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Riverside City Zoning Code

ARTICLE V

Additional Regulations "Conditions"

Section 400.430 Additional Regulations ("Conditions") for Residential Uses Allowed in Residential and Planned Districts.

[R.O. 2011 §400.430; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §20, 5-15-2007]
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table.
A. 
Animals. The keeping of animals shall be permitted in accordance with the following provisions:
1. 
Wild or exotic animals. Wild or exotic animals as defined in Chapter 205 of the City Municipal Code are prohibited.
2. 
Total number of animals. The total number of animals kept on an individual lot shall not exceed ten (10), unless otherwise provided for herein.
3. 
Age. Animals under the age of twelve (12) weeks shall not count towards the total number of animals kept.
4. 
Domesticated cats and dogs. The total number of domesticated cats and dogs kept on an individual lot shall not exceed five (5).
5. 
Livestock. Other animals that are primarily kept outdoors and are generally considered livestock including, but not limited to, horses, cows, pigs, chickens and goats, shall be subject to the following conditions:
a. 
Lands on which livestock may be kept. Livestock may be kept on any unplatted lot in a residential district provided the lot is a minimum of one (1) acre in size.
b. 
Size of livestock. If the livestock animal weighs more than ten (10) pounds, the number of that particular animal shall be limited to one (1) per acre.
c. 
Stables or structures for livestock. Private stables or structures for the keeping of livestock are permitted provided the lot is a minimum of one (1) acre in size and the stable is located a minimum of one hundred (100) feet from any side lot line and a minimum of thirty-five (35) feet from the rear lot line.
B. 
Day Care, Limited (1 — 10 Children). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 400.490(3) Home Occupations. The use shall follow and be in compliance with all applicable State regulations.
C. 
Group Home, Limited (1 — 7 People). Group homes shall be subject to the following standards only when located in a residentially zoned district.
1. 
Spacing. A group home shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured at the shortest distance between any portion of the structure where persons reside.
2. 
Exterior appearance. There shall be no alteration of the property and structure where the group home is located that will change the character thereof as property and structure within a single-family dwelling district if the group home is located in an "R-2" or more restrictive zoning district.
3. 
Neighborhood character. A group home constructed in an "R-1" or "R-2" District shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.
D. 
Modular Home. Modular homes shall comply with the following standards:
1. 
All applicable building code requirements shall be followed.
2. 
The structure shall be placed on a permanent foundation.
E. 
Multi-Family. Multi-family development shall be subject to the following design guidelines and standards.
1. 
Development plan review. Multi-family development shall be subject to development plan review in accordance with the procedures of Section 400.250 Development Plan Applications.
2. 
Natural features and environment. Each site should be designed to preserve natural features and environmental resources, such as:
a. 
Floodplains and drainage ways.
b. 
Bodies of water.
c. 
Prominent ridges and rock ledges.
d. 
Existing tree cover including tree masses, windrows and significant individual trees.
3. 
Cut and fill. Excessive cut and fill are unacceptable. The site plan should preserve the natural topography of the site.
4. 
Storm drainage facilities. Drainage facilities shall be so constructed as to protect those that will reside in the multi-family development, as well as the property owners adjacent to the multi-family development. Such facilities shall be of such capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the development and shall comply with all applicable City standards.
5. 
Building separation. All buildings shall be separated by a minimum distance of fifteen (15) feet.
6. 
Lot coverage. Each site shall be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.
7. 
Access. All multi-family residential developments must have direct vehicular access to collector, arterial or higher classification streets.
8. 
Open space. Open space shall be provided to meet active and passive use requirements of the neighborhood. At least ten percent (10%) of the total site area shall be set aside as common open space. The common open space area shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts and tot lots. Common open space may not be counted toward nor located in required zoning district setbacks.
9. 
Building clustering. Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area and not have the primary orientation directed toward the parking area.
10. 
Building orientation.
a. 
