REGULATIONS APPLICABLE TO PARTICULAR USES
The uses listed in this chapter and summarized in Exhibit 240.18 are authorized as Permitted (P), Conditional (C), Accessory (A) or Planned (PL) uses in certain zoning districts. These uses shall be authorized if they comply with the zoning district regulations and the requirements of this section. Conditional uses may be granted if the proposed development complies with the district regulations, the requirements of this chapter and any other UDC requirements.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Definition and applicability.
1.
In a residential zoning district, an accessory building or structure, is a subordinate or incidental structure, attached to or detached from the principal building, which is not used for commercial purposes, except as provided for home occupations.
2.
In non-residential zoning districts, an accessory building or structure is a subordinate building or structure, the use of which is secondary to and supportive of the principal building.
3.
Accessory uses include any use that is authorized in the district which is secondary or subordinate to the primary use.
b.
Standards for accessory dwelling units. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed only in AG and RR zoning districts;
2.
The accessory dwelling unit may be constructed only upon the issuance of a building permit;
3.
The accessory dwelling unit shall be a permanent structure and not exceed 900 square feet of habitable space;
4.
Accessory dwelling units shall be considered independent buildable sites, and be connected to public water and sewer service where available or have on-site water and sewer facilities that comply with all city and state regulations;
Exhibit 240.18: Zoning District Authorization for Particular Uses
P = Permitted Use
C = Conditional Use
A = Accessory Use
PL = Planned Use
5.
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit;
6.
The accessory dwelling unit shall comply with all required building setbacks for the principal residential use;
7.
The overall height of an accessory dwelling shall be limited to one story, provided that a garage apartment or non-residential caretaker's quarters, may be located over a garage;
8.
When the accessory dwelling is directly attached to the principal dwelling, it shall be considered an integral part of the main building; and
9.
Accessory dwellings shall not exceed 1,000 square feet of heated area.
c.
Standards for accessory buildings in residential zoning districts. Accessory buildings may be allowed in residential zoning districts pursuant to the following conditions:
1.
Detached accessory buildings shall be prohibited from being placed in front of the principal building and shall be placed in the rear or side yard.
2.
The minimum required side setback for the accessory building shall be observed for accessory buildings, and in accordance with the zoning setback regulations.
3.
Accessory buildings adjacent to a side street shall have a side yard not less than that of the primary structure.
4.
Accessory buildings shall not exceed two per lot or cover more than 50 percent of the lot.
d.
Standards for accessory structures in residential districts. Accessory structures may be allowed in residential districts under the following conditions:
1.
Private swimming pools, along with incidental installations such as pumps and filters, may not be located in the front yard. A pool shall be set back a distance of not less than five feet from all lot lines, except that a pool that is elevated more than four feet above the average natural ground level at the nearest property line shall comply with required building setbacks.
2.
Clothing drop box, shall be constructed on a paved surface and not to exceed six feet in height, four feet in width, and four feet in depth. boxes shall be lockable, signage that shows owner/sponsor, their address and phone number. An additional sign must be labeled with "No Dumping".
3.
Private tennis courts shall not be constructed within 20 feet of any adjoining residential property line. Tennis court fences or walls shall not exceed 12 feet in height, and no lights for the tennis court shall be permitted within 25 feet of any adjoining residential property line.
4.
Except as noted above, accessory structures shall comply with the minimum setback requirements established in the district.
(Ord. No. 1794, § 3, 7-23-2018)
Aviation fields and airports may be permitted subject to the issuance of a conditional use permit, and provided that the following conditions are satisfied:
a.
Plans of any aviation field or airport shall include all approach and departure paths as necessary to assure safe and adequate landing and take off area and shall be supplemented by an aeronautical study by the local airport district office of the Federal Aviation Agency (FAA);
b.
Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take off areas by the general public; and
c.
Landing and take off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
(Ord. No. 1794, § 3, 7-23-2018)
Animal exhibits and zoos may be permitted subject to issuance of a conditional use permit, and provided that the following conditions are satisfied:
a.
The application for a conditional use permit must contain or be accompanied by the following information:
1.
Copies of all federal and state permits that are required by law;
2.
A copy of the bill of sale or receipt for the purchase of each animal;
3.
A complete and detailed description and diagram of the confinement space proposed for each animal;
4.
Reserved;
5.
A list of the animal species to be displayed at the facility;
6.
Written proof that a veterinarian licensed as such by the state has committed to the owner to provide care to the animal and to advise the owner regarding its care;
7.
Proof of insurance, together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal, providing for limits of $1,000,000.00 per person, per occurrence and for notice to the Director within 30 days of its cancellation or renewal; and
8.
In addition to other standards for the grant or denial of a conditional use permit, a permit may be denied for failure to satisfy any submittal requirement and for failure to provide a safe and sanitary confinement space for each animal.
b.
The animal exhibit or zoo shall located on a parcel of land not less than two acres in size.
c.
The animal exhibit or zoo shall not be located within 500 feet of any residential zoning district or any existing dwelling.
d.
The following screening and landscape buffering shall be provided between any animal cages or other structures and any adjacent residential district or dwelling:
1.
A landscaped opaque wall or fence at least six feet in height; and
2.
A natural, wooded or planted bufferyard of at least ten feet in width for each 25 animals of greater than 40 pounds in body weight. For purposes of this section, the bufferyard shall include at least four trees and 16 shrubs for every 1,000 square feet of required landscape area.
e.
Outside lighting shall be shielded so that the light source is not directly visible to adjacent residential property.
f.
The behavior of the type and/or number of animals owned or maintained by the applicant shall not infringe on the enjoyment of any existing adjacent residential use in terms of noise, odor, safety or aesthetics.
g.
The applicant shall register exotic or wild animal(s) as required by state law.
h.
Permission for this use may be revoked by the city council if the animal(s) become(s) a nuisance or a danger to any person, or if any condition of approval of the permit is violated, or if any other law or lawful rule is violated, or if the health, safety, and welfare of the public are threatened.
(Ord. No. 1794, § 3, 7-23-2018)
a.
In all districts in which bed and breakfast inns (B&B) are permitted, the following standards shall apply:
1.
All applicable local, state and federal requirements must be satisfied.
2.
Cooking facilities shall be limited to microwave and refrigerator.
3.
In addition to required residential parking, one off-street parking space shall be provided for each guest room.
b.
In A and RS zoning districts, common dining areas may be leased for social events, provided that off-street parking is provided, for a meeting/reception area, pursuant to section 24006.7.
c.
In all other residential zoning districts, common dining areas shall not be leased for social events.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally.
1.
The applicant for a permit to establish a child care facility must provide sufficient proof that the proposed use will comply with all state and city regulations.
2.
A child care facility shall be located on a site that will accommodate and provide space for an off-street passenger loading zone to provide for the safe delivery and pick-up of passengers, in addition to applicable parking requirements.
3.
The outdoor play areas of a child care facility shall be enclosed with a fence, which shall be built and maintained to a minimum of four feet in height. No play areas shall be permitted in the required front yard.
b.
Family day care home. A family day care home, as defined by state law, shall be registered and licensed, by the state and city, as applicable and required by law.
1.
All facilities shall provide an enclosed outdoor play area.
2.
Any family day care home providing care to more than five non-resident children shall be required to obtain a conditional use permit.
c.
Group day care home and child day care center.
1.
A group day care home providing care for up to 20 children or a child day care center, as defined by state law, shall be registered and licensed, by the state and city, as applicable and required by law.
2.
A group day care home providing care for up to 20 children or a child day care center shall be located on a site that will accommodate and provide space for an off-street passenger loading zone and circular drive to provide for the safe delivery and pick-up of passengers, capable of accommodating two cars for every ten children, in addition to applicable parking requirements, pursuant to section 24006.7.
3.
A group day care home providing care for up to 20 children or a child day care center shall provide a Type B bufferyard along all property lines abutting any residential use, pursuant to section 24006.11.
(Ord. No. 1794, § 3, 7-23-2018)
These uses shall be located on a roadway designated as a collector or minor arterial, shall obtain all required state, county and city licenses, and shall comply with all conditions of said licenses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
The purpose of these conditions is to protect the state's environmental resources by regulating the siting and operation of a composting facility, while encouraging resource recovery and recycling. This section does not apply to yard waste composted on the parcel on which the yard waste was generated.
b.
Prior to commencing site preparation for this composting facility, all necessary permits must be obtained from the director and all applicable local, state, and federal governmental agencies and authorities, and thereafter, before any alteration is site preparation, construction or operation is done, any such alteration must be approved by the director and all necessary permits obtained from the various governmental authorities.
c.
No wastes permitted to be composted shall be accepted at the site until after the site has been fully prepared, inspected by the director, and the site made fully operational for composting.
d.
Yard wastes, municipal solid wastes, sewage sludge, agricultural wastes and other materials, as defined and permitted pursuant to state and federal regulations, may be accepted at the composting facility. No clean fill, solid waste, treated or untreated bio-hazardous waste, or any waste of any nature other than permitted compost waste shall be accepted at the composting site or utilized in the composting process.
e.
There shall be no discharge of air pollutants which causes objectionable odors to surrounding property owners.
f.
No compost shall be used as fill material in any natural or artificial body of water, open sinkhole, or de-watered pit.
g.
The composting facility and site shall have sufficient support for the composting operation.
h.
Information to be filed with the director upon application for the required conditional use permit shall include compost facility design, operation, and closure plans, and such plans shall include:
1.
Maps and available aerial photographs showing significant features of the proposed site area.
2.
Site plans which show dimensions and details of proposed structures and areas involved in receiving, processing, producing, curing, storage, and fencing of materials taken onto and removed from the proposed facility.
3.
Topographic maps which indicate original and proposed land contours, placements of roads, structures, and drainage control measures.
4.
A report which addresses:
(a)
Facility capacity;
(b)
Available detail concerning materials to be received;
(c)
Anticipated source of materials to be received; and
(d)
Additives to be used in the composting process, and discussion of the potential environmental impacts of additives.
5.
Stormwater management plans and designs for preventing runoff from entering or leaving the process areas of the facility and for managing stormwater which comes into contact with the composted material.
6.
Liner installation plan which addresses:
(a)
Areas and operations where liners will be installed;
(b)
Materials and construction specifications; and
(c)
Testing procedures.
7.
A groundwater monitoring system which features, at minimum, one up-gradient and two down-gradient wells.
8.
Measures taken to ensure clean and orderly operations, including:
(a)
Barriers to prevent unauthorized entry or egress;
(b)
An all-weather access road;
(c)
Signs indicating operational hour and emergency information;
(d)
Dust control methods;
(e)
Control of operation-related litter;
(f)
Fire protection; and
(g)
Odor control measures.
9.
An operations plan which provides written instruction for the daily operation and maintenance of the facility, and which specifically addresses:
(a)
Designation of persons responsible for site operation and maintenance;
(b)
Equipment;
(c)
Controlling the entry point to ensure that only appropriate wastes are introduced into the facility;
(d)
Methods for quantifying incoming wastes;
(e)
Vehicle traffic control and loading;
(f)
Method and sequence for processing wastes;
(g)
Operation of leachate and stormwater control systems;
(h)
Interaction with backup receiving or disposal areas; and
(i)
Contingency plans for such occurrences as natural disasters, equipment failures, or receipt of inappropriate materials.
