Nixa City Zoning Code
ARTICLE VIII
SUPPLEMENTARY USE REGULATIONS
§ 117-311 Short-term emergency, construction, or repair residences.
[Prior Code, § 23-172]
(a)
Short-term residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.
(b)
Permits for short-term residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the city planner may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work not necessary to make such building habitable.
§ 117-312 Special events, seasonal, promotional and temporary uses.
[Prior Code, § 23-173]
(a)
In deciding whether a permit for a special event, seasonal or temporary use should be denied for any reason specified in section 101-135(d), or in deciding what additional conditions to impose under section 101-135(d), or in deciding what additional conditions to impose under section 101-143, the city council shall ensure that, (if the special event, seasonal or temporary use is conducted at all):
(1)
The hours of operation allowed shall be compatible with the uses adjacent to the activity.
(2)
The amount of noise generated shall not disrupt the activities of adjacent land uses.
(3)
The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city.
(4)
The city council shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.
(5)
Must have access to restroom facilities.
(b)
In cases where it is deemed necessary, the city council may require the applicant to post a bond to ensure compliance with the conditions of the preliminary plat approval.
(c)
If the permit applicant requests the city to provide extraordinary services or equipment or if the city administrator otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
§ 117-313 Temporary portable storage containers.
[Prior Code, § 23-174; Ord. No. 1573, 2-2009]
Notwithstanding any contrary provisions of this article, a temporary portable storage containers located outside of a fully enclosed building or structure is allowed within all of the city's residential, commercial and industrial zone districts subject to the following provisions:
(1)
Storage and or use of temporary portable storage containers within the city's commercial or industrial zone districts is a permitted use without limitation to the number of units or their duration; however, their placement and/or location on a commercial or industrial zoned property shall not occur within the front setback line of the principal structure.
(2)
A property owner may locate a temporary portable storage container on site within the residential zone districts of the city for a period of 30 days without obtaining a building permit, when the resident is moving from or to the city, or when making repairs to the residence that typically do not require a building permit, such as but not limited to replacing carpet, refinishing hardwood floors, painting, etc., or for making property damage restoration caused by flooding, fire or natural storm events. The city requests that the property owner notify the building inspection department when placing a temporary portable storage container on the property. Absent notification to the city, the property owner shall provide documentation of the temporary storage container's delivery date to the code official, which shall constitute the origination of the 30-day permitted time period.
(3)
A property owner wishing to place a temporary portable storage container on a residentially zoned lot when performing construction, remodeling or redevelopment of a permanent, on-site building that requires a building permit shall obtain a miscellaneous building permit from the city's building inspection department for the temporary portable storage. The building permit shall be prominently displayed either on the front exterior surfaces of the unit in a plastic liner or in the front window of the on-site principal structure.
(4)
When applying for a miscellaneous permit, the applicant shall submit a site drawing showing the location on the property where the temporary portable storage containers is to be located, the size of unit and the temporary portable storage container's distance from all applicable property lines and other buildings or structures;
(5)
The property must be occupied by a principal building. At no time shall a temporary portable storage containers be allowed on an undeveloped or vacant lot.
(6)
The maximum size of any temporary portable storage containers shall not exceed eight feet in width, eight feet in height and 16 feet in length.
(7)
No temporary portable storage containers shall be placed on the property in such a manner so as to encroach on property not owned by the permit applicant. It shall not be located on public right-of-way. It shall not cause visual obstruction to motor vehicle operations or to those individuals leaving the permit applicant's property entering public right-of-way.
(8)
Within residential zone districts, a temporary portable storage container shall be placed in a driveway or, if alley access exists, in the rear yard. Placement of a temporary portable storage container within the R-3 zone district shall be placed within an approved parking stall.
(9)
Only one temporary portable storage container is allowed on a lot at any given time for a period not to exceed 30 days. The city's chief building code official may permit more than one container and grant up to one extension of not more than an additional 30 days, provided the property owner has a valid permit for the temporary portable storage container and he can demonstrate that extenuating circumstances exist for the additional containers and extension.
(10)
No more than three permits may be issued within a 12-month period and a minimum of 20 days shall expire between the issuance of a permit for the same property.
(11)
A temporary portable storage container shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the storage unit.