Individual buildings. Individual buildings should be oriented in a way that establishes neighborhoods and sub-neighborhoods.
b. 
Reduction of unusable open space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.
11. 
Vehicular circulation and parking.
a. 
Street layout. The layout of the streets should provide for an interconnected street network, which allows for the safe operation of vehicles within the development and surrounding neighborhood. Excessively wide streets encourage high speed traffic and should be avoided.
b. 
Parking area layout. Double-loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street.
c. 
Parking enclosures. Parking enclosures should be designed and sited so as to complement the primary structures and to provide visual relief from extensive pavement areas.
12. 
Pedestrian circulation.
a. 
Pedestrian safety. Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area.
b. 
Pedestrian access. Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities, such as recreation, services, mail and parking.
c. 
Landscaping details. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.
13. 
Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity. All landscape and buffer areas must conform to the requirements of Section 400.530 Landscaping and Buffering.
14. 
Architectural design. The architecture of multi-family housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.
a. 
Elongated sites with rectangular, double-loaded building footprints should be avoided. These designs typically lack interest and fail to create a strong sense of neighborhood.
b. 
The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest.
c. 
The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports and all accessory structures should maintain the same level of design, aesthetic quality and architectural compatibility.
d. 
Screening from the street of all outdoor refuse areas, ground-mounted mechanical equipment, utilities and banks of meters shall be provided. The screening of these items is to be architecturally compatible with major building components and should include landscaping.
F. 
Single-Family Attached. Single-family attached development shall be subject to the standards of the underlying zoning district, as modified by the following standards.
1. 
Lot width. Each single-family attached dwelling unit shall be located on an individual lot having a minimum width of fifty (50) feet.
2. 
Building coverage. Single-family attached dwelling units shall be exempt from the building coverage standards of the underlying zoning district.
3. 
Setbacks. No interior side setback shall be required on the "attached" side of a lot containing a single-family attached dwelling unit. The interior setback standards of the underlying zoning district shall apply to "end" units in a single-family attached development. End units are those that are attached to other dwelling units only on one (1) side.

Section 400.440 Additional Regulations ("Conditions") for Non-Residential Uses Allowed in Business and Planned Districts.

[R.O. 2011 §400.440; Ord. No. 2006-170 §1, 12-19-2006]
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table.
A. 
Accessory Residential. Accessory residential shall be subject to the standards of the underlying zoning district as modified by the following standards.
1. 
Residential uses shall be clearly incidental to the principal use.
2. 
Residential uses shall be located on the second (2nd) floor or above.
3. 
There shall be a separate outside entrance for the residential use.
B. 
Adult Entertainment Establishment.
1. 
Adult entertainment establishments shall be in compliance with the regulations of Chapter 620 of the City Municipal Code.
2. 
Business license. An application for an adult business license pursuant to Chapter 620 of the City Municipal Code shall be submitted simultaneously with the application for a special use permit.
3. 
Approved location. Adult businesses shall be permitted by special use permit in districts zoned "I" which are not a designated "GP" District as depicted on the map on file in the City offices.
4. 
Separation from other uses.
a. 
No adult entertainment establishment shall be allowed to locate or expand to within one thousand two hundred fifty (1,250) feet of any residentially zoned lot, religious assembly, school, park or recreation use or child care center. This separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned residential or that contains the religious assembly, school, park or recreation use or child care center.
b. 
No adult entertainment establishment shall be allowed to locate or expand to within five hundred (500) feet of any business licensed to sell or serve alcoholic beverages. The separation distance shall be measured as a straight line, without regard to intervening properties or structures, from the nearest exterior structural wall of each business.
5. 
Separation from other adult entertainment establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand two hundred fifty (1,250) feet of any other adult entertainment use.
6. 
Access. Direct access to and from an adult entertainment establishment shall not be provided from a residential street, nor shall access be allowed through any private lot, private driveway or private street in a district zoned other than "I".
7. 
