Rolla City Zoning Code
ARTICLE IV
Special Regulations
Section 42-400 Special Regulations.
[Ord. No. 4762, 10-2-2023]
The following Sections apply to specific uses. The requirements are intended to be in addition to any applicable zoning requirements. The intent is to provide requirements and limitations for uses which by their nature may require additional regulation.
Section 42-410 Home Occupations.
[Ord. No. 4762, 10-2-2023]
This Section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. Customary home occupations are defined as any activity carried out for compensation in a residential dwelling unit or in an accessory building. Generally, a customary home occupation includes working from home or working with customers by appointment.
1.
Customary home occupations include the following activities:
a.
Home offices;
b.
Studios for artists, sculptors, authors, photographers, musicians, and composers;
c.
Computer programming and data processing;
d.
Direct sale product distribution (Amway, Avon, Tupperware, etc.), provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten (10) customers and shall be held between the hours of 9:00 A.M. and 10:00 P.M.;
e.
Dressmakers, seamstresses, and tailors;
f.
Home crafts, such a model making, rug weaving, woodworking, ceramics [with a kiln up to six (6) cubic feet] and similar activities;
g.
Mail order sales;
h.
Retail and sales, by appointment only;
i.
Music and art teachers or other tutoring services, with classes limited to ten (10) persons per day;
j.
Telephone answering service;
k.
Washing and ironing service;
l.
Services such as hair salon, nail salon, pet grooming;
m.
Food preparation and catering with proper Health Department licensure;
n.
Professional services such as counselling and massage therapy;
o.
Sale of foods grown on the property;
p.
"Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other requirements of this Section.
2.
No home occupation shall be permitted if it:
a.
Changes the outside appearance of the dwelling or is visible from the street;
b.
Generates traffic or parking, in excess of what is normally found in a residential neighborhood. Excess traffic is defined as more than ten (10) vehicle trips per day or more than two (2) vehicles associated with the home occupation on a regular basis;
c.
Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or
d.
Results in outside storage or display.
3.
The following limitations for home occupations uses apply:
a.
The home occupation 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 unit is part of a multi-family structure, shall constitute a violation;
b.
The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States Mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of twenty four thousand (24,000) pounds or less;
c.
Not more than one (1) commercial vehicle utilized in the business shall be parked on-site;
d.
Signage is limited to one (1) sign up to four (4) square feet in area; and
e.
The number of employees and customers is not permitted to exceed the occupancy limit for the residential building.
4.
A business license may be required for any customary home occupation which requires that customers or patrons come to the property.
5.
A special exception may be granted by the Board of Adjustment to allow for a customary home occupation for any use not listed or similar to a listed use.
Section 42-420 Adult Uses.
[Ord. No. 4762, 10-2-2023]
1.
It is the purpose of this Section to regulate the display of explicit sexual material and sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of Rolla, Missouri, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City.
2.
The provisions of this Section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including explicit sexual materials. Similarly, it is not the intent nor effect of this Section to restrict or deny access by adults to explicit sexual materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this Section to condone or legitimize the distribution of obscene or offensive material of a sexual nature.
3.
Based on evidence concerning the adverse secondary effects of adult uses on communities as outlined in numerous studies/reports generally available for consideration, and on findings incorporated in a series of cases as found and included herein by reference to the IMLA Model Ordinance on Sexually Oriented Business Regulation, the City Council finds that:
a.
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
b.
Employees of certain sexually oriented businesses engage in higher incidences of certain types of illicit sexual behavior than employees of other establishments and that by offering or providing such locations may thereby create unhealthy conditions, unless properly regulated.
c.
At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infections (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
d.
The number of cases of sexually transmitted diseases has been on the rise or remain at high levels in the United States.
e.
The findings noted above raise substantial governmental concerns by establishing that sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect the public interest and to address substantial governmental concerns.
f.
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is managed in a way consistent with the health, safety, and welfare of its patrons and employees, as well as the general public. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.
g.
Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters.
h.
Requiring licensees of sexually oriented businesses to keep information regarding current employees and past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
i.
The disclosure of certain information by those persons ultimately responsible for the day to day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
j.
In the prevention of the spread of communicable diseases, it is desirable to obtain a limited amount of information regarding certain employees who may engage in conduct that this Section is designed to prevent, or who are likely to be witnesses to such conduct.
k.
The fact that an applicant for an adult use license who has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this Section.
l.
The barring of such individuals from the management of adult uses serves as a deterrent to, and prevents conduct that leads to the transmission of sexually transmitted diseases.
m.
The general welfare, health, morals, and safety of the citizens of Rolla, Missouri, will be promoted by the enactment of this Section.
Section 42-421 Adult Use Definitions.
[Ord. No. 4762, 10-2-2023]
Words and phrases contained in this Section shall be deemed to have certain meanings, as follows:
Any live or recorded exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, massaging, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered, to include, but not limited to, establishments commonly known as gentlemen's clubs, juice bars, and adult book stores, etc.
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment business.
