear of the building. Direct access shall not be provided from or through the front building façade, unless it is tied in to an existing doorway that is separate from the primary commercial access.

(c)

Ground floor dwellings units that are not work/live units and are provided access by a rear non-façade.

(Ord. No. 9620, § 5, 9-8-2020)

(a)

Non-ground floor dwellings shall be located in a vertical mixed-use structure, either above ground level or below ground level. Such dwelling units shall not have direct internal access to a non-residential use within the structure. For dwelling units which are accessory to or have direct internal access to a non-residential use, see work/live unit.

(b)

Non-ground floor dwelling units are commonly considered to be apartments, lofts, or condominiums located above or below a non residential use within the same structure. Non-ground floor dwelling units are distinguished from multi-dwelling units or multi-dwelling structures, as defined in section 46-151, on the basis that multi-dwelling structures must contain at least three dwelling units. Structures containing non-ground floor dwelling units may contain more or less dwelling units based on density, dimensional and parking standards of the particular zoning district in which they are proposed.

(c)

Maintain existing building façades as defined in the adopted historic downtown design guidelines.

(Ord. No. 9620, § 6, 9-8-2020)

(a)

A vertical mixed-use multi-dwelling structure, ground floor dwelling units, non-ground floor dwelling units and work/live units shall be permitted in the Central Business District (B-2) District, provided that the residential units are constructed as part of a vertical mixed-use building when at least 50 percent of the ground floor is used as commercial space and the building retains the commercial façade based on the historic design guidelines of the district.

(b)

A vertical mixed-use multi-dwelling structure, non-ground floor dwelling units shall require a conditional use in the General Commercial (B-3) District provided that the residential units are not on the ground floor and the store front façade is commercially designed.

(Ord. No. 9620, § 7, 9-8-2020)

(a)

Work/live units are distinguished from home occupations in that in the case of home occupations, the business or commercial use is accessory to the residential use. In the case of work/live units, the residential use is accessory to the business or commercial use. Work/live units are permitted in the Central Business District (B-2) Zoning District to:

(1)

Provide for the appropriate development of units that incorporate both living and working spaces;

(2)

Encourage the development of new business by allowing a business owner/operator to live in the same building/location;

(3)

Provide opportunities for people to live in mixed-use areas;

(4)

Ensure that the exterior design of work/live buildings are compatible with the exterior design of commercial and residential buildings in the district/area; and

(5)

Maintain existing building façades as defined in the adopted historic downtown guidelines.

(Ord. No. 9620, § 8, 9-8-2020)

Temporary living shelters include both homeless shelters and warming shelters and each shall be subject to the following standards:

(1)

Temporary living shelters require a conditional use permit in accordance with the procedure of article IX Conditional Use Permits, section [46-335] through 46-339 and the additional standards stated herein.

(2)

Warming shelters are limited to operating (providing services) between November 1 and April 30 and may only be open for clients when the predicted local forecast temperature (including wind chill) would be at or below 32 degrees.

(3)

Homeless shelters can be in operation year around, however clients are limited to a maximum stay of 30 days in any six-month period.

(4)

Compliance with applicable federal, state and local uniform housing and building code requirements.

(5)

No temporary living shelter shall be located within 500 feet of any other temporary living shelter, or substance abuse treatment facility of transitional living facility.

(6)

At least once, every year, the permit holder (operator) shall present a report to the city council about operations and the council shall review the conditional use permit for compliance with the original conditions of approval and use standards.

(7)

No more than 20 persons, including staff, shall receive temporary, overnight, accommodations in a shelter at any given time.

(8)

A minimum of one toilet per ten beds shall be provided.

(9)

Staff shall be provided as required in the approved management and operational plan provided for in subsection (15) below.

(10)

The shelter shall have available at all times first aid equipment and supplies for medical emergencies.

(11)

One staff person shall be on duty at all times who is trained in emergency first aid procedures.

(12)

One staff person shall be on duty at all times who is trained in non-violent crisis intervention techniques and referral procedures to relevant community resources.

(13)

All uses and activities conducted outdoors shall be included on the site plan and submitted in conjunction with the management and operational plan.

(14)

All applicants and permit holders shall provide general liability, abuse and professional liability insurance coverage. Certificates of insurance must be provided to the city before conditional use permits or certificates of occupancy will be issued.