10.
A site closure plan which addresses:
(a)
Estimated useful life of the facility;
(b)
Closure plans, which may be in narrative form and/or sketch form, subject to all applicable agency reviews at time of closure; and
(c)
Assurance of financial capability to complete closure plans.
i.
The design features, as approved by the Director, of the composting facility shall be properly maintained.
j.
The composting facility shall be properly staffed and equipped to ensure that:
1.
An attendant is on site during those hours when permitted wastes are to be received.
2.
Communications systems are in operation in all facilities for use in the event of an emergency.
k.
Incoming permitted wastes shall not be mixed with finished compost which is ready to be used or sold. Prevention of the reintroduction of weed seed, pathogens and waste to finished compost shall be handled in the following manner:
1.
At least one-half the finished compost will be used or sold for use each year.
2.
The amount of compost stored at the facility shall not exceed the design capacity.
3.
All yard waste received at the facility shall be confined to a delivery storage area, where it shall be monitored before further processing:
(a)
Yard wastes which will not be composted must be removed from the facility at least monthly; and
(b)
Yard wastes and non-yard wastes which are not to be composted must be removed to a licensed landfill within 72 hours.
4.
The temperature of composting material shall be monitored on a daily basis at a depth approved by the director.
5.
When the facility is closed, all residuals, wastes, and recyclable materials shall be removed from the site and recycled or disposed of in a proper manner.
l.
Two down-gradient wells and one up-gradient monitoring well shall be installed at the facility at sites approved by the director. Surface elevations and depth to groundwater will be used to determine "up-gradient" and "down-gradient" elevations.
m.
Prior to site preparation, initial groundwater sampling shall be conducted to establish baseline standards as is provided in these conditions. Thereafter, periodic sampling shall be conducted on a not less than quarterly basis during all phases of site preparation, construction, operation, and closing of the composting facility. Groundwater sample results shall be compared to Missouri Department of Natural Resources (MDNR) and federal drinking water standards.
n.
Sample results and log sheets showing all monitoring of the groundwater and composting process performed, the quantity and volume of waste received, the quantity and volume of compose produced, and the quantity, volume, and ultimate disposition of material screened from the landfill shall be maintained, and quarterly reports including all of this information shall be delivered to the director.
o.
Groundwater samples will be analyzed for the materials identified by the director.
p.
If the initial baseline water samples show the water quality for a particular parameter is at or less than the MDNR Clean Water Commission standard, then the MDNR standard shall apply that parameter to groundwater samples subsequently taken from the facility with adjustment by statistical methods as approved by the director. There shall be no exceedance of such standards in the groundwater samples periodically taken from the facility.
q.
If the initial baseline samples have levels greater than the MDNR standards and less than the US EPA standards, then the US EPA standards shall apply for that parameter with adjustment by statistical methods as approved by the director. There shall be no exceedance of such standards in the groundwater samples periodically taken from the facility. If initial baseline samples have levels of a particular parameter greater than both the MDNR standards and the US EPA standards, then no statistically significant contamination of the aquifer shall be permitted. Statistical methods for examining sample variation will be allowed, upon approval of the director.
r.
In addition to the requirements of this section, there shall be no deterioration of groundwater quality between the upstream monitoring well and the downstream monitoring wells. Downstream analytical results will be compared with upstream background levels. If these downstream results for any parameter exceed the upstream results, this will immediately be reported to the director. In addition, the laboratory analytical data will be reviewed for analytical problems such as contamination in the method blank or contaminant carryover between samples.
s.
If any exceedance cannot be explained after examining the analytical factors, the director may request additional sampling be performed to determine statistical significance of the data.
t.
Notwithstanding any other available testing or additional sampling of the groundwater, any exceedance of the standards set out above shall be grounds to close the facility and revoke this special use permit.
u.
The operator/applicant is responsible for all costs associated with the monitoring wells, sampling, testing, and interpretation of test results and reports to the director. An independent testing laboratory approved by the director with expertise in the field of water quality and groundwater standards shall be hired and paid for by the operator/applicant and laboratory reports shall come directly to the director with copies to operator/applicant.
v.
Sedimentation and runoff ponds and berms described in the site evaluation and operations plan submitted as part of the application for this conditional use permit and/or required building permit shall be designed and constructed under the supervision of a registered professional engineer.
w.
The composting operation shall be conducted at all times in compliance with all federal, state, and local laws and regulations including, but not limited to, those related to pollution of air and water.
(Ord. No. 1794, § 3, 7-23-2018)
a.
All indoor firing ranges and gun clubs shall be located at least 200 feet from any residential district or dwelling, and within a completely enclosed structure, designed to significantly prevent the escape of sound from the property.
b.
All outdoor firing ranges shall be located at least 1,000 feet from any residential district or dwelling, and on a site of at least ten acres.
c.
A solid fence, wall, berm or shield shall be provided behind all shooting areas, and be reviewed by the city police department.
d.
Facilities shall be designed to prevent projectiles from escaping the property.
e.
The location and type of facility shall be reviewed by the city police department.
f.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
g.
A Type D bufferyard shall be provided along all abutting property lines of outdoor facilities, pursuant to section 24006.11.
h.
Hours of operation for outdoor facilities shall be limited to 9:00 a.m. to 9:00 p.m.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Flea markets and swap meets shall be located on a roadway designated as a collector or arterial street.
b.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
c.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
d.
The event shall be conducted entirely on private property, with the consent and approval of the property owner.
e.
Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.
f.
No more than one banner shall be displayed, and which shall be displayed for a maximum of 15 days. All other signage requirements are subject to section 24007.
g.
The flea market or swap meet shall be conducted at all times in compliance with all applicable federal, state, and local laws, regulations, permits and licenses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally.
1.
Access and off-street parking for group dwellings shall be provided subject to the requirements of section 24006.7.
2.
Landscaping, screening and bufferyards shall be provided as required for multi-family development pursuant to section 24006.11.
b.
Group home.
1.
A group home is a residential care facility, providing 24-hour care, in a protected living arrangement, for not more than six residents with physical or mental disabilities.
2.
The group home shall be approved or licensed by the state and city, as applicable and required.
c.
Group quarters.
1.
Group quarters are a building or structure used as a place of residence by more than six unrelated persons who share the living accommodations and do not occupy independent dwelling units. The provisions of this section do not apply to group homes as described above.
2.
Group quarters shall:
(a)
Be designed for and limited to residents with minimal needs for supervision or medical care, if located in a residential district;
(b)
Be located so that emergency vehicles do not need to drive on minor residential streets to access such facilities;
d.
Nursing homes and convalescent hospitals.
1.
These uses shall be located on a Pleasant Hill roadway designated as a collector or minor arterial.
2.
Building coverage shall not exceed 40 percent of the lot or parcel.
3.
Seventy square feet of open space, which may be utilized for recreational use or landscaping/screening, shall be provided for each bed.
4.
For the purposes of determining bufferyard requirements pursuant to section 24006.11, these uses shall be considered commercial uses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally. A hazardous waste facility may be authorized within an HI district, pursuant to a conditional use permit and subject to the conditions of this section and any additional conditions established pursuant to the conditional use permit.
b.
Location.
1.
No part of the active portion and closed portion of a hazardous waste facility shall be within one air mile of any occupied dwelling place or house, any school or educational institution, any hospital or sanitarium, or in any area that poses a substantial or imminent danger to human life or health.
2.
No hazardous waste facility shall be located within:
(a)
A wetland;
(b)
A 100-year floodplain;
3.
A 600-foot buffer zone shall be established between the perimeter of the active portion and closed portion of the hazardous waste facility and all boundary lines of the facility. Within said buffer zone, trees, shrubs and suitable vegetation shall be planted and landscaping provided to fully obscure, to the extent feasible, any view of the facility from public roadways and adjacent public or private properties at all times of the year, as to maintain, preserve and enhance the environmental integrity of the surrounding area.
4.
A minimum separation of 500 feet shall be maintained between any part of the active portion of the hazardous waste facility and any existing pipeline, underground utility, or underground electrical transmission line right-of-way or easement.
c.
Facility access.
1.
A permanent sign shall be posted at each facility entrance identifying the official name of the facility.
2.
Access to the proposed hazardous waste facility shall be limited to normal operating hours. Attendants or operating personnel shall be present at the facility during normal operating hours.
3.
Access to the proposed hazardous waste facility by unauthorized vehicles or persons outside of normal operating hours shall be prohibited. Entrance gates and fencing shall be erected to prevent access to the facility during hours when the facility is not open to the public. Gates shall be kept locked except during those times when an attendant or equipment operator is on duty. Upon request, operators shall provide access keys to entrance gates for emergency personnel. The hazardous waste facility shall be completely enclosed by chain-link fencing, or such other durable fencing as may be approved by the city council, which fencing shall be not less than ten feet in height. All fencing shall be setback at least 25 feet from the property line.
4.
All access roads from the entrance and exit of the proposed hazardous waste facility to any public thoroughfare shall be paved with asphalt or concrete, curbed, and provided with a base capable of withstanding anticipated load limits, and shall be constructed and maintained in such a manner so as to minimize tracking or carrying of mud, dirt or debris onto any dedicated thoroughfare by any vehicles using the proposed hazardous waste facility. A road maintenance bond in an amount sufficient to ensure road maintenance may be required as a condition of permit approval.
d.
Operations plan. A conceptual report describing the proposed hazardous waste facility shall be prepared and submitted by a professional engineer licensed in the state. Required information shall include the following:
1.
A description of the planned method of operation of the proposed facility;
2.
A description of the technology underlying the proposed operational methodology;
3.
A description of all equipment which will be used to manage hazardous waste at the proposed facility;
4.
The expected or projected life of the proposed hazardous waste facility including a statement of any assumptions used in determining such projections;
5.
A traffic analysis estimating vehicle trips, by type of vehicle, to be generated by the proposed facility, including average daily trips, a.m. peak hour trips, and p.m. peak hour trips;
6.
A site plan shall be drawn to scale of not to exceed 200 feet to the inch and shall include and depict, at a minimum, the following information:
(a)
Name and address of record of landowner and architect/engineer/surveyor;
(b)
Date, north arrow and scale;
(c)
Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.);
(d)
Size, use and location of existing and proposed structures and drives on the subject property;
(e)
Location of floodplain areas subject to flooding and centerlines of drainage courses;
(f)
Location of proposed drives and parking area including location, number and dimensions of parking spaces;
(g)
Property lines;
(h)
Location of existing and proposed landscaping and screening.
7.
A map to a scale of not to exceed 2,000 feet to the inch with ten-foot contour intervals shall be provided and shall include and depict, at a minimum, the following information as it pertains to the area within one air mile of the proposed facility boundaries:
(a)
Original contours;
(b)
Original surface water drainage patterns;
(c)
Location of disposal facility and facility boundary lines;
(d)
Actual and proposed access roads;
(e)
Major sink holes within the map area; and
(f)
Occupied permanent residential dwelling houses or units within one air mile of the facility boundary lines.
e.
