The table of approved uses (see section 117-99) should be read in close conjunction with the definitions of terms set forth in section 101-2 and the other interpretative provisions set forth in this article.

(Prior Code, § 23-161)

Subject to section 117-92, when used in connection with a particular use in the table of approved uses (section 117-99), the letter "X" means that the use meets the requirements of the zoning district and is approved by being eligible for a building permit issued by the development department. The letter "S" means a special-use permit must be obtained from the city council.

(Prior Code, § 23-162)

(a)

Notwithstanding any other provisions of this article, whenever the table of approved uses (interpreted in the light of section 117-91 and the other provisions of this article) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permitted with an approved use permit, a special-use permit shall nevertheless be required if the city planner finds that the proposed use would have an extraordinary impact on neighboring properties or the general public.

(b)

In making this determination, the city planner shall consider, among other factors, whether:

(1)

The use is proposed for an undeveloped or previously developed lot;

(2)

Whether the proposed use constitutes a change from one principal use classification to another;

(3)

Whether the use proposed for a site that poses peculiar traffic or other hazards or difficulties; and

(4)

Whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are approved on the zoning district in question.

(c)

The special-use permit request must be heard and determined by the city council in a regularly scheduled meeting.

(Prior Code, § 23-163)

(a)

The presumption established by this chapter is that all legitimate uses of land are approved within at least one zoning district in the city limits. Therefore, because the list of approved uses set for in section 117-99 (table of approved uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)

Notwithstanding subsection (a) of this section, all uses that are not listed in section 117-90 (table of approved uses), even given the liberal interpretation mandated by subsection (a) of this section, are prohibited. Nor shall section 117-99 (table of approved uses) be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is approved in other zoning districts.

(c)

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

Stockyards, slaughterhouses, and rendering plants.

(3)

Use of a travel trailer as a temporary or permanent residence. (Situations that do not comply with this subdivision on the effective date of the ordinance from which this chapter is derived are required to conform within one year. See section 101-266.)

(4)

Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. (Situations that do not comply with this subdivision on the effective date of this chapter are required to conform within 90 days. See section 101-266.)

(Prior Code, § 23-164)

(a)

The table of approved uses (section 117-99) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use:

(1)

Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or

(2)

Is commonly associated with the principal use and integrally related to it then the former use may be regarded as accessory to the principal use and may be carried beneath the umbrella of the permit issued for the principal use.

(b)

For purposes of interpreting subsection (a) of this section:

(1)

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(c)

Without limiting the generality of subsections (a) and (b) of this section, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

(1)

Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.

(2)

Hobbies or recreational activities of a noncommercial nature.

(3)

The renting out of one or two rooms within a single-family residence (neither of which constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single-family dwelling.

(4)

Yard sales or garage sales, so long as such sales comply with the provisions of chapter 12, article IV of this Code.

(Prior Code, § 23-165; Ord. No. 2352, § 2, 4-22-2024)

(a)

A home occupation is that accessory use of a dwelling unit that shall constitute either entirely or partly the livelihood of a person living in the dwelling, subject to the following: No home occupation shall be permitted that:

(1)

Changes the outside appearance of the dwelling or is visible from the street;

(2)

Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood;

(3)

Creates a hazard to person or property, results in electrical interference or becomes a nuisance;

(4)

Results in outside storage or display of anything.

(b)

The following are permitted home occupations, provided they do not violate any of the provisions of subsection (a) of this section:

(1)

Dressmaking, sewing, and tailoring;

(2)

Painting, sculpturing or writing;

(3)

Telephone answering;

(4)

Home crafts, such as model making, rug weaving, lapidary work and cabinet making;

(5)

Tutoring, limited to four students at a time;

(6)

Home cooking and preserving;

(7)

Office uses, such as computer programming, telemarketing, desktop publishing;

(8)

Barbershops and beauty parlors with only one chair;

(c)

The following are prohibited as home occupations:

(1)

Barbershops and beauty parlors with more than one chair;

(2)

Animal hospitals;

(3)

Dancing studios;

(4)

Mortuaries;

(5)

Nursery schools;

(6)

Private clubs;

(7)

Repair shops;

(8)

Restaurants;

(9)

Stables or kennels;

(10)

Tourist homes;

(11)

Automobile repair or paint shops.

(d)

Any proposed home occupation that is neither specifically permitted or prohibited by subsection (b) or (c) of this section shall be considered a special-use and be granted or denied by the city council based upon considerations of those standards listed in subsection (a) of this section and issued in accordance with section 101-141.

(Prior Code, § 23-166)

Notwithstanding any other provisions of this chapter, no approved use permit, special-use permit, or preliminary plat approval is necessary for the following uses:

(1)

Streets.

(2)

Electric power, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or town) of the right-of-way.

(Prior Code, § 23-167)

(a)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

(1)

The change involves a change from one principal use category to another.

(2)

If the original use is a planned unit development, the relative proportion of space devoted to the individual principal uses that comprise the planned unit development use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a planned unit development use, the mixture of types of individual principal uses comprise the planned unit development use changes.

(4)

If the original use is a planned residential development, the relative proportions of different types of dwelling units change.

(5)

If there is only one business or enterprise conducted on the lot (regardless of whether that business consists of one individual use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business may be classified under the same principal use as the previous business).