(15)

The applicant and permit holder shall create a management and operational plan (the "plan") for submission with each application. The plan shall become binding upon approval of the conditional use permit and the site design plan provided for herein. The plan shall, at a minimum, address the following by either written narrative or depiction in drawings or plans:

a.

Narrative description of the nature and characteristics of the uses and description of all services provided.

b.

Days and hours of operation.

c.

The shelter shall have written policies for intake of clients and criteria for admitting clients to the shelter.

d.

Narrative shall establish methods to prevent possession and use of alcohol and illegal drugs at the facility premises.

e.

The shelter shall maintain an attendance list which includes, at least, the name, sex, age and length of stay of each client staying in the shelter.

f.

The shelter shall report child and spousal abuse and endangerment as required by law.

g.

Drawing of an interior floor plan depicting sleeping areas, common areas, emergency exits and bathrooms.

h.

The shelter shall provide rules of conduct for clients which shall include a prohibition on the possession or use of alcohol and illegal drugs while in or on shelter property.

i.

The shelter shall provide on-site security during all hours of operation.

j.

The shelter shall provide secure areas for personal property of clients.

k.

The shelter shall establish a maintenance plan for regular building and site maintenance including a schedule for removal of litter and trash.

l.

Communications plan that establishes a process for regularly communicating with neighbors and law enforcement.

m.

The shelter shall establish an emergency response plan for the facility.

n.

The shelter shall maintain a daily log of unusual or significant incidents.

o.

The shelter shall establish adequate staffing levels based on the number of clients and the nature of the facility and the special needs of clients.

p.

The shelter shall provide information about the experience and training of all shelter staff.

(16)

Site design standards. A temporary living shelter facility site design shall incorporate design features that contribute to the livability and safety for clients, efficient use of space, ease of emergency access, and compatibility with nearby land uses. In furtherance of this purpose, the following design standards shall apply, to the extent practicable, to conditional use permits granted for temporary shelters:

a.

Building egress shall be clearly defined and visible from the public right-of-way or from an occupied area of the building such as administrative offices or staffed reception areas.

b.

Building egress, outdoor child and adult recreational areas and sidewalks shall be well-lit with pedestrian-scaled, low-glare lighting shielded downward.

c.

Outdoor child and adult recreational areas, if not clearly visible from the public right-of-way, shall be clearly visible from an occupied area of the building such as administrative offices or staffed reception areas.

d.

Parking areas shall be located adjacent to the building and shall be clearly visible from an occupied area of the building, such as administrative offices or staffed reception areas.

e.

The exterior of the building shall be designed to ensure that all outside areas surrounding the building are clearly visible either from the public right-of-way or through the use of design features such as windows or video surveillance.

f.

Landscaping shall be designed or maintained to not obstruct the view of sidewalks, parking areas or outdoor child/adult recreational areas.

g.

The design should contribute to minimize loitering in the vicinity of the shelter through careful site design, building design, or by providing site features or amenities on the property which attract guests to a specific location on the property.

(17)

There shall be only one warming shelter and one homeless shelter in operation at any one time. Therefore, applications for temporary living shelter facilities shall be granted on a first-come, first-serve basis.

(Ord. No. 9622, § 3, 9-8-2020)

(a)

A person operating a mobile food truck on private property shall be allowed subject to the following regulations:

(1)

Locate on an approved hard surface that is at least 100 feet from the front door of a lawfully established eating place unless the owner of the eating place provides a letter of consent, a copy of which shall be kept within the food truck.

(2)

Any auxiliary power required for the operation of the mobile food truck shall be self-contained or through a dedicated meter base not connected to any other structures. No use of public or private power or utility source is allowed without providing written consent from the owner and approved by the City of Moberly building inspector and power company.

(3)

All materials generated from a mobile food business that are to be disposed of shall be disposed of properly. It is illegal to discharge or dispose of any substance, material, food or waste into the storm drain system.

(4)

All grounds utilized by a mobile food truck shall always be maintained in a clean, safe and attractive manner. Trash and recycling containers shall be provided for use by the mobile food truck patrons. All trash or debris accumulating within 20 feet of any mobile operation shall be collected by the vendor and deposited into a trash container.

(5)

Mobile food trucks shall not be allowed to offer indoor seating to the public.

(6)

Water supply shall be self-contained in an approved tank according to the county health department. Mobile food trucks are required to have potable water and it shall be handled in a sanitary manner. No mobile food trucks shall be directly connected to the public water supply system.