Federal and state compliance. A proposed hazardous waste facility shall comply with all applicable federal and state regulations and copies of all federal and state permits issued to the facility shall be submitted to the director.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Purpose and intent. The purpose of this section is to permit home occupations which will not change the character of adjacent residential areas. The intent of these zoning regulations is to conserve property values, as well as protect residential neighborhoods from excessive noise, excessive traffic generation, nuisances, health and safety hazards which may result from a home occupation conducted in the residential zones.
1.
No-impact home-based businesses. No-impact home-based business shall be permitted in all residential districts and in accordance with and subject to the restrictions and limitations of this chapter. No other business may be operated in a residence at any time. The term "home occupation" when used in this Code shall be interpreted to mean home-based business.
2.
Definitions. As used in this chapter, the following terms shall have the meanings provided below:
a.
Goods [means] any merchandise, equipment, products, supplies, or materials;
b.
Home-based business is a business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
c.
No-impact business means a home-based business that:
1.
Is engaged in the sale of lawful goods and services; and
2.
Does not cause a substantial increase in traffic through the residential area; and
3.
The activities of the business are not visible from any public street; and
4.
Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located; and
5.
Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the department of health to inspect the business during normal business hours or at any other time that the business is operating.
b.
Performance standards. All home occupations must comply with the following performance standards:
1.
The use of the dwelling unit as a home occupation shall be deemed to be clearly incidental and subordinate to its use for residential purposes if the home occupation occupies less than 25 percent of the square footage floor area of the residence.
2.
Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multifamily structure shall not be permitted.
3.
No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio or TV receivers in violation of FCC standards, or cause fluctuations in off-site line voltages.
4.
Except in the A and RS zoning districts, no on-premise advertising for the home occupation shall be allowed. Window areas must not purposely or intentionally be used as display areas or to offer merchandise for sale. In the A and RS zoning districts, a six square foot sign advertising the home occupation shall be permitted. No home occupation sign shall be located within a street right-of-way.
5.
The owner or operator must provide adequate parking for the no-impact home-based business. Parking for the no-impact home-based business may include the driveway or garage of the residence or a paved parking area located behind the front plane of the residence. Parking generated by the conduct of a home occupation shall be subject to one off-street parking space per 300 square feet of home occupation business space.
a.
Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.
b.
If the owner, operator, family members of the owner or operator, employees, clients, or customers routinely park in other locations on the street(s) adjoining the residence, the business shall not be considered a no-impact home-based business. For the purposes of this section, the term "routinely" shall mean more than twice in a given seven-day period.
6.
The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time.
c.
Licenses and permits.
1.
No permit shall be required to operate a no-impact home-based business, however, a business operating in a residence shall be presumed not to qualify as a no-impact home-based business unless the owner or tenant provides an affidavit, on a form approved by the city clerk stating that the business in question is qualified. No fee shall be charged for the filing of such an affidavit. The affidavit shall contain, at a minimum, the following:
a.
The name of the owner or tenant.
b.
The address of the residence.
c.
The general nature of the business, including whether the business is subject to health inspections. If the business is subject to health inspections the affidavit must have consent for inspections attached.
d.
The maximum occupancy of the residence and a statement that the maximum occupancy will not be exceeded. It shall be the duty of the affiant to obtain this number from the fire department and provide proof of the same with his or her affidavit;
e.
That the business qualifies as a no-impact home-based business.
f.
A statement that the affiant is familiar with the provisions of this chapter and will comply with the same.
2.
No-impact home-based businesses and other home occupations shall be required to have a business license.
3.
Businesses operated in a residence, which do not qualify as a no-impact home-based business must have a conditional use permit from city council.
d.
Penalties. Any person who operates a business in violation of this article shall, upon conviction, be subject to a fine of not less than $100.00 and up to 90 days in jail or both. Each day of violation shall be considered a separate offense.
(Ord. No. 1794, § 3, 7-23-2018; Ord. No. 1919, § 1, 6-12-2023)
a.
Purpose. A manufactured home subdivision is intended to provide an appropriate development site for manufactured homes, giving the surrounding land uses and neighborhood. The manufactured home subdivision is intended to promote affordable housing consistent with the provisions of the comprehensive plan.
b.
Development of a manufactured home subdivision shall comply with the standards established in the table below, in addition to design standards established in section 24006.
c.
Manufactured housing foundations shall comply with the International Conference of Building Officials "Guidelines for Manufactured Housing Installation," as may be amended.
MH Park Design Standards
1. Minimum setback. May be increased to same requirements as zoning district in which MH Park is located.
2. Unless located adjacent to a residential district, upon which 30 feet setback is required.
d.
All manufactured homes installed within the park shall be anchored to the ground by means of anchors attached both to the frame and with straps extending over the top and completely surrounding the sides and roof, consistent with Missouri Manufactured Home Commission Standards and the International Codes Council Building Code guidelines. Anchor design shall be approved by the Director prior to installation and shall comply with all requirements of the state. In addition, test data giving certified results of pull tests in soils representative of the area in which the anchors are to be used shall be submitted to the director. Minimum load in direct pull shall be 5,400 pounds. Anchors shall be marked so that after installation, the identification is in plain view for inspection.
e.
Each manufactured home subdivision shall provide sufficient and adequate number of shelters from severe storms. Shelters shall be placed at such intervals within the park to ensure maximum safety for residents during times of severe storms. Design and location of such shelters shall be determined at the time of plan approval, but in no case shall the construction of the initial phase of a manufactured home subdivision be allowed to proceed without the concurrent construction of appropriate shelters.
f.
All streets within the park shall be improved to standards for residential streets. There shall be at least two street or drive openings into the park providing ingress and egress. All private drives shall be not less than 24 feet in width, having portland cement curbs, and be surfaced with at least six inches of compacted stone base with two inches of hot mix bituminous concrete as the surface course, or the equivalent, as determined by the director.
g.
Each manufactured home shall be located so that no part of one home structure, including canopies, awnings, carports and other protrusions, is closer to the property line than the required setbacks.
h.
Each manufactured home subdivision shall have not less than two trees of two and one-half inch caliper per space, located on the space or within a required yard.
i.
Park and playground space shall be provided for occupants of the manufactured home subdivision on the basis of 300 square feet for each space in the park. Such playground space shall be separate and in addition to the open space required for each mobile home space, and shall be equipped and maintained for the use of the residents of the park. All park and playground space shall comply with the city's adopted building safety codes. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area. A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project, and all recreational facilities shall be constructed by the time the project is 75 percent developed.
j.
All liquid wastes shall be disposed of through a sanitary sewer system and treatment facility, the plans of which shall be approved by the director prior to construction. All solid waste shall be disposed of by accumulation in closed containers, and removed at regular intervals.
k.
All power and telephone lines shall be underground and shall be in compliance with standards of the utility corporation involved.
l.
The site of the park shall be graded so that surface water will not accumulate, but will run off in a manner that will not adversely affect the residential character of the park or adjacent property. The proposed drainage system shall be approved by the director prior to construction of streets or other portions of the park.
m.
On-site outdoor laundry space of adequate area and suitable location, shall be provided if park is not furnished with indoor dryers. Where outdoor drying space is required or desired, individual clothes drying facilities on each site of the collapsible umbrella type of hanging apparatus shall be allowed, with park management providing a concrete-imbedded socket at each site.
n.
Each manufactured home subdivision shall include similarly designed enclosed storage structure of structures suitable for storage of goods and the usual effects of the inhabitants of such park. Such storage space should not be less than 150 cubic feet for each mobile home site or in common structure with individual lockers.
o.
An all-weather hard surfaced outdoor patio area of not less than 180 square feet shall be provided at each manufactured home site, conveniently located to the entrance of the home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of a mobile home.
p.
Canopies and awnings may be attached to any manufactured home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the director, before such enclosure can be used for living purposes.
(Ord. No. 1794, § 3, 7-23-2018)
Pawnshops and short-term loan establishments may be authorized as conditional uses in districts CO and C1 only, subject to the following conditions:
a.
No such establishment shall be permitted with 1,000 feet of any church, school, daycare facility, public park or hospital.
b.
No such establishments shall be permitted within 500 feet of any residential district of use.
c.
Separation of distances shall be measured from property line to property line.
d.
Any such establishment may be permitted only as a principal use of a property and may not be accessory to any other use. No such establishment may operate any accessory uses.
(Ord. No. 1794, § 3, 7-23-2018)
Quarries, mines, and sand and gravel pits may be authorized as a conditional use under the following conditions:
a.
Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use.
b.
No activities shall be conducted upon the surface of such mine or mined-out area other than those specifically permitted.
c.
Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four sides to a height of at least eight feet. No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area. Such facilities shall observe the height and yard requirements of respective zoning district regulations.
d.
A plan of operation indicating the extent of the area proposed to be mined accompanied by profiles describing any proposed subsequent use of the mined-out areas shall be included with the site plan submitted to the director.
e.
Blasting shall be restricted to the hours between 7:00 a.m. and 6:00 p.m.
f.
There shall be no blasting within 500 feet of the boundary line.
g.
There shall be not more than one entranceway from a public road to said lot for each 660 feet of front lot line.
h.
All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential use subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.
i.
Blasting shall be conducted so that vibration does not exceed 0.25 inches per second as measured by seismographic tests at adjacent, abutting and opposite property boundary lines; seismographic tests shall be conducted by and bear the seal of a registered professional engineer or a certified professional geologist.
j.
Seismograph reports of monthly tests shall be submitted to the director monthly; and daily blasting schedule and seismograph reports shall be available for inspection by the director; additional seismograph tests and reports may be required upon written complaint by an affected property owner and such tests and reports shall bear the seal of a registered professional engineer or a certified professional geologist.
k.
No blasting shall be conducted when the atmospheric conditions are such that sound or shock waves are easily conducted or transmitted, such as occur when there is a condition commonly known as a temperature inversion.
l.
All surface preparation for underground mining shall be completed within 24 months of issuance of permit. Extensions may be granted upon specific appeal to the city council.
m.
Sedimentation ponds and berms, as described in the site evaluation and operations plan submitted as part of the application for a conditional use permit, shall be designed and constructed under the supervision of a registered professional engineer, prior to any site preparation or mining.
n.
All points of ingress and egress shall be limited to arterials and collectors and shall be approved prior to construction in accordance with city or state highway department regulations and requirements, as applicable.
o.
The operator shall be required to file an annual status report with the director concerning all surface and subsurface development and a survey of the extent of subsurface development and a survey of the extent of subsurface mining operations, certified by a registered land surveyor.
p.
The quarrying operation shall be conducted in compliance with all existing federal, state and local laws and regulations including but not limited to those related to the pollution of air and water.
q.
The operator shall be required to implement and conform to all plans, specifications and provisions filed as a part of the application.
r.
Only biodegradable additives shall be used in the wetting agent which shall be applied at the primary and secondary crushing facilities and transfer points. Stock piles of rock and truck loads shall also receive wetting treatments sufficient to minimize airborne particulates.
s.
The permit is further subject to all requirements of the state department of natural resources which are made a part hereof as though set out in their entirety.
t.
A traffic impact analysis shall be provided to the director, in accordance with section 24006.6.
u.
Restoration plan required.
1.
The operator or operators shall file with the director a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses, and/or other improvements contemplated.
2.
The restoration plans shall be filed with and approved by the director before quarrying or removal operations shall begin. The plans shall be certified by a soil or geology engineer. In restoration, no filing 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.
3.