Frontage. The property on which the adult business is located shall have a minimum of one hundred (100) feet of street frontage.
8. 
Building and parking area setbacks. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be twenty (20) feet from the front property line and all property lines abutting a street right-of-way. The minimum setback for the building that the establishment is located and the off-street parking serving the establishment shall be ten (10) feet for all other property lines.
9. 
Off-street parking. All off-street parking serving the business shall conform to this Chapter. Off-street parking shall be provided at a ratio equal to that required for other comparable commercial businesses.
10. 
Parking area lighting. Lighting with a minimum light level of twenty-five hundredths (0.25) foot-candles must be provided over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line.
11. 
Screening. Appropriate screening shall be provided along all non-street facing lot lines. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
12. 
Windows and doors. The building that the adult entertainment is located within shall be designated in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures or products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place partially or totally outside the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
13. 
Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. Said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Signs must meet all requirements of Article VIII Signs.
C. 
Agriculture, General. General agriculture shall require a minimum site area of three (3) acres.
D. 
Animal Care, General And Limited, And Kennels. All outdoor animal runs, pens or enclosures shall be located at least seventy-five (75) feet from lot lines abutting residentially zoned districts, except that runs, pens or enclosures associated with a veterinary or animal hospital may be as close as twenty-five (25) feet. Kennels shall require a minimum lot size of three (3) acres.
E. 
Bar Or Tavern And Restaurant. All bars or taverns and restaurants serving alcoholic beverages shall be in compliance with the regulations of Chapter 600 of the City Municipal Code.
F. 
Charitable Institutions And Hospitals. Ingress and egress for charitable institutions and hospitals shall be designed so as to minimize traffic congestion.
G. 
Communications Antennas And Support Structures.
[Ord. No. 1577, 2-6-2018]
1. 
Applicability.
a. 
District Height Limitations. The requirements set forth in this Article shall govern the location of towers and antennas that are installed in all zoning districts. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
b. 
Public Property And Rights-Of-Way. Antennas, towers, and associated equipment located on property owned, leased or otherwise controlled by the governing authority, including rights-of-way, shall comply with the requirements of this Article, in addition to the requirement that a license, lease, or agreement authorizing such antenna or tower must have been approved by the governing authority.
c. 
Amateur Radio Receive-Only Antennas. This Article shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
d. 
Pre-Existing Towers And Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article shall not be required to meet the requirements of this Section. Any such towers or antennas shall be referred to as "pre-existing towers" or "pre-existing antennas."
e. 
Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Article shall be applicable to all Wireless Communications Facilities existing or installed, built, or modified after the effective date of this Article to the fullest extent permitted by law. No provision of this Article shall apply to any circumstance in which such application shall be unlawful under superseding Federal or State law and furthermore, if any Section, Subsection, sentence, clause, phrase, or portion of this Article is now or in the future superseded or preempted by State or Federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.
2. 
General Guidelines And Requirements.
a. 
Purpose — Goals. The purpose of this Article is to establish general guidelines for the siting of towers and antennas. The goals of this Article are to:
(1) 
Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the community.
(2) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(3) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.
(4) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
b. 
Principal Or Accessory Use. Towers may be either a principal or incidental use in all commercial and industrial zoning districts, subject to any applicable requirement relating to yard or setback. An incidental use subject to a leasehold interest of a person other than the lot owner may be approved for a Tower only if the leasehold area separately meets all requirements for a separate subdivided lot, including dedicated access, parking, setbacks, and lot size, applicable to a primary use in the district in which the use is proposed as if it was a separate subdivided lot. No other district shall allow Towers unless required by law. All other wireless facilities other than Towers, may be a principal or incidental use in all districts subject to the requirements herein.
c. 
Inventory Of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Director of Community Development or their designees an inventory of its existing towers that are either within the jurisdiction of the governing authority or within one-quarter (1/4) mile of the border thereof, including specific information about the location, height and design of each tower.
[Ord. No. 1671, 7-16-2019]
d. 