(12)
The owner, operator and/or renter of the temporary portable storage container shall be responsible to ensure that the storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in active use, whether loaded or empty, the temporary portable storage container shall be kept locked. The owner, operator and/or renter of any on-site temporary portable storage container is strictly prohibited from storing any and all hazardous substances.
§ 117-345 Smoke.
[Prior Code, § 23-181]
(a)
All new uses in the CC, NC, O, GC, and HC zoning districts must produce only a nominal amount of smoke that is emitted into the atmosphere.
(b)
For the purpose of determining "nominal," the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used.
(c)
All measurements shall be taken at the point of emission of the smoke.
§ 117-346 Noise.
[Prior Code, § 23-182]
(a)
Except as provided in subsection (e) of this section, the table set forth in subsection (c) of this section establishes the maximum permissible noise levels for uses in the M-1 and M-2 districts. Measurements shall be taken at the boundary line of the lot where the use is located, and of the lot adjacent to the lot on which the manufacturing and industrial use as provided in section 117-99 is located.
(b)
The standards established in the table set forth in subsection (c) of this section are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at ten-second intervals.
(c)
Noise standards.
(1)
Maximum noise level. No operation or activity shall cause or create noise in excess of the sound levels prescribed below.
(2)
Method of measurement. For the purpose of measuring the intensity and frequency of sound, the sound level meter shall be employed. The flat network and the fast meter response of the sound level meter shall be used.
(3)
Exemptions:
a.
Noises not directly under the control of the property user;
b.
Noises emanating from temporary construction by the property user between 7:00 a.m. and 9:00 p.m.
c.
The noises of safety signals, warning devices, and emergency pressure relief valves;
d.
Transient noises of moving sources such as automobiles and trucks on public rights-of-way, airplanes, and railroad equipment on railroad rights-of-way.
(d)
Sound pressure level standards.
(1)
At residence district boundaries. At no point on or beyond the boundary of the nearest residence district shall the sound pressure level resulting from any use, operation, or activity exceed the following maximum permitted sound levels:
a.
In the M-1 district:
Octave Band Preferred Center Frequencies | Maximum Permitted Sound Pressure Level in Decibels | |
|---|---|---|
Cycles Per Second | 7:00 AM—9:00 PM | 9:00 PM—7:00 AM |
31.5 | 76 | 72 |
63 | 71 | 67 |
125 | 65 | 61 |
250 | 57 | 53 |
500 | 51 | 47 |
1,000 | 45 | 41 |
2,000 | 39 | 35 |
4,000 | 34 | 26 |
8,000 | 32 | 71 |
b.
In the M-2 district:
Octave Band Preferred Center Frequencies | Maximum Permitted Sound Pressure Level in Decibels | |
|---|---|---|
Cycles Per Second | 7:00 AM—9:00 PM | 9:00 PM—7:00 AM |
31.5 | 79 | 75 |
63 | 74 | 70 |
125 | 68 | 64 |
250 | 60 | 56 |
500 | 54 | 50 |
1,000 | 48 | 44 |
2,000 | 43 | 39 |
4,000 | 38 | 34 |
8,000 | 36 | 32 |
(2)
Along adjacent lot boundaries. At no point on or beyond the lot lines of an operation shall the sound pressure level resulting from any use, operation, or activity exceed the maximum permitted sound levels set:
a.
In the M-1 district:
Octave Band Preferred Center Frequencies | Maximum Permitted Sound Pressure Level in Decibels | |
|---|---|---|
Cycles Per Second | 7:00 AM—9:00 PM | 9:00 PM—7:00 AM |
31.5 | 79 | 76 |
63 | 74 | 74 |
125 | 68 | 68 |
250 | 64 | 60 |
500 | 58 | 53 |
1,000 | 52 | 47 |
2,000 | 47 | 41 |
4,000 | 43 | 36 |
8,000 | 40 | 32 |
b.
In the M-2 district:
Octave Band Preferred Center Frequencies | Maximum Permitted Sound Pressure Level in Decibels | |
|---|---|---|
Cycles Per Second | 7:00 AM—9:00 PM | 9:00 PM—7:00 AM |
31.5 | 86 | 82 |
63 | 81 | 77 |
125 | 75 | 71 |
250 | 67 | 63 |
500 | 60 | 56 |
1,000 | 54 | 50 |
2,000 | 49 | 45 |
4,000 | 44 | 40 |
8,000 | 41 | 37 |
(e)
Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in subsection (c) of this section, except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.
(f)
Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
§ 117-347 Vibration.