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 to an approved restoration plan.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Recreational facilities and amusement parks are defined pursuant to section 24002.
b.
No cabin development or overnight parking of trailers or lodgings shall be permitted on the premises.
c.
These uses shall be located at least 50 feet from a public right-of-way and at least 200 feet from any dwelling.
d.
These uses shall be located on a roadway designated as a collector or minor arterial.
e.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
f.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Purpose. A recreational vehicle park or travel trailer park is provided to offer temporary residential opportunities in conjunction with recreational and social centers designed to provide a significant portion of the recreational and social needs of the occupants of the park.
b.
Development of a recreational vehicle or trailer park shall comply with the standards established in the table below, in addition to the design standards established in section 24006.
RV/Travel Trailer Park Design Standards
c.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
d.
Open storage of materials or belongings other than boats, trailers, automobiles or operational vehicles is prohibited.
e.
Each space should be provided water from a centralized water system; sewage disposal from a centralized community sewage disposal system; and electricity.
f.
Each space shall have a graveled or paved parking pad.
g.
If provided, barbecue pits or fire rings and related setbacks thereof shall be subject to approval by the governing fire protection district.
h.
Sufficient sanitary facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks in a clean, efficient and convenient manner.
i.
Each RV/Trailer park shall provide shower and restroom facilities for males and females.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Salvage, dismantling or recycling uses as accessory uses or as principle uses shall require issuance of a conditional use permit pursuant to section 24003.21.
b.
Storage and work areas must be screened by an opaque eight feet tall fence from all surrounding uses and all roadways, or be located within a completely enclosed building.
c.
Unusable items shall be disposed of and not allowed to collect on the premises.
d.
All tires not mounted on a vehicle shall be neatly stacked or placed in racks.
e.
No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises.
f.
Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable local, state and federal regulations.
g.
All outdoor storage which occupies a volume of more than 150 cubic feet shall comply with the following:
1.
No such storage shall be placed or maintained within a required yard setback.
2.
Such stored items shall not project above the screening.
3.
All screening shall be installed in a professional and workmanlike manner, and maintained in good condition.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Temporary construction buildings. Temporary buildings, structures and building material storage areas may be used for construction purposes on a site in any district which is not yet occupied. Such buildings may be permitted for a specific period of time in accordance with the building permit issued by the director, subject to periodic renewal for cause shown. Temporary buildings and building material storage areas shall be removed prior to the issuance of a certificate of occupancy.
b.
Temporary sales/special events. These uses are permitted, upon approval by the director, subject to the following conditions:
1.
No booths, stalls or other display areas shall be placed or maintained within any required setback area.
2.
Off-street parking shall be provided at the ratio of one and one-half spaces per booth or stall, and meet other applicable standards of section 24006.7.
3.
Approved sanitary facilities shall be provided on-site.
4.
All items for sale shall be stored indoors, or within an approved screened storage area, or removed from the site at the close of each business day.
5.
Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
6.
No storage of items other than those available for sale shall be stored on the premises, unless confined within an approved, screened storage area.
(Ord. No. 1794, § 3, 7-23-2018)
a.
The regulations and requirements of this section are intended to provide for the location and development of commercial broadcast, non-commercial residential, and amateur radio service telecommunications towers, antennas and antenna supporting structures. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.
b.
In addition to any regulations set forth in Federal Communications Commission (FCC) regulations, Federal Aviation Administration (FAA) regulations, or the statutes of the state, all antennas and antenna supporting structures shall meet the following minimum regulations.
c.
Commercial antennas.
1.
Antennas shall be set back from property lines a distance equal to or greater than one-half the height of the antenna and supporting structure. Height regulations for commercial antennas shall be the same as those for non-commercial antennas provided in subsection d.
2.
Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers' specifications using sound engineering and safety practices.
3.
An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:
(a)
Detailed structural plans for the antenna and the support system; and
(b)
An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the Federal Communications Commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.
d.
Non-commercial antennas.
1.
All authorized non-commercial antennas and antenna support structures, except those specifically in the amateur radio service, shall comply with applicable FCC and FAA regulations and meet the following standards:
(a)
A building permit shall be required for any antenna or antenna supporting structure extending more than 35 feet above the ground level and any freestanding antenna or antenna supporting structure extending more than 25 feet above ground level. The director may require submission of documentation to verify compliance with any specific applicable building or electrical code(s). When a building permit is denied, the applicant shall be furnished with a statement of the reason(s) for denial.
(b)
Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturer's installation instructions.
(c)
Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated.
(d)
Antennas and supporting structures shall not be erected in required building setback areas unless authorized by a conditional use permit.
(e)
Guy wires shall not extend into any required street yard.
2.
In A and RS zoning districts, up to four exterior antenna structures are authorized as accessory uses, subject to the following additional regulations:
(a)
The height shall not exceed 75 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum building setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back the greater of 50 feet or one-half the height of the antenna and support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel, provided that the antennas shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Have any signage legible from any property line.
3.
In RS, R1 and CO zoning districts up to two exterior antenna structures may be permitted, subject to the following additional regulations:
(a)
The height shall not exceed 40 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back the greater of 20 feet or one-half the height of the antenna and antenna support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel, provided that the antenna shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Have any signage legible from any property line;
(5)
Be located in the front yard or required street yard.
4.
In C1 and M1 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(a)
The height shall not exceed 60 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the districts. Antennas that are greater than 40 feet in height shall be set back a distance equal to or greater than one-half the height of the antenna or antenna support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel provided that the antenna shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Be located in the front yard or required street yard.
5.
In M1 and M2 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(a)
The height shall not exceed 60 feet unless specifically authorized in a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back a distance equal to or greater than one-half the height of the antenna or antenna support structure.
(c)
Satellite antennas shall not exceed 35 feet in height if pole or roof mounted unless specifically authorized in a conditional use permit.
e.
Amateur radio antennas.
1.
Due to the nature of the amateur radio service, the antennas and antenna supporting structures are many and varied. This service is strictly non-commercial and non-profit under FCC regulations as covered by FCC Regulations in Part 97.
When proposed amateur radio service antennas do not comply with the regulations established in this section, the antenna shall be subject to the conditional use permit provisions of section 24003.21, with conditions being established in accordance with the guidelines set out under FCC Part 97.
2.
All authorized amateur radio service antennas shall comply with applicable FCC and FAA regulations and meet the following additional standards:
(a)
Antennas and supporting structures shall be set back a distance of at least one-half the height of the structure. A building permit shall be required for free-standing antenna structures exceeding 25 feet in height or antenna support structures exceeding 35 feet which are attached to a building. The director may require submission of documentation to verify compliance with specific building and electrical codes. When a building permit is denied, the applicant shall be furnished with a statement of the reasons for denial.
(b)
Antenna support structures shall be installed in a manner that meets or exceeds manufacturers' installation standards. Home built antenna support structures shall follow sound engineering practices as referenced in applicable documents such as those of the American Radio Relay League or other recognized engineering texts.
(c)
Guy wires may not extend into any required street yard.
(d)
In the A district:
(1)
A conditional use permit shall be required for any amateur radio service antenna or support structure exceeding 100 feet in height.
(2)
Not more than eight exterior antenna support structures shall be permitted on any parcel, except as approved subject to a conditional use permit.
(e)
In the RS district:
(1)
No more than four exterior antenna support structures shall be erected except as approved subject to a conditional use permit.
(2)
Amateur radio service antennas or supporting structures over 75 feet may not be erected except as approved subject to a conditional use permit.
(f)
In the RS, R1 and CO districts:
(1)
No more than two exterior antenna supporting structures shall be erected except as approved subject to a conditional use permit.
(2)
Amateur radio service antenna and support structures shall be limited to 40 feet except as approved subject to a conditional use permit.
(g)
In the R1, C1, LI, and M1 districts, amateur radio service antennas and supporting structures shall be treated as any other commercial antenna or supporting structure.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Upon application for the construction or use of utility transmission line structures, the applicant shall provide data pertaining to electromagnetic field radiation (EMF) rates for the structure(s).
b.
Utility transmission lines are permitted subject to the following conditions:
1.
In the A and RS zoning districts, electric and magnetic radiation shall not exceed two milligausses (mG) as measured at the nearest dwelling.
2.
In all other residential zoning districts, electric and magnetic radiation shall not exceed two mG as measured at any residential property line.
3.
Electric and magnetic radiation shall not exceed two mG as measured at the boundary of all school properties and active recreation areas.
(Ord. No. 1794, § 3, 7-23-2018)
Above-ground water storage tanks, sewage pumping stations, telephone relay towers, renewable energy systems, electric regulating substations and similar utility/ communications structures shall comply with the following standards:
a.
Facilities shall be located at least 50 feet from any residential structure;
b.
The director may require facilities to be secured by a fence.
c.
Telephone exchange stations in residential districts shall be limited to unmanned facilities, and shall provide at least two parking spaces for service vehicles.
(Ord. No. 1794, § 3, 7-23-2018)
These uses are permitted, upon approval by the director, subject to the following conditions:
a.
No structures or display areas shall be placed or maintained within any required setback area.
b.
The application for a conditional use permit shall be accompanied by copies of all required city and state licensing and inspection forms pertaining to food and beverage preparation and sale.
c.
Approved sanitary facilities shall be provided on-site if food or drink are provided for consumption on the premises.
d.
All items for sale shall be stored indoors, or within an approved screened storage area.
e.
Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
f.
Off-street parking shall be provided at the ratio of one space per 200 square feet of floor area open to the public.
g.
These uses shall be considered commercial uses when determining bufferyard requirements pursuant to section 24006.11.
h.
Signage shall comply with section 24007.
i.
These uses shall directly access a collector or arterial street.
(Ord. No. 1794, § 3, 7-23-2018)
Editor's note— Ord. No. 1907, § 3, adopted March 13, 2023, repealed the former section 24005.25 in its entirety, which pertained to medical marijuana uses, and derived from Ord. No. 1823, § 4, adopted August 12, 2019.
REGULATIONS APPLICABLE TO PARTICULAR USES
The uses listed in this chapter and summarized in Exhibit 240.18 are authorized as Permitted (P), Conditional (C), Accessory (A) or Planned (PL) uses in certain zoning districts. These uses shall be authorized if they comply with the zoning district regulations and the requirements of this section. Conditional uses may be granted if the proposed development complies with the district regulations, the requirements of this chapter and any other UDC requirements.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Definition and applicability.
1.
In a residential zoning district, an accessory building or structure, is a subordinate or incidental structure, attached to or detached from the principal building, which is not used for commercial purposes, except as provided for home occupations.
2.
In non-residential zoning districts, an accessory building or structure is a subordinate building or structure, the use of which is secondary to and supportive of the principal building.
3.
Accessory uses include any use that is authorized in the district which is secondary or subordinate to the primary use.
b.
Standards for accessory dwelling units. A dwelling unit may be allowed as an accessory use to the principal dwelling unit under the following conditions:
1.
Accessory dwelling units may be constructed only in AG and RR zoning districts;
2.
The accessory dwelling unit may be constructed only upon the issuance of a building permit;
3.
The accessory dwelling unit shall be a permanent structure and not exceed 900 square feet of habitable space;
4.