Aesthetics — Lighting. The guidelines set forth in this Article shall govern the location of all towers, and the installation of all antennas governed by the Article, provided, however, that the Planning Commission may waive these requirements if it determines that the goals of this Article are better served thereby or if the requirements are not technically feasible as demonstrated by the applicant with substantial evidence.
(1) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and building environment. Metal equipment buildings are prohibited.
(3) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4) 
Towers, antennae, and small wireless facilities shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Director of Community Development or their designees may review the available lighting alternatives and approve the design.
[Ord. No. 1671, 7-16-2019]
e. 
Federal Requirements. All towers must meet current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
f. 
Building Codes — Safety Standards. All requirements of this Article of the Code shall apply to the construction, modification and maintenance of each Tower and are reincorporated herein as building code requirements to the extent permitted by law. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Any structural modification or alteration to an existing tower or antenna will require a structural analysis by a licensed professional engineer as part of the application for the same, unless waived by the Director of Community Development. If, upon inspection, the inspector concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense.
[Ord. No. 1671, 7-16-2019]
g. 
Setbacks And Separation. The following setbacks and separation requirements shall apply to all towers and antennas, provided however, that the City may reduce the standard setbacks and separation requirements if the goals of this Section would be better served thereby.
(1) 
Towers must be set back a distance equal to the height of the tower plus twenty (20) feet from any residential structure.
(2) 
Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.
h. 
Security Fencing. All towers and antennas shall be protected from unauthorized access by appropriate security measures. A description of the proposed security measures shall be provided as part of any application to install, build or modify towers or antennas. Additional measures may be required as a condition of the issuance of a building permit or administrative permit as deemed necessary by the Director of Community Developer or their designees and the Board of Aldermen in the case of a special use permit. Towers, antennas, and any appurtenances shall be safely maintained and fenced or otherwise secured to prevent unauthorized access or climbing. Barbed, electrified, or razor wire is prohibited.
[Ord. No. 1671, 7-16-2019]
i. 
Landscaping. The following requirements shall govern the landscaping surrounding towers, provided, however, that the City may waive such requirements if the goals of this Section would be better served thereby.
(1) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential areas; standard buffer shall consist of a landscaped strip at least four (4) feet wide on the residential side of the compound.
(2) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
3. 
Administrative Approvals.
a. 
General.
(1) 
The Director of Community Development or their designees may administratively approve the uses listed in this Section, provided that all such uses shall comply with Section 400.440(G)(2), General Guidelines and Requirements, and all other applicable ordinances.
[Ord. No. 1671, 7-16-2019]
(2) 
Each applicant for administrative approval shall apply to the Director of Community Development or their designees, providing the information set forth in Section 400.440(G)(4)(c), Information Required.
[Ord. No. 1671, 7-16-2019]
(3) 
If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the zoning ordinance concerning appeals of administrative decisions.
b. 
Specific Administratively Approved Uses. The following uses may be approved by the Director of Community Development or their designees after conducting an administrative review:
[Ord. No. 1671, 7-16-2019]
(1) 
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any "I" Zoning District, provided, however, that such tower shall be set back from any existing off-site residence a distance equal to the height of the tower plus twenty (20) feet.
(2) 
Installing an antenna on an existing structure, which does not already have an existing antenna, (such as a building, sign, light pole, water tower or other freestanding non-residential structure), so long as such addition does not add more than twenty (20) feet to the height of the existing structure. The term "existing structure" as used in this Article and as it relates to the regulation of telecommunications facilities in general shall mean any structure capable of supporting antennas and small wireless facilities (other than a tower) in full conformance with the design and other requirements of this Article and the city's Uniform Development Ordinance and is: (1) exiting prior to the date of all applicable permit applications seeking City authorization for installation of facilities thereon, and (2) not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.
(3) 
Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty (20) feet to the height of said existing tower.
(4) 
Small wireless facilities may be approved in any district and location otherwise permitted for wireless facilities under the following process and requirements.