[Prior Code, § 23-183]
(a)
All new uses in the CC, NC, O, GC, and HC zoning districts must produce only a nominal amount of ground-transmitted vibrations.
(b)
The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(c)
Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
§ 117-348 Odors.
[Prior Code, § 23-184]
(a)
All new uses in the CC, NC, O, GC, and HC zoning districts must produce only a nominal amount of odor.
(b)
Odors are measured at two points:
(1)
The outside boundary of the immediate space occupied by the enterprise generating the odor; and
(2)
The lot line if the enterprise generating the odor is the only enterprise located on a lot.
§ 117-349 Air pollution.
[Prior Code, § 23-185]
Any VI classification use that emits any "air contaminant" as defined in RSMo 643.02 shall comply with applicable state standards concerning air pollution, as set forth in RSMo ch. 643.
§ 117-350 Disposal of liquid waste.
[Prior Code, § 23-186]
(a)
No IV classification use in any district may discharge any waste contrary to the provisions of RSMo 701.031.
(b)
No IV classification use in any district may discharge into the city sewage treatment facilities any waste that can not be adequately treated by biological means.
§ 117-351 Electrical disturbance or interference.
[Prior Code, § 23-187]
No person shall:
(1)
Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or
(2)
Otherwise causes, creates, or contribute to the interference with electronic signals, including television and radio broadcasting transmissions, to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
§ 117-352 Exterior lighting standards.
[Prior Code, § 23-188]
(a)
The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians and land uses in the proximity of the light source. With respect to motor vehicles in particular, safety considerations form the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public street lighting, signs or seasonal displays.
(b)
The following standards are required of all exterior lighting, subject to exemptions in subsection (c) of this section:
(1)
The light source or luminaries for all exterior lighting shall have a cutoff so that the bare light bulb, lamp or light source is completely shielded from the direct view of an observer at ground level at a property line adjacent to a public right-of-way or property zoned residential or, if a buffer yard is required, at the interior buffer yard line.
(2)
No flickering or flashing lights shall be permitted.
(3)
Light sources or luminaries shall not be located within buffer yard areas except on pedestrian walkways.
(c)
Exemptions.
(1)
Outdoor recreational uses. Because of their unique requirements for night time visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts shall be exempt from the exterior lighting standards of subsection (b) of this section. These outdoor recreational uses must meet all other requirements of this section and of this article.
(2)
Private outdoor lights. Private outdoor lights installed by a public utility on private property for security purposes are exempt from the exterior lighting standards of subsection (b) of this section, provided the installation is approved by all property owners of residential property from which the light source can be viewed directly.
(3)
In M-1 and M-2 districts. Due to unique lighting requirements for some industrial activities, exterior lighting, except for parking lot lighting, shall be exempt from the exterior lighting standards of subsection (b) of this section, provided that direct illumination from any light source does not cause illumination in excess of 0.5 lumens per square foot in any residential district.
(4)
Emergency warning lights. Safety signal and warning device lighting shall be exempt from the exterior lighting standards of subsection (b) of this section.
§ 117-360 Purpose.
[Ord. No. 2350, 3-25-2024]
The purpose of this division 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 potential harmful or nuisance effects resulting from noise, location, and other activities associated with mobile retail uses.
§ 117-361 Definitions.
[Ord. No. 2350, 3-25-2024]
Unless otherwise specifically provided herein or unless the context clearly indicates otherwise, the words and phrases defined in this section shall have the meaning indicated when used in this division.
LONG-TERM MOBILE RETAIL USE
Means a mobile retail use which operates in a single location for longer than 12 hours with written permission from the property owner.
MOBILE FOOD TRUCK
Means a motorized vehicle, which is validly licensed by the State of Missouri, or other state, that includes a self-contained kitchen or attached trailer kitchen in which food is prepared, processed, or stored, and such vehicle is used to sell or dispense food to the general public.
MOBILE FOOD TRUCK PARK
Means a parcel of land for which the primary purpose is to allow for multiple mobile food trucks to operate in designated locations.
MOBILE RETAIL ESTABLISHMENT
Means a motorized vehicle, which is validly licensed by the State of Missouri, or other state, that sells non-food items and services to the public, entirely within said vehicle.
MOBILE RETAIL USE
Means the operation of a mobile food truck, mobile food truck park, or a mobile retail establishment.