(b)

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(Prior Code, § 23-168)

Whenever a development could fall within more than one use classification in the table of approved uses (section 117-99), the classification that most closely and most specifically describes the development controls.

(Prior Code, § 23-169)

(Prior Code, §§ 3-26, 3-47, 14-56, 23-171; Ord. No. 1085, 5-1999; Ord. No. 1258, 7-2003; Ord. No. 1591, 6-2009; Ord. No. 1722, 1-17-2012; Ord. 1982, § I, 2-26-2018; Ord. No. 2061, § II, 6-24-2019; Ord. No. 2288, § 1, 2, 11-28-2022; Ord. No. 2299, § 4, 3-8-2023; Ord. No. 2350, § 3, 3-25-2024; Ord. No. 2351, § 1, 3-25-2024; Ord. No. 2356, § 2, 5-28-2024; Ord. No. 2403, § 1, 7-22-2025)

(a)

It shall be the duty of the city planner to designate the building inspector to administer and enforce the regulations herein.

(b)

It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing or moving of any building or any portion thereof without first having applied in writing to the building supervisor for a building permit to do so and having been granted a building permit therefor.

(c)

Every application for a building permit shall be in writing and delivered to the city planner and shall be accompanied by a detailed set of plans, in triplicate, showing the 1475 size of the proposed building or structure, location of the building on the lot, the details and type of construction to be used, and any necessary stormwater drainage pipes (12-inch RCP or CMP minimum). Upon the issuance of a permit, two sets of plans shall be retained by the city planner for a permanent record and one set shall be returned to the applicant.

(d)

Agricultural buildings in AG zones are exempt from building permit procedures.

(e)

Blank forms shall be provided by the city planner for the use of those applying for permits as provided for in this article. Any permits issued by the city planner shall be on standard forms for such purpose and furnished by the city.

(f)

A careful record of all such applications, plans, and permits shall be kept in the development department.

(g)

The fee for application of a building permit shall be the amount forth in section 2-151 of this Code.

(h)

The issuance of a building permit by the city does not indicate approval of the plans, materials, construction type or methods by the city and does not create any warranty to the person to whom the permit is issued or to any third persons.

(Prior Code § 23-170; Ord. No. 2331, § 28, 10-23-2023)

(a)

No building shall be constructed, altered or used for a marijuana use without complying with the use regulations of this section.

(1)

No marijuana use shall be located within 200 feet of any existing school, day care, or church. For purposes of this provision, distance shall be determined as follows:

a.

In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structured closest in proximity to the school, daycare, or church to the closest point of the property line of the school, day care, or church.

b.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church.

c.

If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility.

d.

Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled.

(2)

Outdoor operations or storage prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.

(3)

Onsite usage prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises unless authorized by state law and necessary for the purposes of operating a marijuana testing facility or a marijuana-infused products manufacturing facility.

(4)

Display of licenses required. A current marijuana license issued by the state and city Business license shall be displayed in an open and conspicuous place on the premises.

(5)

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

(6)

The specific marijuana use must be a permitted use for the property as provided in section 117-99.

(b)

Definitions. Notwithstanding any other provisions of this Code to the contrary, for the purposes of this section, the following words, terms, and phrases shall have the meaning ascribed to them:

Church means a permanent building primarily and regularly used as a place of religious worship.

Day care means a child-care facility, as defined by RSMo 210.201, or successor provisions, which is licensed with the state.

School means an elementary or secondary school.

(c)

The intent of this section is to implement the provisions of Article XIV Section 1 and 2 of the Missouri Constitution. Therefore, the provisions of this section, and the applicable definitions contained in section 101-2 of this city Code, shall be interpreted, and enforced with reference to said Article.

(Ord. No. 2061, § III, 6-24-2019; Ord. No. 2299, § 3, 3-8-2023)

(a)

Purpose. The purpose of this section is to preserve and promote the health, safety, and general welfare of the public by promoting compatibility among land uses within the community through regulations intended to minimize the harmful or nuisance effects resulting from noise, location, traffic, and other objectionable activities associated with short-term residential rental uses.

(b)

Definitions. The terms set forth below shall be defined as follows for purposes of this section:

(1)

Short-term residential rental: The renting of an entire residential dwelling unit, or any portion thereof, for a period of not more than 30 consecutive days.

(2)

Primary residence rental: A short-term residential rental consisting of a residential dwelling unit which is the owner or lessor's domicile.

(3)

Non-primary residence rental: A short-term residential rental consisting of a residential dwelling unit which is not the owner or lessor's domicile.

(c)

Primary residence rental use standards. The operation of a primary residence rental use shall comply with the following use standards:

(1)

A business license shall be obtained prior to engaging in a primary residence rental use.

(d)

Non-primary residence rental use standards. The operation of a non-primary residence rental use shall comply with the following use standards:

(1)

No detached building or structure shall be used as a non-primary residence use.

(2)

A business license and use permit shall be obtained prior to engaging in a non-primary residence rental use.

(3)

Prior to the issuance of a business license and use permit, a certificate of occupancy shall be acquired.

(4)

Prior to the issuance of a certificate of occupancy, the non-primary residence rental use shall pass a rental inspection conducted pursuant to section 103-31 of this Code.

(Ord. No. 2074, § I, 8-26-2019; Ord. No. 2356, § 1, 5-28-2024)