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 zoning ordinance.

(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 XI. 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 zoning ordinance.

(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 zoning ordinance.

(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 article 3.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

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 zoning ordinance.

(b)

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

(1)

Fences and walls;

(2)

For lots of 10,000 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;

(3)

For lots, greater than 10,000 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;

(4)

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

(5)

Gates; Shall not open onto any portion of and street.

(6)

Guest house or guest rooms that are detached shall not be allowed.

(7)

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

(8)

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;

(9)

Radio and television receiving antennas and support structures;

(10)

Recreational and play facilities for residents;

(11)

Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, 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;

(12)

Storm shelters and fallout shelters;

(13)

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;

(14)

Swimming pools subject to a setback of no less than four feet from a protective fence no less than four feet in height and no taller 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 C-3 or C-4 district;

(4)

Fences and walls;

(5)

Gates and guard houses;

(6)

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

(7)

Parking garages and off-street parking areas;

(8)

Radio and television receiving antennas and support structures;

(9)

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

(10)

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

(11)

Recycling collection stations, subject to the provisions of subsection 26(a)(4)(e) of this article;

(12)

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

(13)

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

(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-1, R-2, R-3, R-4, C-2, or C-4.

(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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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 chapter, 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 A-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 one week. 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 or commercial district providing that such use shall not exceed two consecutive days in duration, nor occur more than three times during a 12-month period at one residence or storage building, 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.

(8)

Fireworks sales are allowed in approved areas after inspection of by the fire department and all permits are approved. Approved areas are subject to State Law and Fire Chiefs guidelines.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Multifamily. Multifamily land uses are allowed in the C-3 and C-4 district provided they are located on or above the second floor of a commercial building. 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 XII.

(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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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-1, R-2, R-3 or R-4. 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Bed and breakfast facilities shall be allowed in any residential zoning district R-2, R-3, R-4 C-1, C-2 C-3 or C-4 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 unless approved by the planning commission.

(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)

Signage for all bed and breakfast must be aesthetically pleasing and no larger eight square feet in size. All signs must be approved by the building inspector.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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 R-4 zoned property, pursuant to article VIII.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Communication towers shall be subject to the following standards as approved by the conditional use permit issued by the planning and zoning commissions.

(1)

Principal use: Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.

(2)

Setbacks:

a.

The minimum setback between communication towers and all property lines shall be equal to 20 percent of the height of the tower.

b.

Communication towers shall be setback a minimum of 50 feet from any existing or planned right-of-way. If a monolithic pole is used the setback shall be determined by the conditional use permit.

c.

Communication towers shall be set back a minimum of 50 feet from the lot line of any A-1, R-1, R-2, R-3, R-4, C-1, C-2, or C-3 zoning district. If a tower is in excess of 100 feet tall, one foot of additional setback shall be required for each two feet of additional height.

d.

Peripheral supports and guy anchors for communication towers shall be approved with a conditional use permit issued by the planning commission.

(3)

Height: The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, however, the setback standards of this section are complied with.

(4)

Security fences and walls: A fence or wall not less than six feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.

a.

Access to the tower shall be through a locked gate in the required fence or wall.

b.

If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one tree and one shrub shall be required for each 30 linear feet of fence or wall line.

c.

If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in a tower, signs located every 20 feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER".

(5)

Airport approach paths: Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

(6)

Removal of obsolete and unused towers: All obsolete or unused communication towers shall be removed within 12 months of cessation of use.

(7)

Electromagnetic radiation: Communication towers shall comply with all applicable Federal Communication Commission (FCC) standards for non-ionizing electromagnetic radiation (NER).

(8)

The requirement in these standards shall be amortized in over a seven-year period.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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 VIII. 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 in that area.

(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 R-4 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)

Storm water management: A storm water management plan shall be required.

(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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Concentrated feeding operations shall not be permitted.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(1)

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 40-97 of this article, and licensed through the State.

(2)

Day care, commercial:

a.

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

b.

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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(1)

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

(2)

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, R-2, R-3 or R-4 zoning district.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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

(1)

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, 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Group homes shall be subject to approval of the planning and zoning commission.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

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

a.

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.

b.

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

c.

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

d.

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

e.

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.

f.

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

g.

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:

a.

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

b.

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

c.

Ministers, rabbis, priests and other religious leaders.

d.

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

e.

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

f.

Watch, clock, and jewelry repair services.

g.

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

h.

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

i.

General day care uses and limited day care uses subject to the provisions of subsection (i) of this article.

j.

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

k.

Tailoring, alterations, and seamstresses.

l.

Tool sharpening and filing.

m.

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

n.

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:

a.

Antiques—Retail.

b.

Funeral services.

c.

Groceries—Retail.

d.

Second-hand merchandise—Retail.

e.

Equipment rental.

f.

Automobile and other motor vehicle repair services.

g.

Physicians.

h.

Dentists.

i.

Chiropractors.

j.

Restaurants.

k.

Stables or kennels.

l.

Tourist home.

m.

Renting of trailers or equipment.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

A kennel shall not be located within the city limits.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Landfills and mining and quarrying uses shall not be allowed within the city limits unless approved by a conditional use permit and 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-1, R-2, R-3, or R-4 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-1, R-2, R-3, or R-4 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 the 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 VIII.