TEMPORARY MOBILE RETAIL USE
Means a mobile retail use which does not operate for longer than 12 hours in one fixed location.
§ 117-362 Mobile retail use permit required.
[Ord. No. 2350, 3-25-2024]
All mobile retail uses shall comply with the following requirements:
(1)
No mobile retail use shall operate within the boundaries of the City of Nixa without first obtaining a business license as required by chapter 12, article II of this Code.
(2)
No mobile retail use which includes the sale or provision of food or beverages shall operate within the boundaries of the City of Nixa without a current and valid permit from the local health department.
(3)
All city and county permits and inspections must be displayed at a prominent and publicly visible location for each mobile retail use.
(4)
No mobile retail use shall operate within the boundaries of the City of Nixa without first obtaining a use permit in conformance with the provisions of this division.
§ 117-363 Temporary mobile retail use requirements.
[Ord. No. 2350, 3-25-2024]
The operation of a temporary mobile retail use shall comply with the following use standards:
(1)
Temporary mobile retail uses are permitted uses only within the following zoning districts: HC (highway commercial), GC (general commercial), NC (neighborhood commercial), M1 (light industrial), M2 (heavy industrial), and designated common areas of residential zoning districts.
(2)
Temporary mobile retails use shall not be located on an individual lot for more than 12 hours during any 24-hour period. All vehicles, trailers, or other equipment which are part of the temporary mobile retail use shall not be left on the individual lot after this 12-hour period.
(3)
Temporary mobile retail uses shall only be permitted when the fee owner of the real property in which the use is to occur has provided written approval authorizing such use. Written approval must be displayed at the mobile retail use and made available upon request.
(4)
Any auxiliary power, such as electric generators, which are required for the operation of the temporary mobile retail use shall be self-contained. No use of public or private power sources shall be allowed without the prior written consent of the fee owner of the real property in which the use is to occur.
(5)
All materials generated from the temporary mobile retail use that are to be disposed of shall be disposed of properly. It shall be a violation of this division to discharge or dispose of any substance, material, food, or waste into the storm drain system.
(6)
Trash and recycling containers shall be provided for use by the temporary mobile retail use patrons. All trash or debris generated by the temporary mobile retail use or its patrons or any trash or debris accumulating within 20 feet of any temporary mobile retail use shall be collected by the temporary mobile retail use operator and deposited into an appropriate container.
(7)
One sign, no larger than 24 inches by 36 inches, shall be allowed in addition to those signs physically attached to the vehicle. Said sign shall not be placed further than ten feet from the temporary mobile retail use.
(8)
No drive throughs of any kind shall be allowed in connection with temporary mobile retail use.
(9)
Parking shall only be allowed on an approved hard surface as provided in section 111-207(a) of this Code.
(10)
Mobile retail uses shall not be parked or otherwise located so that the vehicle nor the patrons block any driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
(11)
Temporary mobile retail uses shall not occupy any handicap accessible parking spaces.
(12)
Temporary mobile retail uses shall not operate on the public right-of-way or on public streets.
§ 117-364 Long-term mobile retail use standards.
[Ord. No. 2350, 3-25-2024]
The operation of a long-term mobile retail use shall comply with the following use standards:
(1)
Long-term mobile retail uses are permitted uses only within the following zoned districts: HC (highway commercial), GC (general commercial), and NC (neighborhood commercial).
(2)
Long-term mobile retail uses may stay in place longer than 12 hours provided that the property owner has given written permission to the long-term mobile retail use a copy of which shall be kept within the long-term mobile retail use and a copy of that permission is provided to the city.
(3)
Long-term mobile retail uses shall be located on an approved hard surface that is at least 100 feet from any entrance or exit of a lawfully established eating or retail place unless the owner of the eating or retail place provides a letter of consent, a copy of which shall be kept within the long-term mobile retail use and a copy of that permission shall be provided to the city.
(4)
Auxiliary power sources such as electric generators are prohibited for long-term mobile retail uses. Connection to public electric power is required.
(5)
All materials generated from the long-term mobile retail use that are to be disposed of shall be disposed of properly. It shall be a violation of this division to discharge or dispose of any substance, material, food, or waste into the storm drain system.
(6)
Trash and recycling containers shall be provided for use by the long-term mobile retail use patrons. All trash or debris generated by the long-term mobile retail use or its patrons or any trash or debris accumulating within 20 feet of any long-term mobile retail use shall be collected by the long-term mobile retail use operator and deposited into an appropriate container.