Accessory dwelling units shall be considered independent buildable sites, and be connected to public water and sewer service where available or have on-site water and sewer facilities that comply with all city and state regulations;
Exhibit 240.18: Zoning District Authorization for Particular Uses
P = Permitted Use
C = Conditional Use
A = Accessory Use
PL = Planned Use
5.
The accessory dwelling unit may not be sold separately from the sale of the entire property, including the principal dwelling unit;
6.
The accessory dwelling unit shall comply with all required building setbacks for the principal residential use;
7.
The overall height of an accessory dwelling shall be limited to one story, provided that a garage apartment or non-residential caretaker's quarters, may be located over a garage;
8.
When the accessory dwelling is directly attached to the principal dwelling, it shall be considered an integral part of the main building; and
9.
Accessory dwellings shall not exceed 1,000 square feet of heated area.
c.
Standards for accessory buildings in residential zoning districts. Accessory buildings may be allowed in residential zoning districts pursuant to the following conditions:
1.
Detached accessory buildings shall be prohibited from being placed in front of the principal building and shall be placed in the rear or side yard.
2.
The minimum required side setback for the accessory building shall be observed for accessory buildings, and in accordance with the zoning setback regulations.
3.
Accessory buildings adjacent to a side street shall have a side yard not less than that of the primary structure.
4.
Accessory buildings shall not exceed two per lot or cover more than 50 percent of the lot.
d.
Standards for accessory structures in residential districts. Accessory structures may be allowed in residential districts under the following conditions:
1.
Private swimming pools, along with incidental installations such as pumps and filters, may not be located in the front yard. A pool shall be set back a distance of not less than five feet from all lot lines, except that a pool that is elevated more than four feet above the average natural ground level at the nearest property line shall comply with required building setbacks.
2.
Clothing drop box, shall be constructed on a paved surface and not to exceed six feet in height, four feet in width, and four feet in depth. boxes shall be lockable, signage that shows owner/sponsor, their address and phone number. An additional sign must be labeled with "No Dumping".
3.
Private tennis courts shall not be constructed within 20 feet of any adjoining residential property line. Tennis court fences or walls shall not exceed 12 feet in height, and no lights for the tennis court shall be permitted within 25 feet of any adjoining residential property line.
4.
Except as noted above, accessory structures shall comply with the minimum setback requirements established in the district.
(Ord. No. 1794, § 3, 7-23-2018)
Aviation fields and airports may be permitted subject to the issuance of a conditional use permit, and provided that the following conditions are satisfied:
a.
Plans of any aviation field or airport shall include all approach and departure paths as necessary to assure safe and adequate landing and take off area and shall be supplemented by an aeronautical study by the local airport district office of the Federal Aviation Agency (FAA);
b.
Adequate safety provisions shall be provided and indicated by plans which control or restrict access to the landing and take off areas by the general public; and
c.
Landing and take off areas shall be surfaced in such a manner as to avoid the blowing of dust or dirt onto neighboring property.
(Ord. No. 1794, § 3, 7-23-2018)
Animal exhibits and zoos may be permitted subject to issuance of a conditional use permit, and provided that the following conditions are satisfied:
a.
The application for a conditional use permit must contain or be accompanied by the following information:
1.
Copies of all federal and state permits that are required by law;
2.
A copy of the bill of sale or receipt for the purchase of each animal;
3.
A complete and detailed description and diagram of the confinement space proposed for each animal;
4.
Reserved;
5.
A list of the animal species to be displayed at the facility;
6.
Written proof that a veterinarian licensed as such by the state has committed to the owner to provide care to the animal and to advise the owner regarding its care;
7.
Proof of insurance, together with an underwriting memorandum stating knowledge of the exposure that will protect the public against bodily injury or death caused by the animal, providing for limits of $1,000,000.00 per person, per occurrence and for notice to the Director within 30 days of its cancellation or renewal; and
8.
In addition to other standards for the grant or denial of a conditional use permit, a permit may be denied for failure to satisfy any submittal requirement and for failure to provide a safe and sanitary confinement space for each animal.
b.
The animal exhibit or zoo shall located on a parcel of land not less than two acres in size.
c.
The animal exhibit or zoo shall not be located within 500 feet of any residential zoning district or any existing dwelling.
d.
The following screening and landscape buffering shall be provided between any animal cages or other structures and any adjacent residential district or dwelling:
1.
A landscaped opaque wall or fence at least six feet in height; and
2.
A natural, wooded or planted bufferyard of at least ten feet in width for each 25 animals of greater than 40 pounds in body weight. For purposes of this section, the bufferyard shall include at least four trees and 16 shrubs for every 1,000 square feet of required landscape area.
e.
Outside lighting shall be shielded so that the light source is not directly visible to adjacent residential property.
f.
The behavior of the type and/or number of animals owned or maintained by the applicant shall not infringe on the enjoyment of any existing adjacent residential use in terms of noise, odor, safety or aesthetics.
g.
The applicant shall register exotic or wild animal(s) as required by state law.
h.
Permission for this use may be revoked by the city council if the animal(s) become(s) a nuisance or a danger to any person, or if any condition of approval of the permit is violated, or if any other law or lawful rule is violated, or if the health, safety, and welfare of the public are threatened.
(Ord. No. 1794, § 3, 7-23-2018)
a.
In all districts in which bed and breakfast inns (B&B) are permitted, the following standards shall apply:
1.
All applicable local, state and federal requirements must be satisfied.
2.
Cooking facilities shall be limited to microwave and refrigerator.
3.
In addition to required residential parking, one off-street parking space shall be provided for each guest room.
b.
In A and RS zoning districts, common dining areas may be leased for social events, provided that off-street parking is provided, for a meeting/reception area, pursuant to section 24006.7.
c.
In all other residential zoning districts, common dining areas shall not be leased for social events.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally.
1.
The applicant for a permit to establish a child care facility must provide sufficient proof that the proposed use will comply with all state and city regulations.
2.
A child care facility shall be located on a site that will accommodate and provide space for an off-street passenger loading zone to provide for the safe delivery and pick-up of passengers, in addition to applicable parking requirements.
3.
The outdoor play areas of a child care facility shall be enclosed with a fence, which shall be built and maintained to a minimum of four feet in height. No play areas shall be permitted in the required front yard.
b.
Family day care home. A family day care home, as defined by state law, shall be registered and licensed, by the state and city, as applicable and required by law.
1.
All facilities shall provide an enclosed outdoor play area.
2.
Any family day care home providing care to more than five non-resident children shall be required to obtain a conditional use permit.
c.
Group day care home and child day care center.
1.
A group day care home providing care for up to 20 children or a child day care center, as defined by state law, shall be registered and licensed, by the state and city, as applicable and required by law.
2.
A group day care home providing care for up to 20 children or a child day care center shall be located on a site that will accommodate and provide space for an off-street passenger loading zone and circular drive to provide for the safe delivery and pick-up of passengers, capable of accommodating two cars for every ten children, in addition to applicable parking requirements, pursuant to section 24006.7.
3.
A group day care home providing care for up to 20 children or a child day care center shall provide a Type B bufferyard along all property lines abutting any residential use, pursuant to section 24006.11.
(Ord. No. 1794, § 3, 7-23-2018)
These uses shall be located on a roadway designated as a collector or minor arterial, shall obtain all required state, county and city licenses, and shall comply with all conditions of said licenses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
The purpose of these conditions is to protect the state's environmental resources by regulating the siting and operation of a composting facility, while encouraging resource recovery and recycling. This section does not apply to yard waste composted on the parcel on which the yard waste was generated.
b.
Prior to commencing site preparation for this composting facility, all necessary permits must be obtained from the director and all applicable local, state, and federal governmental agencies and authorities, and thereafter, before any alteration is site preparation, construction or operation is done, any such alteration must be approved by the director and all necessary permits obtained from the various governmental authorities.
c.
No wastes permitted to be composted shall be accepted at the site until after the site has been fully prepared, inspected by the director, and the site made fully operational for composting.
d.
Yard wastes, municipal solid wastes, sewage sludge, agricultural wastes and other materials, as defined and permitted pursuant to state and federal regulations, may be accepted at the composting facility. No clean fill, solid waste, treated or untreated bio-hazardous waste, or any waste of any nature other than permitted compost waste shall be accepted at the composting site or utilized in the composting process.
e.
There shall be no discharge of air pollutants which causes objectionable odors to surrounding property owners.
f.
No compost shall be used as fill material in any natural or artificial body of water, open sinkhole, or de-watered pit.
g.
The composting facility and site shall have sufficient support for the composting operation.
h.
Information to be filed with the director upon application for the required conditional use permit shall include compost facility design, operation, and closure plans, and such plans shall include:
1.
Maps and available aerial photographs showing significant features of the proposed site area.
2.
Site plans which show dimensions and details of proposed structures and areas involved in receiving, processing, producing, curing, storage, and fencing of materials taken onto and removed from the proposed facility.
3.
Topographic maps which indicate original and proposed land contours, placements of roads, structures, and drainage control measures.
4.
A report which addresses:
(a)
Facility capacity;
(b)
Available detail concerning materials to be received;
(c)
Anticipated source of materials to be received; and
(d)
Additives to be used in the composting process, and discussion of the potential environmental impacts of additives.
5.
Stormwater management plans and designs for preventing runoff from entering or leaving the process areas of the facility and for managing stormwater which comes into contact with the composted material.
6.
Liner installation plan which addresses:
(a)
Areas and operations where liners will be installed;
(b)
Materials and construction specifications; and
(c)
Testing procedures.
7.
A groundwater monitoring system which features, at minimum, one up-gradient and two down-gradient wells.
8.
Measures taken to ensure clean and orderly operations, including:
(a)
Barriers to prevent unauthorized entry or egress;
(b)
An all-weather access road;
(c)
Signs indicating operational hour and emergency information;
(d)
Dust control methods;
(e)
Control of operation-related litter;
(f)
Fire protection; and
(g)
Odor control measures.
9.
An operations plan which provides written instruction for the daily operation and maintenance of the facility, and which specifically addresses:
(a)
Designation of persons responsible for site operation and maintenance;
(b)
Equipment;
(c)
Controlling the entry point to ensure that only appropriate wastes are introduced into the facility;
(d)
Methods for quantifying incoming wastes;
(e)
Vehicle traffic control and loading;
(f)
Method and sequence for processing wastes;
(g)
Operation of leachate and stormwater control systems;
(h)
Interaction with backup receiving or disposal areas; and
(i)
Contingency plans for such occurrences as natural disasters, equipment failures, or receipt of inappropriate materials.
10.
A site closure plan which addresses:
(a)
Estimated useful life of the facility;
(b)
Closure plans, which may be in narrative form and/or sketch form, subject to all applicable agency reviews at time of closure; and
(c)
Assurance of financial capability to complete closure plans.
i.
The design features, as approved by the Director, of the composting facility shall be properly maintained.
j.
The composting facility shall be properly staffed and equipped to ensure that:
1.
An attendant is on site during those hours when permitted wastes are to be received.
2.
Communications systems are in operation in all facilities for use in the event of an emergency.
k.
Incoming permitted wastes shall not be mixed with finished compost which is ready to be used or sold. Prevention of the reintroduction of weed seed, pathogens and waste to finished compost shall be handled in the following manner:
1.
At least one-half the finished compost will be used or sold for use each year.