(8)

Storm water management: A storm water 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Age restriction. Manufactured homes will not be allowed to be brought into a mobile home park where the unit exceeds 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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 R-4 zoning district.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Private storage buildings are allowed in all residential zones as an accessory to the primary residential structure.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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" x 36" 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 or areas 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-foot candles 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.

(8)

Storm Shelters - All RV Parks shall supply adequate storm shelters for the park. Storm shelters shall be designed for three people per RV spot.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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, R-4, C-1, C-2, C-3, or C-4 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 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 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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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 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 1,000 feet of a R-1, R-2, R-3 or R-4 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 R-4 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.

Storm water management: A storm water management plan shall be required.

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.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

Transitional living centers shall be subject to the following standards and approved by the planning and zoning commission:

(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, R-3 or R-4 zoned property.

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

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

(Ord. No. 2020-1, §§ 40-1—40-380, 2-11-2020)

(a)

Medical marijuana dispensaries.

(b)

Recreational and medical cultivation facility, recreational and medical marijuana-infused products manufacturing facility.

(Ord. No. 2023-14, §§ 2, 3, 9-12-2023)

No building shall be constructed, altered or used for a recreational or medical marijuana dispensary without complying with the following regulations in this subchapter:

(a)

No recreational or medical marijuana dispensary shall be located within 600 feet of a then existing elementary or secondary school, child care center, public park or church.

(b)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a recreational or medical marijuana dispensary building.

(c)

Hours of operation. All sales or distribution of recreational or medical marijuana and any other products sold to the public through a recreational or medical marijuana dispensary shall take place between the hours of 8:00 a.m. and 10:00 p.m., Monday—Sunday. Recreational and medical marijuana dispensaries shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the medical marijuana dispensary may be present in such a facility at any time it is closed to the public.

(d)

Display of license required. The recreational and/or medical marijuana dispensary license issued by the State of Missouri and the City of Mountain Grove license shall be prominently displayed in a highly visible location, easily seen by patients on the dispensary's sales floor.

(e)

Zoning limitations. Recreational or medical marijuana dispensaries shall be in any commercial business district located in the City of Mountain Grove, except for the distance restrictions set forth herein.

(f)

Site plan review. Any plans for a recreational or medical marijuana dispensary shall meet the standard new construction requirements of all general business and commercial district construction outlined in the title and approved subject to the standard procedures of the City of Mountain Grove Code of Ordinances and Zoning Regulations.

(Ord. No. 2023-14, § 4, 9-12-2023)

No building shall be constructed, altered or used for a recreational or medical marijuana-infused products manufacturing facility without complying with the following regulations:

(1)

Distance requirement. No recreational or medical marijuana-infused products manufacturing facility using any combustible gasses or CO2 in the extraction process shall be located within 600 feet of a then existing elementary or secondary school, licensed child day-care center, public park or church.

(2)

Outdoor operations and storage. All operations and all storage of materials, products, or equipment shall be within a fully secure area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten feet in height, not including the razor wire.

(3)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any recreational or medical marijuana-infused products manufacturing facility.

(4)

Hours of operation. All recreational and medical marijuana-infused products manufacturing facilities shall be closed to the public between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitors pass.

(5)

Display of licenses required. The recreational and medical marijuana-infused products manufacturing facility license issued by the State of Missouri and the City of Mountain Grove shall be displayed in a prominent place in plain view near the front desk of the facility.

(6)

Site plan review required. Any plans for a recreational or medical marijuana-infused products facility using combustible gasses or CO2 in an extraction process shall meet the standard new construction requirements of the "Light Industrial District" outlined in this title and approved subject to the standard procedures if the City of Mountain Grove Code for "Light Industrial Districts" or "Heavy Industrial Districts."

(Ord. No. 2023-14, § 5, 9-12-2023)

No building shall be constructed, altered or used for a recreational or medical marijuana cultivation facility without complying with the following regulations. Heavy industrial district or agricultural and cultivation district or the City Code of Mountain Grove, Missouri:

(a)

No recreational or medical marijuana cultivation facility shall be located within 600 of a then existing elementary or secondary school, child care center, public park or church. Measurements shall be in a method consistent with the city's existing liquor license measurement standard.

(b)

Outdoor operations and storage. All operations and all storage of materials, products, or equipment shall be within a fully secure area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten feet in height, not including the razor wire.

(c)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any recreational or medical marijuana cultivation facility.

(d)

Hours of operation. All recreational and medical marijuana cultivation facilities shall be closed to the public between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitors pass.

(e)

Display of licenses required. The recreational and medical marijuana cultivation facility license issued by the State of Missouri and the City of Mountain Grove shall be displayed in a prominent place in plain view near the front desk of the facility.

(f)

Site plan review required. Any plans for a recreational or medical marijuana cultivation facility shall meet the standard new construction requirements of the I-1, I-2 or A-1 districts outlined in this Code of the City of Mountain Grove.

(Ord. No. 2023-14, § 6, 9-12-2023)