(7)
One sign, no larger than 24 inches by 36 inches, shall be allowed in addition to those signs physically attached to the vehicle. Said sign shall not be placed further than ten feet from the long-term mobile retail use.
(8)
Drive throughs may be permitted for long-term mobile retail uses with an approved site plan by the director of planning and development. The site plan shall demonstrate that no motor vehicles will block pedestrian traffic on public sidewalks or vehicular traffic on public streets. The stacking area for vehicular traffic utilizing the drive through shall be designated on the site plan and shall be designed to accommodate safe and efficient on-site circulation and parking space access. The approved site plan shall govern the operation of the long-term mobile retail use in addition to the applicable provisions of this division and other applicable provisions of this Code.
§ 117-365 Exemptions.
[Ord. No. 2350, 3-25-2024]
(a)
Mobile retail uses operating at special events may operate without a use permit provided that the mobile retail use is located entirely within the boundaries of an approved special event permit issued by the city pursuant to applicable provisions of this Code.
(b)
Mobile food trucks shall be allowed to operate on public right-of-way under the following conditions:
(1)
The operator does not stop on the public right-of-way for a period longer than one minute.
(2)
The operator does not impede the flow of traffic.
(3)
The operator complies with all applicable provisions of this Code or state law relating to the operation of motor vehicles.
§ 117-366 Mobile food truck park use standards.
[Ord. No. 2350, 3-25-2024]
The operation of a mobile food truck park use shall comply with the following use standards:
(1)
Food truck parks are permitted uses only within the following zoning districts: HC (highway commercial), GC (general commercial), and NC (neighborhood commercial).
(2)
Site plan review. Prior to operation, food truck park operators are required to submit a site plan to the department of planning and development. The site plan shall include a detailed scaled drawing, photo, or rendering containing retail locations, utility connections, public parking locations, dumpster location, grease collection bin locations, and public restroom locations in sufficient detail to demonstrate compliance with this division and any other applicable provisions of this Code. The proposed site plan shall be approved by the director of planning and development upon demonstrated compliance with the provisions of this division and any other applicable provisions of this Code. The approved site plan shall govern the operation of the mobile food truck park.
(3)
Use standards applicable to mobile food truck parks.
a.
Each mobile food truck park shall provide an approved hard surface for retail locations as defined in section 111-207(a) of this Code.
b.
The food truck park shall provide electrical connections for each retail location as designated on the approved site plan.
c.
The use of auxiliary power sources, such as electric power generators, shall be prohibited.
d.
The food truck park shall provide water service connections for each retail location as designated on the approved site plan.
e.
Public restrooms with municipal sewer connection within a permanent structure shall be required. Restroom structure must be in compliance with the Americans with Disabilities Act and all applicable provisions of this Code, including adopted building codes. Portable restrooms are prohibited. A minimum of two restrooms with separate entrances is required.
f.
At minimum one two-yard commercial garbage receptacle shall be provided onsite and shall be accessible to all food trucks in compliance with section 111-8 of this Code.
g.
A minimum of one 20-gallon garbage receptacle per every two food trucks shall be provided for patron use. If seating is provided an additional 20-gallon receptacle shall be provided for every ten seats.
h.
The food truck park shall provide a grease disposal bin with the location designated on the approved site plan.
i.
A minimum of two parking spaces shall be provided per each mobile retail location.
j.
One center identification sign as defined in chapter 113, article I, of this Code identifying the food truck park is permitted. No physical alterations or physical additions shall be made to the center identification sign without an additional approved sign permit. Each food truck is allowed one temporary sign in compliance with section 117-363(7) of this Code. Temporary signs authorized herein shall be stored when the food truck is not in operation.
(4)
Outdoor seating. If outdoor seating is provided the following standards shall apply:
a.
Outdoor seating areas shall be located no closer than ten feet from any property line.
b.
Outdoor seating areas shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
c.
Outdoor seating areas shall be designated on the approved site plan.
(5)
Location of food trucks within food truck park.
a.
Food trucks shall operate only from designated, approved locations within the food truck park and as designated on the approved site plan.
b.
Food trucks within a food truck park shall not operate within ten feet from any property line.
c.
A separation of a minimum of ten feet between food trucks must be maintained and kept clear of obstructions sufficient to provide emergency access to each food truck.