(a) 
A small wireless facility may be approved administratively by submission of an application including showing specifications, dimensions, photos, or drawings of completed installation, and property owner consent ("Owner Consent"). Owner Consent shall minimally include: (1) written consent by all fee simple owners of the underlying real estate (or where located in street right-of-way, the right-of-way owner thereof), including when the proposed location is also in a utility easement, and (2) written consent of the owner of the structure on which such facility is to be placed. The applicant is responsible also to obtain and include the written consent of any other real property interest owner that is required to lawfully use that location for the proposed use. A fully complying small wireless facility may be exempted from the general requirements of this Article relating to parking/access, setback, and screening set forth in this Article unless determined by the Director of Community Development as applicable to the specific location. Provided the applications are complete and address the requirements of this Article, the Director of Community Development shall endeavor to expedite these approvals and may combine multiple applications/locations at one (1) time in a single approval if they determine that the applications are materially similar.
(b) 
In addition to all other applicable requirements, when a small wireless facility is located on a utility pole, street light, or similar structure over or directly adjacent to public or private streets, sidewalks, or other pedestrian or vehicle ways: (1) the height of all portions of the small wireless facility shall be located at least eight (8) feet above ground level; (2) no ground equipment shall be permitted; and (3) no portions of the small wireless facility shall extend horizontally from the surface of the pole or structure more than sixteen (16) inches. Location, placement, and orientation of the small wireless facility shall, to the extent feasible, minimize the obstruction or visibility from the closest adjacent properties unless otherwise required by the City for safety reasons.
(c) 
The Director of Community Development may for good cause shown by the applicant increase any one (1) or more of the maximum specifications qualifying as a "Small Wireless Facility" stated in the applicable definition by up to fifty percent (50%) if the carrier demonstrates that it: (1) does not in any location nationally use equipment capable of meeting the specifications and the purpose of the equipment, and (2) cannot feasibly meet the requirements. The Board of Aldermen may further waive one (1) or more of the requirements to qualify for small wireless facility approval upon good cause shown by the applicant including as required by applicable law and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Section. The burden of proof for any waiver shall be wholly on the applicant and must be shown by clear and convincing evidence. The Director of Community Development may also, upon good cause shown, allow an existing structure to be replaced with a structure of materially the same height and appearance [including a width generally not greater than ten percent (10%) wider], if the purposes of this Code are otherwise fully satisfied, including that the replacement structure fits in with the built environment.
c. 
Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the director and accompanied by a deposit of five hundred dollars ($500.00) or such other deposit amounts as may be established by the Board of Aldermen. The deposit shall be used to cover administrative costs and any telecommunications or other consulting fees or other actual, direct, and reasonable costs that the City may incur in review of the application, but shall not include such amounts as limited by applicable law. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. Applicant shall submit along with its completed application form.
(1) 
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkways, parking areas, and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of a distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height above ground level of the existing or proposed wireless facilities;
(2) 
Proof of owner consent;
(3) 
Certified structural analysis as required herein; and
(4) 
All other information necessary to show compliance with the applicable requirements of this Article.
d. 
In reviewing an application, the Director of Community Development may require the applicant to provide additional information, including technical studies, and/or to the extent permitted by law, may require applicant to pay in addition to the cost of such studies if to be performed by the City, if reasonably necessary to assess whether the standards for approval are satisfied. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.
[Ord. No. 1671, 7-16-2019]
e. 
The Director of Community Development shall issue a decision on the permit within the time-frame permitted by applicable law. The Director of Community Development may deny the application or approve the application as submitted or with such modifications as are, in their judgement, reasonably necessary to protect the safety or general welfare of the citizens consistent with and to affect the purposes of this Article. The Director of Community Development may consider the purposes of this Section and factors established herein, for granting a special use permit as well as any other considerations with the Article. A decision to deny an application shall be made in writing and state the specific reasons for the denial.
[Ord. No. 1671, 7-16-2019]
4. 