2.
The amount of compost stored at the facility shall not exceed the design capacity.
3.
All yard waste received at the facility shall be confined to a delivery storage area, where it shall be monitored before further processing:
(a)
Yard wastes which will not be composted must be removed from the facility at least monthly; and
(b)
Yard wastes and non-yard wastes which are not to be composted must be removed to a licensed landfill within 72 hours.
4.
The temperature of composting material shall be monitored on a daily basis at a depth approved by the director.
5.
When the facility is closed, all residuals, wastes, and recyclable materials shall be removed from the site and recycled or disposed of in a proper manner.
l.
Two down-gradient wells and one up-gradient monitoring well shall be installed at the facility at sites approved by the director. Surface elevations and depth to groundwater will be used to determine "up-gradient" and "down-gradient" elevations.
m.
Prior to site preparation, initial groundwater sampling shall be conducted to establish baseline standards as is provided in these conditions. Thereafter, periodic sampling shall be conducted on a not less than quarterly basis during all phases of site preparation, construction, operation, and closing of the composting facility. Groundwater sample results shall be compared to Missouri Department of Natural Resources (MDNR) and federal drinking water standards.
n.
Sample results and log sheets showing all monitoring of the groundwater and composting process performed, the quantity and volume of waste received, the quantity and volume of compose produced, and the quantity, volume, and ultimate disposition of material screened from the landfill shall be maintained, and quarterly reports including all of this information shall be delivered to the director.
o.
Groundwater samples will be analyzed for the materials identified by the director.
p.
If the initial baseline water samples show the water quality for a particular parameter is at or less than the MDNR Clean Water Commission standard, then the MDNR standard shall apply that parameter to groundwater samples subsequently taken from the facility with adjustment by statistical methods as approved by the director. There shall be no exceedance of such standards in the groundwater samples periodically taken from the facility.
q.
If the initial baseline samples have levels greater than the MDNR standards and less than the US EPA standards, then the US EPA standards shall apply for that parameter with adjustment by statistical methods as approved by the director. There shall be no exceedance of such standards in the groundwater samples periodically taken from the facility. If initial baseline samples have levels of a particular parameter greater than both the MDNR standards and the US EPA standards, then no statistically significant contamination of the aquifer shall be permitted. Statistical methods for examining sample variation will be allowed, upon approval of the director.
r.
In addition to the requirements of this section, there shall be no deterioration of groundwater quality between the upstream monitoring well and the downstream monitoring wells. Downstream analytical results will be compared with upstream background levels. If these downstream results for any parameter exceed the upstream results, this will immediately be reported to the director. In addition, the laboratory analytical data will be reviewed for analytical problems such as contamination in the method blank or contaminant carryover between samples.
s.
If any exceedance cannot be explained after examining the analytical factors, the director may request additional sampling be performed to determine statistical significance of the data.
t.
Notwithstanding any other available testing or additional sampling of the groundwater, any exceedance of the standards set out above shall be grounds to close the facility and revoke this special use permit.
u.
The operator/applicant is responsible for all costs associated with the monitoring wells, sampling, testing, and interpretation of test results and reports to the director. An independent testing laboratory approved by the director with expertise in the field of water quality and groundwater standards shall be hired and paid for by the operator/applicant and laboratory reports shall come directly to the director with copies to operator/applicant.
v.
Sedimentation and runoff ponds and berms described in the site evaluation and operations plan submitted as part of the application for this conditional use permit and/or required building permit shall be designed and constructed under the supervision of a registered professional engineer.
w.
The composting operation shall be conducted at all times in compliance with all federal, state, and local laws and regulations including, but not limited to, those related to pollution of air and water.
(Ord. No. 1794, § 3, 7-23-2018)
a.
All indoor firing ranges and gun clubs shall be located at least 200 feet from any residential district or dwelling, and within a completely enclosed structure, designed to significantly prevent the escape of sound from the property.
b.
All outdoor firing ranges shall be located at least 1,000 feet from any residential district or dwelling, and on a site of at least ten acres.
c.
A solid fence, wall, berm or shield shall be provided behind all shooting areas, and be reviewed by the city police department.
d.
Facilities shall be designed to prevent projectiles from escaping the property.
e.
The location and type of facility shall be reviewed by the city police department.
f.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
g.
A Type D bufferyard shall be provided along all abutting property lines of outdoor facilities, pursuant to section 24006.11.
h.
Hours of operation for outdoor facilities shall be limited to 9:00 a.m. to 9:00 p.m.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Flea markets and swap meets shall be located on a roadway designated as a collector or arterial street.
b.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
c.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
d.
The event shall be conducted entirely on private property, with the consent and approval of the property owner.
e.
Any structure used in conjunction with the event shall meet all applicable zoning, health, safety and building code requirements. Any temporary structure used shall be promptly removed upon the cessation of the event.
f.
No more than one banner shall be displayed, and which shall be displayed for a maximum of 15 days. All other signage requirements are subject to section 24007.
g.
The flea market or swap meet shall be conducted at all times in compliance with all applicable federal, state, and local laws, regulations, permits and licenses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally.
1.
Access and off-street parking for group dwellings shall be provided subject to the requirements of section 24006.7.
2.
Landscaping, screening and bufferyards shall be provided as required for multi-family development pursuant to section 24006.11.
b.
Group home.
1.
A group home is a residential care facility, providing 24-hour care, in a protected living arrangement, for not more than six residents with physical or mental disabilities.
2.
The group home shall be approved or licensed by the state and city, as applicable and required.
c.
Group quarters.
1.
Group quarters are a building or structure used as a place of residence by more than six unrelated persons who share the living accommodations and do not occupy independent dwelling units. The provisions of this section do not apply to group homes as described above.
2.
Group quarters shall:
(a)
Be designed for and limited to residents with minimal needs for supervision or medical care, if located in a residential district;
(b)
Be located so that emergency vehicles do not need to drive on minor residential streets to access such facilities;
d.
Nursing homes and convalescent hospitals.
1.
These uses shall be located on a Pleasant Hill roadway designated as a collector or minor arterial.
2.
Building coverage shall not exceed 40 percent of the lot or parcel.
3.
Seventy square feet of open space, which may be utilized for recreational use or landscaping/screening, shall be provided for each bed.
4.
For the purposes of determining bufferyard requirements pursuant to section 24006.11, these uses shall be considered commercial uses.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Generally. A hazardous waste facility may be authorized within an HI district, pursuant to a conditional use permit and subject to the conditions of this section and any additional conditions established pursuant to the conditional use permit.
b.
Location.
1.
No part of the active portion and closed portion of a hazardous waste facility shall be within one air mile of any occupied dwelling place or house, any school or educational institution, any hospital or sanitarium, or in any area that poses a substantial or imminent danger to human life or health.
2.
No hazardous waste facility shall be located within:
(a)
A wetland;
(b)
A 100-year floodplain;
3.
A 600-foot buffer zone shall be established between the perimeter of the active portion and closed portion of the hazardous waste facility and all boundary lines of the facility. Within said buffer zone, trees, shrubs and suitable vegetation shall be planted and landscaping provided to fully obscure, to the extent feasible, any view of the facility from public roadways and adjacent public or private properties at all times of the year, as to maintain, preserve and enhance the environmental integrity of the surrounding area.
4.
A minimum separation of 500 feet shall be maintained between any part of the active portion of the hazardous waste facility and any existing pipeline, underground utility, or underground electrical transmission line right-of-way or easement.
c.
Facility access.
1.
A permanent sign shall be posted at each facility entrance identifying the official name of the facility.
2.
Access to the proposed hazardous waste facility shall be limited to normal operating hours. Attendants or operating personnel shall be present at the facility during normal operating hours.
3.
Access to the proposed hazardous waste facility by unauthorized vehicles or persons outside of normal operating hours shall be prohibited. Entrance gates and fencing shall be erected to prevent access to the facility during hours when the facility is not open to the public. Gates shall be kept locked except during those times when an attendant or equipment operator is on duty. Upon request, operators shall provide access keys to entrance gates for emergency personnel. The hazardous waste facility shall be completely enclosed by chain-link fencing, or such other durable fencing as may be approved by the city council, which fencing shall be not less than ten feet in height. All fencing shall be setback at least 25 feet from the property line.
4.
All access roads from the entrance and exit of the proposed hazardous waste facility to any public thoroughfare shall be paved with asphalt or concrete, curbed, and provided with a base capable of withstanding anticipated load limits, and shall be constructed and maintained in such a manner so as to minimize tracking or carrying of mud, dirt or debris onto any dedicated thoroughfare by any vehicles using the proposed hazardous waste facility. A road maintenance bond in an amount sufficient to ensure road maintenance may be required as a condition of permit approval.
d.
Operations plan. A conceptual report describing the proposed hazardous waste facility shall be prepared and submitted by a professional engineer licensed in the state. Required information shall include the following:
1.
A description of the planned method of operation of the proposed facility;
2.
A description of the technology underlying the proposed operational methodology;
3.
A description of all equipment which will be used to manage hazardous waste at the proposed facility;
4.
The expected or projected life of the proposed hazardous waste facility including a statement of any assumptions used in determining such projections;
5.
A traffic analysis estimating vehicle trips, by type of vehicle, to be generated by the proposed facility, including average daily trips, a.m. peak hour trips, and p.m. peak hour trips;
6.
A site plan shall be drawn to scale of not to exceed 200 feet to the inch and shall include and depict, at a minimum, the following information:
(a)
Name and address of record of landowner and architect/engineer/surveyor;
(b)
Date, north arrow and scale;
(c)
Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.);
(d)
Size, use and location of existing and proposed structures and drives on the subject property;
(e)
Location of floodplain areas subject to flooding and centerlines of drainage courses;
(f)
Location of proposed drives and parking area including location, number and dimensions of parking spaces;
(g)
Property lines;
(h)
Location of existing and proposed landscaping and screening.
7.
A map to a scale of not to exceed 2,000 feet to the inch with ten-foot contour intervals shall be provided and shall include and depict, at a minimum, the following information as it pertains to the area within one air mile of the proposed facility boundaries:
(a)
Original contours;
(b)
Original surface water drainage patterns;
(c)
Location of disposal facility and facility boundary lines;
(d)
Actual and proposed access roads;
(e)
Major sink holes within the map area; and
(f)
Occupied permanent residential dwelling houses or units within one air mile of the facility boundary lines.
e.
Federal and state compliance. A proposed hazardous waste facility shall comply with all applicable federal and state regulations and copies of all federal and state permits issued to the facility shall be submitted to the director.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Purpose and intent. The purpose of this section is to permit home occupations which will not change the character of adjacent residential areas. The intent of these zoning regulations is to conserve property values, as well as protect residential neighborhoods from excessive noise, excessive traffic generation, nuisances, health and safety hazards which may result from a home occupation conducted in the residential zones.
1.
No-impact home-based businesses. No-impact home-based business shall be permitted in all residential districts and in accordance with and subject to the restrictions and limitations of this chapter. No other business may be operated in a residence at any time. The term "home occupation" when used in this Code shall be interpreted to mean home-based business.
2.
Definitions. As used in this chapter, the following terms shall have the meanings provided below:
a.
Goods [means] any merchandise, equipment, products, supplies, or materials;
b.