(7)

Sewer disposal shall occur in an appropriate manner and shall not be directly connected to the public sewer system.

(8)

Toilet facilities shall be provided to the mobile food truck within 500 feet of the vehicle for the use by employees of the food truck. These facilities shall be connected to the public water and sewer system.

(9)

Trucks and trailers used in association with the business must be currently and properly licensed and current with the state department of motor vehicles.

(10)

Mobile food trucks must operate on private property except when approved to be located on public property as part of a larger event by the city council.

(11)

Operations are only allowed on private property upon written approval by the owner of the property. Written approval shall be kept in the food truck and available upon request.

(12)

Parking is only allowed on an approved hard surface and on property with an active primary business. Parking is not allowed on grass or other landscaped areas.

(13)

Parking of mobile food trucks overnight shall not be allowed for more than two nights in a 48-hour period.

(14)

Mobile food trucks shall be parked so that neither the food truck or customer vehicles block driveways or existing building uses, or in such a manner as to create a traffic hazard.

(15)

No mobile food trucks shall interfere with the internal parking lot circulation.

(16)

Mobile food trucks shall not occupy any handicap accessible parking spaces.

(17)

Mobile food trucks shall not use the public right-of-way unless permitted by ordinance or resolution.

(b)

Exceptions for mobile food vendors, such as ice cream trucks, shall be allowed to sell merchandise on the public right-of-way under the following circumstances:

(1)

The operator does not stop on the public right-of-way for a period longer than five minutes.

(2)

The operator does not impede the flow of traffic.

(3)

The operator complies with the municipal traffic ordinances contained in chapter 40.

(Ord. No. 9616, § 3, 8-17-2020; Ord. No. 9632, § 1, 10-5-2020)

Editor's note— Ord. No. 9616, § 3, adopted August 17, 2020, added provisions to the Code designated as § 46-146. Inasmuch as there were already provisions so designated, Ord. No. 9632, § 1, adopted October 5, 2020, redesignated said provisions as § 46-153, as set out herein.

All shipping containers shall meet the following minimum condition requirements and shall be inspected by the Moberly Code Enforcement Office and certified as meeting these requirements within 30 days of placement. Failure of the container to meet this certification will result in enforcement in accordance with the procedures established in Chapter 26 of the City Code of Ordinances as a nuisance.

(1)

No container shall bear any sign, label, logo or other advertising or identification without such being approved and permitted in accordance with the Moberly sign code.

(2)

All containers shall be painted or otherwise decorated in a manner and form consistent with the architectural character of the adjoining building faces and surrounding neighborhood.

(3)

All containers shall be securable and always dept secure.

(4)

All containers shall be kept structurally sound, free of graffiti, posters, bills, accumulated solid waste, or other blighting or deteriorating impacts.

(5)

Temporary storage containers (Conex) for the use as construction related storage shall be allowed in conjunction with a building permit approved on the same parcel of land.

(6)

Shipping containers shall be prohibited as storage buildings in all residential neighborhoods unless approved as a construction related project in accordance with the International Building Codes and approved and permitted through the Office of Building Inspectors in Moberly (example: such as a tiny home).

(Ord. No. 9753, § 2, 4-17-2023)

Short term rental housing shall be allowed in any N-1, R-1, R-2, R-3, M-P and B-2 zoning district. The following requirements shall apply to all short-term rental housing facilities:

(1)

The facility is located in an approved zoning district, furnished for residential use and is rented to the public for less than 30 continuous days.

(2)

The facility shall collect and remit the lodging tax required under sections 12-215, 12-218 and 12-226 of this Code.

(3)

The facility shall apply for and hold a Moberly City Business License.

(4)

The facility shall apply for and hold a Moberly City Lodging Permit.

(5)

The facility shall provide the city collector with an annual lodging tax report on forms provided by the collect for that purpose.

(6)

The director of community development shall adopt additional requirements, rules and regulations for the issuance of business licenses and lodging permits as are consistent with the purposes of this section.

(Ord. No. 9839, § 3, 8-19-2024)

Editor's note— Ord. No. 9839, § 3, adopted August 19, 2024, amended the Code by adding provisions designated as § 46-154. Inasmuch as there were already provisions so designated, and at the discretion of the editor, the provisions have been redesignated as § 46-155.