Special Use Permits.
a. 
General. The following provisions shall govern the issuance of special use permits for communication towers:
(1) 
If the tower or antenna is not permitted to be approved administratively pursuant to Section 400.440(G)(3) Administrative Approvals, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(2) 
In granting a special use permit, the Planning Commission shall hold a public hearing as provided in the Code and submit a recommendation to the Board of Aldermen within thirty (30) days following said hearing. The governing authority may impose conditions allowed by law to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
b. 
Decision And Findings Required. A decision by the governing authority shall be contemporaneously accompanied by substantial evidence support the decision, which shall be made a part of the written record of the meeting at which the final decisions on the application is rendered. Evidence may be submitted with the application or thereafter, or presented during the public hearing by the Applicant or others.
c. 
Information Required. Each applicant requesting a special use permit shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses and other information deemed by the City to be necessary to assess compliance with this Article. For applications for sites within the City rights-of-way or on City-owned property, no application shall be submitted for permit approval without attaching the City's consent to use the right-of-way or property for the specific construction application. This consent should be in the form of an agreement with the City to place and/or maintain private improvements in the City rights-of-way or on City-owned property.
d. 
Factors Considered In Granting Special Use Permits. The Board of Aldermen shall consider the following factors in determining whether to issue a special use permit, although the Board of Aldermen may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Board of Aldermen concludes that the goals of this Section are better served thereby.
(1) 
Height of the proposed tower.
(2) 
Proximity of the tower to residential structures and residential district boundaries.
(3) 
Nature of uses on adjacent and nearby properties.
(4) 
Surrounding topography.
(5) 
Surrounding tree coverage and foliage.
(6) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7) 
Proposed ingress and egress.
5. 
Notice Of Abandoned Antennas And Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the City may remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
H. 
Compost Facility. The following standards shall apply to all compost facilities.
1. 
Landscape buffer. Compost facilities shall be subject to the landscape buffer standards of Section 400.530 Landscaping and Buffering, provided that the Board of Aldermen may require a greater buffer to protect adjacent property from adverse visual and/or other impacts associated with a specific compost facility.
2. 
Traffic circulation. Ingress and egress for the operation shall be designed so as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on site to accommodate peak traffic volume and company vehicles.
3. 
Storage bins. Storage bins or trailers will be allowed to be stored on site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off site.
4. 
Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from all lot lines abutting a residentially zoned property.
5. 
Hours of operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of a residentially zoned district.
6. 
Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.
7. 
Storm water management. A storm water management plan may be required at the discretion of the Director of Community Development or their designees.
[Ord. No. 1671, 7-16-2019]
8. 
Litter control. The operation shall be continually attended by the owner/operator on days of operation to maintain the property in a clean, litter-free condition.
9. 
Hazardous material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except substances used for the operation of the facility, such as fuel.
10. 
Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material.
I. 
Convenience Store And Vehicle Repair. The following regulations shall apply to all convenience stores which have gasoline pumps, vehicle repair uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station":
1. 
Traffic study. A traffic study shall be required for all automotive service stations that derive access from an arterial street or a collector where the nearest driveway is within five hundred (500) feet of an arterial street. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns. All traffic concerns must be adequately addressed to promote safety and reasonable traffic flow.
2. 
Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
3. 
Design. The design location, colors and screening of the gas pumps shall be such that they are compatible with the design of the building.
J. 
Firework Sales And Wholesales. Firework sales and wholesales shall be subject to the following standards:
1. 
All firework sales shall be temporary and shall only be conducted from a temporary stand or tent.
2. 
All firework sales shall be in accordance with Section 605.320 of the City Municipal Code.
3. 
Signs shall be allowed in accordance with Section 400.680(C) Fireworks Sales Signs.
K. 
Gaming Casino And Associated Facilities. Gaming casinos and associated facilities shall be subject to the following standards:
1. 
Minimum distance to lot lines. Any area to be used by the gaming casino and associated facilities shall be a minimum of fifty (50) feet from any lot line.