Home-based business is a business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
c.
No-impact business means a home-based business that:
1.
Is engaged in the sale of lawful goods and services; and
2.
Does not cause a substantial increase in traffic through the residential area; and
3.
The activities of the business are not visible from any public street; and
4.
Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located; and
5.
Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the department of health to inspect the business during normal business hours or at any other time that the business is operating.
b.
Performance standards. All home occupations must comply with the following performance standards:
1.
The use of the dwelling unit as a home occupation shall be deemed to be clearly incidental and subordinate to its use for residential purposes if the home occupation occupies less than 25 percent of the square footage floor area of the residence.
2.
Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multifamily structure shall not be permitted.
3.
No electric devices may be used in any home occupation which may cause electrical interference or create visual and audible interference in any radio or TV receivers in violation of FCC standards, or cause fluctuations in off-site line voltages.
4.
Except in the A and RS zoning districts, no on-premise advertising for the home occupation shall be allowed. Window areas must not purposely or intentionally be used as display areas or to offer merchandise for sale. In the A and RS zoning districts, a six square foot sign advertising the home occupation shall be permitted. No home occupation sign shall be located within a street right-of-way.
5.
The owner or operator must provide adequate parking for the no-impact home-based business. Parking for the no-impact home-based business may include the driveway or garage of the residence or a paved parking area located behind the front plane of the residence. Parking generated by the conduct of a home occupation shall be subject to one off-street parking space per 300 square feet of home occupation business space.
a.
Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.
b.
If the owner, operator, family members of the owner or operator, employees, clients, or customers routinely park in other locations on the street(s) adjoining the residence, the business shall not be considered a no-impact home-based business. For the purposes of this section, the term "routinely" shall mean more than twice in a given seven-day period.
6.
The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time.
c.
Licenses and permits.
1.
No permit shall be required to operate a no-impact home-based business, however, a business operating in a residence shall be presumed not to qualify as a no-impact home-based business unless the owner or tenant provides an affidavit, on a form approved by the city clerk stating that the business in question is qualified. No fee shall be charged for the filing of such an affidavit. The affidavit shall contain, at a minimum, the following:
a.
The name of the owner or tenant.
b.
The address of the residence.
c.
The general nature of the business, including whether the business is subject to health inspections. If the business is subject to health inspections the affidavit must have consent for inspections attached.
d.
The maximum occupancy of the residence and a statement that the maximum occupancy will not be exceeded. It shall be the duty of the affiant to obtain this number from the fire department and provide proof of the same with his or her affidavit;
e.
That the business qualifies as a no-impact home-based business.
f.
A statement that the affiant is familiar with the provisions of this chapter and will comply with the same.
2.
No-impact home-based businesses and other home occupations shall be required to have a business license.
3.
Businesses operated in a residence, which do not qualify as a no-impact home-based business must have a conditional use permit from city council.
d.
Penalties. Any person who operates a business in violation of this article shall, upon conviction, be subject to a fine of not less than $100.00 and up to 90 days in jail or both. Each day of violation shall be considered a separate offense.
(Ord. No. 1794, § 3, 7-23-2018; Ord. No. 1919, § 1, 6-12-2023)
a.
Purpose. A manufactured home subdivision is intended to provide an appropriate development site for manufactured homes, giving the surrounding land uses and neighborhood. The manufactured home subdivision is intended to promote affordable housing consistent with the provisions of the comprehensive plan.
b.
Development of a manufactured home subdivision shall comply with the standards established in the table below, in addition to design standards established in section 24006.
c.
Manufactured housing foundations shall comply with the International Conference of Building Officials "Guidelines for Manufactured Housing Installation," as may be amended.
MH Park Design Standards
1. Minimum setback. May be increased to same requirements as zoning district in which MH Park is located.
2. Unless located adjacent to a residential district, upon which 30 feet setback is required.
d.
All manufactured homes installed within the park shall be anchored to the ground by means of anchors attached both to the frame and with straps extending over the top and completely surrounding the sides and roof, consistent with Missouri Manufactured Home Commission Standards and the International Codes Council Building Code guidelines. Anchor design shall be approved by the Director prior to installation and shall comply with all requirements of the state. In addition, test data giving certified results of pull tests in soils representative of the area in which the anchors are to be used shall be submitted to the director. Minimum load in direct pull shall be 5,400 pounds. Anchors shall be marked so that after installation, the identification is in plain view for inspection.
e.
Each manufactured home subdivision shall provide sufficient and adequate number of shelters from severe storms. Shelters shall be placed at such intervals within the park to ensure maximum safety for residents during times of severe storms. Design and location of such shelters shall be determined at the time of plan approval, but in no case shall the construction of the initial phase of a manufactured home subdivision be allowed to proceed without the concurrent construction of appropriate shelters.
f.
All streets within the park shall be improved to standards for residential streets. There shall be at least two street or drive openings into the park providing ingress and egress. All private drives shall be not less than 24 feet in width, having portland cement curbs, and be surfaced with at least six inches of compacted stone base with two inches of hot mix bituminous concrete as the surface course, or the equivalent, as determined by the director.
g.
Each manufactured home shall be located so that no part of one home structure, including canopies, awnings, carports and other protrusions, is closer to the property line than the required setbacks.
h.
Each manufactured home subdivision shall have not less than two trees of two and one-half inch caliper per space, located on the space or within a required yard.
i.
Park and playground space shall be provided for occupants of the manufactured home subdivision on the basis of 300 square feet for each space in the park. Such playground space shall be separate and in addition to the open space required for each mobile home space, and shall be equipped and maintained for the use of the residents of the park. All park and playground space shall comply with the city's adopted building safety codes. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area. A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project, and all recreational facilities shall be constructed by the time the project is 75 percent developed.
j.
All liquid wastes shall be disposed of through a sanitary sewer system and treatment facility, the plans of which shall be approved by the director prior to construction. All solid waste shall be disposed of by accumulation in closed containers, and removed at regular intervals.
k.
All power and telephone lines shall be underground and shall be in compliance with standards of the utility corporation involved.
l.
The site of the park shall be graded so that surface water will not accumulate, but will run off in a manner that will not adversely affect the residential character of the park or adjacent property. The proposed drainage system shall be approved by the director prior to construction of streets or other portions of the park.
m.
On-site outdoor laundry space of adequate area and suitable location, shall be provided if park is not furnished with indoor dryers. Where outdoor drying space is required or desired, individual clothes drying facilities on each site of the collapsible umbrella type of hanging apparatus shall be allowed, with park management providing a concrete-imbedded socket at each site.
n.
Each manufactured home subdivision shall include similarly designed enclosed storage structure of structures suitable for storage of goods and the usual effects of the inhabitants of such park. Such storage space should not be less than 150 cubic feet for each mobile home site or in common structure with individual lockers.
o.
An all-weather hard surfaced outdoor patio area of not less than 180 square feet shall be provided at each manufactured home site, conveniently located to the entrance of the home and appropriately related to open areas of the lot and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of a mobile home.
p.
Canopies and awnings may be attached to any manufactured home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the director, before such enclosure can be used for living purposes.
(Ord. No. 1794, § 3, 7-23-2018)
Pawnshops and short-term loan establishments may be authorized as conditional uses in districts CO and C1 only, subject to the following conditions:
a.
No such establishment shall be permitted with 1,000 feet of any church, school, daycare facility, public park or hospital.
b.
No such establishments shall be permitted within 500 feet of any residential district of use.
c.
Separation of distances shall be measured from property line to property line.
d.
Any such establishment may be permitted only as a principal use of a property and may not be accessory to any other use. No such establishment may operate any accessory uses.
(Ord. No. 1794, § 3, 7-23-2018)
Quarries, mines, and sand and gravel pits may be authorized as a conditional use under the following conditions:
a.
Surface and subsurface rights are in single ownership or under unified control or surface rights are dedicated to public use and subsurface rights alone are retained for mining and subsequent use.
b.
No activities shall be conducted upon the surface of such mine or mined-out area other than those specifically permitted.
c.
Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four sides to a height of at least eight feet. No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area. Such facilities shall observe the height and yard requirements of respective zoning district regulations.
d.
A plan of operation indicating the extent of the area proposed to be mined accompanied by profiles describing any proposed subsequent use of the mined-out areas shall be included with the site plan submitted to the director.
e.
Blasting shall be restricted to the hours between 7:00 a.m. and 6:00 p.m.
f.
There shall be no blasting within 500 feet of the boundary line.
g.
There shall be not more than one entranceway from a public road to said lot for each 660 feet of front lot line.
h.
All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential use subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.
i.
Blasting shall be conducted so that vibration does not exceed 0.25 inches per second as measured by seismographic tests at adjacent, abutting and opposite property boundary lines; seismographic tests shall be conducted by and bear the seal of a registered professional engineer or a certified professional geologist.
j.
Seismograph reports of monthly tests shall be submitted to the director monthly; and daily blasting schedule and seismograph reports shall be available for inspection by the director; additional seismograph tests and reports may be required upon written complaint by an affected property owner and such tests and reports shall bear the seal of a registered professional engineer or a certified professional geologist.
k.
No blasting shall be conducted when the atmospheric conditions are such that sound or shock waves are easily conducted or transmitted, such as occur when there is a condition commonly known as a temperature inversion.
l.
All surface preparation for underground mining shall be completed within 24 months of issuance of permit. Extensions may be granted upon specific appeal to the city council.
m.
Sedimentation ponds and berms, as described in the site evaluation and operations plan submitted as part of the application for a conditional use permit, shall be designed and constructed under the supervision of a registered professional engineer, prior to any site preparation or mining.
n.
All points of ingress and egress shall be limited to arterials and collectors and shall be approved prior to construction in accordance with city or state highway department regulations and requirements, as applicable.
o.
The operator shall be required to file an annual status report with the director concerning all surface and subsurface development and a survey of the extent of subsurface development and a survey of the extent of subsurface mining operations, certified by a registered land surveyor.
p.
The quarrying operation shall be conducted in compliance with all existing federal, state and local laws and regulations including but not limited to those related to the pollution of air and water.
q.
The operator shall be required to implement and conform to all plans, specifications and provisions filed as a part of the application.
r.
Only biodegradable additives shall be used in the wetting agent which shall be applied at the primary and secondary crushing facilities and transfer points. Stock piles of rock and truck loads shall also receive wetting treatments sufficient to minimize airborne particulates.
s.
The permit is further subject to all requirements of the state department of natural resources which are made a part hereof as though set out in their entirety.
t.
A traffic impact analysis shall be provided to the director, in accordance with section 24006.6.
u.
Restoration plan required.
1.
The operator or operators shall file with the director a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, proposed final topography indicated by contour lines of not greater interval than five feet, steps which shall be taken to conserve topsoil; the type and number per acre of trees or shrubs to be planted; and the location of future roads, drives, drainage courses, and/or other improvements contemplated.
2.
The restoration plans shall be filed with and approved by the director before quarrying or removal operations shall begin. The plans shall be certified by a soil or geology engineer. In restoration, no filing 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.
3.
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 to an approved restoration plan.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Recreational facilities and amusement parks are defined pursuant to section 24002.
b.
No cabin development or overnight parking of trailers or lodgings shall be permitted on the premises.
c.