2. 
Landscaping. All areas not paved or occupied by buildings or structures shall be sodded and/or landscaped and shall be maintained adequately.
3. 
Access.
a. 
Unless expressly waived by both the Planning and Zoning Commission and the Board of Aldermen, a gaming casino shall be accessible by a four-lane street from the highway to the facility parking area.
b. 
The right-of-way width of a street serving the gaming casino and adjacent facilities shall conform to all applicable minimum City standards and requirements for such streets.
4. 
Accessory buildings. Unless expressly waived by the Planning and Zoning Commission and Board of Aldermen, no accessory structure shall be permitted.
5. 
Police protection. It shall be the responsibility of the property owner to employ and maintain sufficient security on the casino and adjacent grounds at all times. The security force must be approved by the Director of Public Safety.
6. 
Lights. Any gaming casino docked or maintained on a waterway within the City limits shall have no more than the minimum number of running lights required for licensing by the State and/or Federal Government, except with the express approval of the Board of Aldermen.
7. 
Parking.
a. 
Unless expressly waived by the Planning and Zoning Commission and Board of Aldermen, there shall be a minimum number of parking spaces based on one-half (½) parking space per patron for the legal capacity of the gaming casino.
b. 
All parking areas shall be furnished with adequate lighting to allow the entire premises to be observed at all hours from the City streets.
c. 
Parking for all vehicles shall be covered with a surface as defined in Section 400.500(K) Off-Street Parking and Loading Area Design Standards.
8. 
Other regulation. The gaming casino must meet all Federal, State, County and local requirements for licensing, operation, equipment, numbering and all other matters.
9. 
Docks, barges and moorings. Every dock or mooring area shall be so constructed as to be safe to use and capable of supporting the loads to which they are subjected. They shall be maintained in sound condition and good repair. Where required for safety, an approved handrail shall be installed.
10. 
Repairs. No substantial or major mechanical work may be performed on the gaming casino while docked or moored in the City.
11. 
Storage of combustibles. The applicant shall be required to provide information regarding any combustibles necessary for the operation of the gaming casino and meet any maintenance, storage or screening requirements of the Board of Aldermen.
12. 
Loudspeakers. There shall be no central loudspeaker for any use other than emergency purposes.
13. 
Sound level. There shall be no sound amplification at a decibel level measured at the property line of the site of the development area which exceeds an equivalent A-weighted sound level (Leq) of eighty decibels (80db)(A) from 11:00 P.M. until 7:00 A.M. Sunday through Thursday and from 12:00 A.M. until 8:00 A.M. Friday and Saturday. This noise restriction may be waived on occasion by the written consent of the Board of Aldermen.
14. 
Signs. Sign shall be allowed in accordance with an approved master sign plan.
15. 
Utilities. All utilities, including, but not limited to, telephone, electric power, gas and CATV cables, shall be located underground.
16. 
Sewage and refuse.
a. 
Proper disposal of all sewage shall be as approved by the City of Kansas City.
b. 
Proper disposal of all refuse shall be as approved by the City.
17. 
Fire hydrants. Fire hydrants shall be provided on the grounds at locations approved by the Director of Public Safety.
18. 
Automatic fire extinguishing systems. All gaming casinos shall be equipped with an adequate automatic fire extinguishing system. Such system shall be approved by the Director of Public Safety.
19. 
Performance bond. Prior to the approval of any final development plan, the applicant shall execute a bond sufficient to secure all requirements of this Section and any other applicable ordinances of the City. Such bond shall be approved by the Board of Aldermen as to form, sufficiency and manner of execution.
L. 
Modular Units As Temporary Facilities. Modular units serving as temporary or less-than-permanent facilities shall be subject to the following standards:
1. 
Building code. All applicable provisions of the currently adopted building code shall be followed.
2. 
Expiration. The special use permit allowing the modular unit to be used as a temporary facility shall expire one (1) year after the approval date by the Board of Aldermen. The holder of the special use permit may apply for an extension of the special use permit by following the procedure outlined in Section 400.230 Special Use Permit Applications.
M. 
Transitional Living Centers. Transitional living centers shall be subject to the following standards.
1. 
Size. A maximum of ten (10) persons, including staff, shall reside in the center at one time.
2. 
Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school, park, licensed child care facility or residentially zoned property.
N. 
Vehicle/Equipment Sales, Vehicle/Equipment Storage Yard And Vehicle Repair. All vehicle and equipment storage areas and parking areas must be hard-surfaced (with asphalt or concrete), dust-free and landscaped in accordance with Section 400.530 Landscaping and Buffering.
O. 
Marijuana.
[Ord. No. 1670, 7-16-2019; Ord. No. 1894, 2-7-2023]
1. 
Definitions. The definitions contained in Article XIV, Section 1.2 and Section 2.2 of the Missouri Constitution are incorporated into this Chapter as is fully set forth. Additionally, for purposes of this Chapter, the following terms shall have the meanings indicated:
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
THEN-EXISTING
Any elementary or secondary school, day care, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility files applies for either zoning or a building permit, whichever comes first.
2. 
The following regulations apply to all medical marijuana facilities, comprehensive marijuana facilities, and microbusinesses, including cultivation facilities, dispensary facilities, infused-products manufacturing facilities, testing facilities, transportation facilities, and wholesale facilities:
a. 
No new medical facility or marijuana facility shall be initially sited within three hundred (300) feet of any then-existing elementary or secondary school, child day care center, or church. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
b. 
Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility or a comprehensive marijuana cultivation facility, all such marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.
c. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical facility or marijuana facility.
d. 
Hours Of Operation. All medical facilities and marijuana facilities shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M. Monday through Saturday and 10:00 P.M. and 9:00 A.M. on Sunday.
e. 
Residential Dwelling Units Prohibited. No medical facility or marijuana facility shall be located in a building that contains a residence.
f. 
Ventilation Required. All medical facilities and marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

Section 400.450 Additional Regulations ("Conditions") for Uses Allowed in All Districts.

[R.O. 2011 §400.450; Ord. No. 2006-170 §1, 12-19-2006]
The additional regulations ("conditions") of this Section shall apply to permitted, special use and accessory uses as noted in Section 400.410 Use Table.
A. 
Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums:
1. 
Entrances. All ingress and egress areas shall be designed to minimize traffic congestion.
2. 
Screening. Appropriate screening shall be provided along all lot lines abutting a residentially zoned property. Such screening shall include landscaping which incorporates a mix of shade trees, ornamental trees, evergreen trees and shrubs. A berm and a solid or semi-solid fence or hedge not more than six (6) feet high may also be included as part of the screening. All screening shall be maintained in good condition by the owner or owners of the property.
B. 
Convalescent Care. A minimum of seventy (70) square feet of usable outdoor open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.
C. 
Day Care (Commercial).
1. 
State licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.
2. 
Occupational license. An occupational license shall be required prior to the establishment of a commercial day care.
3. 
Vehicle drop-off area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided in addition to the required parking area in order to provide for easy pickup and discharge of passengers.
D. 
[1]Group Home, General. Group homes shall be subject to the following standards when located in an "R-3" District.
1. 
Spacing. A group home to be located within an "R-3" District shall not be located within one thousand three hundred twenty (1,320) feet of another group home measured as the shortest distance between any portion of the structure where persons reside.
[1]
Editor’s Note: Former Subsection (D), Golf Courses, was repealed by Ord. No. 1671, 7-16-2019. This ordinance also provided for the redesignation of former Subsections (E) and (F) as Subsections (D) and (E), respectively.
E. 
Religious Assembly. Churches and other places of religious assembly may be located in any zoning district, but are prohibited from locating within a platted residential subdivision due to conflicts with traffic and hours of operation.