These uses shall be located at least 50 feet from a public right-of-way and at least 200 feet from any dwelling.
d.
These uses shall be located on a roadway designated as a collector or minor arterial.
e.
Access and off-street parking shall be provided subject to the requirements of section 24006.7.
f.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Purpose. A recreational vehicle park or travel trailer park is provided to offer temporary residential opportunities in conjunction with recreational and social centers designed to provide a significant portion of the recreational and social needs of the occupants of the park.
b.
Development of a recreational vehicle or trailer park shall comply with the standards established in the table below, in addition to the design standards established in section 24006.
RV/Travel Trailer Park Design Standards
c.
A Type D bufferyard shall be provided along all abutting property lines, pursuant to section 24006.11.
d.
Open storage of materials or belongings other than boats, trailers, automobiles or operational vehicles is prohibited.
e.
Each space should be provided water from a centralized water system; sewage disposal from a centralized community sewage disposal system; and electricity.
f.
Each space shall have a graveled or paved parking pad.
g.
If provided, barbecue pits or fire rings and related setbacks thereof shall be subject to approval by the governing fire protection district.
h.
Sufficient sanitary facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks in a clean, efficient and convenient manner.
i.
Each RV/Trailer park shall provide shower and restroom facilities for males and females.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Salvage, dismantling or recycling uses as accessory uses or as principle uses shall require issuance of a conditional use permit pursuant to section 24003.21.
b.
Storage and work areas must be screened by an opaque eight feet tall fence from all surrounding uses and all roadways, or be located within a completely enclosed building.
c.
Unusable items shall be disposed of and not allowed to collect on the premises.
d.
All tires not mounted on a vehicle shall be neatly stacked or placed in racks.
e.
No garbage or other putrescent waste, likely to attract vermin, shall be kept on the premises.
f.
Gasoline, oil or other hazardous materials which are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable local, state and federal regulations.
g.
All outdoor storage which occupies a volume of more than 150 cubic feet shall comply with the following:
1.
No such storage shall be placed or maintained within a required yard setback.
2.
Such stored items shall not project above the screening.
3.
All screening shall be installed in a professional and workmanlike manner, and maintained in good condition.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Temporary construction buildings. Temporary buildings, structures and building material storage areas may be used for construction purposes on a site in any district which is not yet occupied. Such buildings may be permitted for a specific period of time in accordance with the building permit issued by the director, subject to periodic renewal for cause shown. Temporary buildings and building material storage areas shall be removed prior to the issuance of a certificate of occupancy.
b.
Temporary sales/special events. These uses are permitted, upon approval by the director, subject to the following conditions:
1.
No booths, stalls or other display areas shall be placed or maintained within any required setback area.
2.
Off-street parking shall be provided at the ratio of one and one-half spaces per booth or stall, and meet other applicable standards of section 24006.7.
3.
Approved sanitary facilities shall be provided on-site.
4.
All items for sale shall be stored indoors, or within an approved screened storage area, or removed from the site at the close of each business day.
5.
Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.
6.
No storage of items other than those available for sale shall be stored on the premises, unless confined within an approved, screened storage area.
(Ord. No. 1794, § 3, 7-23-2018)
a.
The regulations and requirements of this section are intended to provide for the location and development of commercial broadcast, non-commercial residential, and amateur radio service telecommunications towers, antennas and antenna supporting structures. All references to height include antennas, support structures and all appurtenances measured from ground level to the highest point of said structures.
b.
In addition to any regulations set forth in Federal Communications Commission (FCC) regulations, Federal Aviation Administration (FAA) regulations, or the statutes of the state, all antennas and antenna supporting structures shall meet the following minimum regulations.
c.
Commercial antennas.
1.
Antennas shall be set back from property lines a distance equal to or greater than one-half the height of the antenna and supporting structure. Height regulations for commercial antennas shall be the same as those for non-commercial antennas provided in subsection d.
2.
Antennas, guy wires, guying anchors, electrical equipment and energy transfer components shall be installed according to manufacturers' specifications using sound engineering and safety practices.
3.
An applicant for a building permit for a commercial antenna system shall provide an engineering report specifying the following information:
(a)
Detailed structural plans for the antenna and the support system; and
(b)
An engineer's certification that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the Federal Communications Commission (FCC). An antenna radiation pattern shall be included for each antenna, along with directional data concerning the pointing of any directive antennas.
d.
Non-commercial antennas.
1.
All authorized non-commercial antennas and antenna support structures, except those specifically in the amateur radio service, shall comply with applicable FCC and FAA regulations and meet the following standards:
(a)
A building permit shall be required for any antenna or antenna supporting structure extending more than 35 feet above the ground level and any freestanding antenna or antenna supporting structure extending more than 25 feet above ground level. The director may require submission of documentation to verify compliance with any specific applicable building or electrical code(s). When a building permit is denied, the applicant shall be furnished with a statement of the reason(s) for denial.
(b)
Antennas and supporting structures shall be installed in a manner that meets or exceeds manufacturer's installation instructions.
(c)
Antennas and supporting structures shall be installed so as to prevent safety hazards to persons on or off the property under any circumstances which reasonably can be anticipated.
(d)
Antennas and supporting structures shall not be erected in required building setback areas unless authorized by a conditional use permit.
(e)
Guy wires shall not extend into any required street yard.
2.
In A and RS zoning districts, up to four exterior antenna structures are authorized as accessory uses, subject to the following additional regulations:
(a)
The height shall not exceed 75 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum building setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back the greater of 50 feet or one-half the height of the antenna and support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel, provided that the antennas shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Have any signage legible from any property line.
3.
In RS, R1 and CO zoning districts up to two exterior antenna structures may be permitted, subject to the following additional regulations:
(a)
The height shall not exceed 40 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back the greater of 20 feet or one-half the height of the antenna and antenna support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel, provided that the antenna shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Have any signage legible from any property line;
(5)
Be located in the front yard or required street yard.
4.
In C1 and M1 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(a)
The height shall not exceed 60 feet unless specifically authorized by a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the districts. Antennas that are greater than 40 feet in height shall be set back a distance equal to or greater than one-half the height of the antenna or antenna support structure.
(c)
One TV Receive Only (TVRO) satellite dish antenna and one Direct Broadcast System (DBS) satellite antenna are permitted per lot or parcel provided that the antenna shall not:
(1)
Exceed 12 feet in diameter for TVRO or three feet for DBS;
(2)
Exceed 15 feet above ground if ground mounted;
(3)
Exceed 35 feet above ground if roof or pole mounted;
(4)
Be located in the front yard or required street yard.
5.
In M1 and M2 zoning districts, antennas and support structures are authorized as accessory uses, subject to the following limitations:
(a)
The height shall not exceed 60 feet unless specifically authorized in a conditional use permit.
(b)
Antennas that do not exceed 40 feet in height shall meet the minimum setback requirements for the district. Antennas that are greater than 40 feet in height shall be set back a distance equal to or greater than one-half the height of the antenna or antenna support structure.
(c)
Satellite antennas shall not exceed 35 feet in height if pole or roof mounted unless specifically authorized in a conditional use permit.
e.
Amateur radio antennas.
1.
Due to the nature of the amateur radio service, the antennas and antenna supporting structures are many and varied. This service is strictly non-commercial and non-profit under FCC regulations as covered by FCC Regulations in Part 97.
When proposed amateur radio service antennas do not comply with the regulations established in this section, the antenna shall be subject to the conditional use permit provisions of section 24003.21, with conditions being established in accordance with the guidelines set out under FCC Part 97.
2.
All authorized amateur radio service antennas shall comply with applicable FCC and FAA regulations and meet the following additional standards:
(a)
Antennas and supporting structures shall be set back a distance of at least one-half the height of the structure. A building permit shall be required for free-standing antenna structures exceeding 25 feet in height or antenna support structures exceeding 35 feet which are attached to a building. The director may require submission of documentation to verify compliance with specific building and electrical codes. When a building permit is denied, the applicant shall be furnished with a statement of the reasons for denial.
(b)
Antenna support structures shall be installed in a manner that meets or exceeds manufacturers' installation standards. Home built antenna support structures shall follow sound engineering practices as referenced in applicable documents such as those of the American Radio Relay League or other recognized engineering texts.
(c)
Guy wires may not extend into any required street yard.
(d)
In the A district:
(1)
A conditional use permit shall be required for any amateur radio service antenna or support structure exceeding 100 feet in height.
(2)
Not more than eight exterior antenna support structures shall be permitted on any parcel, except as approved subject to a conditional use permit.
(e)
In the RS district:
(1)
No more than four exterior antenna support structures shall be erected except as approved subject to a conditional use permit.
(2)
Amateur radio service antennas or supporting structures over 75 feet may not be erected except as approved subject to a conditional use permit.
(f)
In the RS, R1 and CO districts:
(1)
No more than two exterior antenna supporting structures shall be erected except as approved subject to a conditional use permit.
(2)
Amateur radio service antenna and support structures shall be limited to 40 feet except as approved subject to a conditional use permit.
(g)
In the R1, C1, LI, and M1 districts, amateur radio service antennas and supporting structures shall be treated as any other commercial antenna or supporting structure.
(Ord. No. 1794, § 3, 7-23-2018)
a.
Upon application for the construction or use of utility transmission line structures, the applicant shall provide data pertaining to electromagnetic field radiation (EMF) rates for the structure(s).
b.
Utility transmission lines are permitted subject to the following conditions:
1.
In the A and RS zoning districts, electric and magnetic radiation shall not exceed two milligausses (mG) as measured at the nearest dwelling.
2.
In all other residential zoning districts, electric and magnetic radiation shall not exceed two mG as measured at any residential property line.
3.
Electric and magnetic radiation shall not exceed two mG as measured at the boundary of all school properties and active recreation areas.
(Ord. No. 1794, § 3, 7-23-2018)
Above-ground water storage tanks, sewage pumping stations, telephone relay towers, renewable energy systems, electric regulating substations and similar utility/ communications structures shall comply with the following standards:
a.
Facilities shall be located at least 50 feet from any residential structure;
b.
The director may require facilities to be secured by a fence.
c.
Telephone exchange stations in residential districts shall be limited to unmanned facilities, and shall provide at least two parking spaces for service vehicles.
(Ord. No. 1794, § 3, 7-23-2018)
These uses are permitted, upon approval by the director, subject to the following conditions:
a.
No structures or display areas shall be placed or maintained within any required setback area.
b.
The application for a conditional use permit shall be accompanied by copies of all required city and state licensing and inspection forms pertaining to food and beverage preparation and sale.
c.
Approved sanitary facilities shall be provided on-site if food or drink are provided for consumption on the premises.
d.
All items for sale shall be stored indoors, or within an approved screened storage area.
e.
Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
f.
Off-street parking shall be provided at the ratio of one space per 200 square feet of floor area open to the public.
g.
These uses shall be considered commercial uses when determining bufferyard requirements pursuant to section 24006.11.
h.
Signage shall comply with section 24007.
i.
These uses shall directly access a collector or arterial street.
(Ord. No. 1794, § 3, 7-23-2018)
Editor's note— Ord. No. 1907, § 3, adopted March 13, 2023, repealed the former section 24005.25 in its entirety, which pertained to medical marijuana uses, and derived from Ord. No. 1823, § 4, adopted August 12, 2019.