Any person who provides adult entertainment within adult entertainment premises as defined in this Section whether or not a fee is charged or accepted for entertainment.
Any picture, photograph, or other pictorial or visual representation, that depicts actual or simulated "specified sexual activities"; or
Any a book, magazine, newspaper or other printed or written material; or any video tape, DVD, or any other recorded medium whose content is made up in whole or in dominant part of depictions or descriptions of "specified sexual activities" or "specified anatomical areas."
Having knowledge of the character and content of any material described herein or failure on notice to exercise reasonable inspection, which would disclose the content and character of the same.
Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
Any book, magazine, or other printed or written material, or any picture, drawing, photograph, videotape, or other pictorial representation, figure, object or article.
Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
Any individual partnership, corporation, trust, incorporated or unincorporated association marital community joint venture, governmental entity, or other entity or group of persons however organized.
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Any person who serves food or drink at an adult entertainment business.
Means any business enterprise that:
Has as a regular and substantial business purpose for the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasize matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or
Has one (1) of the following as a regular and substantial business purposes: the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or the providing of services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities" ancillary to other pursuits.
The definition of "sexually oriented business," also includes, but is not limited to, any and all of the following as defined herein:
ADULT RETAIL ESTABLISHMENTSAn establishment that has as a regular and substantial business purpose, offers for sale or rent, any one (1) or more of the following: instruments, devices, gifts, or paraphernalia that are designed for use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any materials, such as printed materials, photographs, slides, films, videotapes or DVD, sold or rented in an adult bookstore, adult news rack, or adult news stand that are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
ADULT ENTERTAINMENT BUSINESSAny establishment to which the general public, patrons or members are invited or admitted and wherein an entertainer provides "adult entertainment," as defined herein. These establishments, include, but are not limited to, adult theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlors, and body painting studios.
ADULT MOTION PICTURE THEATERAn establishment containing a room with seats facing a screen or projection areas, where a regular and substantial portion of its business is the exhibition to customers of films, videotapes, or other such devices that are intended to provide sexual stimulation or sexual gratification to the customers and that are distinguished by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
BATH HOUSEAn enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying "specified anatomical areas."
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, videotapes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple, or any combination of the foregoing; or
Human male genitals in a discernible erect state, even if completely and opaquely covered.
Sexual conduct, being actual or simulated, acts of human masturbation, sexual intercourse, or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female, or any sadomasochistic abuse or acts including animals or any latent objects in an act or apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses Chapter of the Missouri Criminal Code.
Section 42-422 Adult Use License.
[Ord. No. 4762, 10-2-2023]
1.
It shall be unlawful for any person to operate or maintain a sexually oriented business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license and any required zoning approvals from the City, or to operate such business after such license has been revoked or suspended by the City.
2.
It shall be unlawful for any person to knowingly work as an entertainer, server or manager at a sexually oriented business unless said business is licensed in the City.
3.
It shall be prima facia evidence that any sexually oriented business that fails to post the required adult entertainment business license in the manner prescribed herein shall be operating unlawfully. In addition it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in a sexually oriented business in which an adult business license is not posted as specified herein, shall have knowledge that such business is not licensed.
4.
Any licensed sexually oriented business shall be deemed to have consented to a periodic inspection of the business premises by appropriate City officials. This inspection shall take place during hours when such sexually oriented business is open to the public, unless otherwise requested by the sexually oriented business, and shall not unreasonably interfere with the conduct of such business.
5.
It is unlawful for any person to work as an entertainer, server or manager at a sexually oriented business without first obtaining a license to do so from the City, or to work as an entertainer, server or manager at a sexually oriented business after such person's license to do so has been revoked or suspended.
6.
The license year for all fees required under this Chapter shall be from January 1 through December 31.
a.
The classification of licenses and fees for each shall be as follows:
i.
Adult entertainment business license fee is five hundred dollars ($500.00) per year.
ii.
Adult entertainment manager's license fee is fifty dollars ($50.00) per year.
iii.
Adult entertainer's license fee is twenty dollars ($20.00) per year.
iv.
Adult entertainment server's license fee is twenty dollars ($20.00) per year.
b.
The application is not complete until the fee is paid. Licenses are for specific locations as indicated on the license and are non-transferable. Any change in the type of sexually oriented business shall invalidate the adult business license. No more than one (1) sexually oriented business may occupy a business premise at one (1) time.
7.
A prospective licensee (owner, server, entertainer or manager) shall provide:
a.
A notarized application to the Finance Department of the City of Rolla with his/her name, address (mailing and residence), phone number, principal occupation, recent photograph (2" X 3" color), date of birth, place of birth, driver's license, social security number, signed permission for FBI check and similar information for all partners or stockholders in the venture, as well as a description of the proposed business.
b.
A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
i.
A felony criminal act within five (5) years immediately preceding the application, or a misdemeanor criminal act within two (2) years immediately preceding the application where such felony or misdemeanor criminal act involved sexual offenses, prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
ii.
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Council shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the City Council. If the application meets all the requirements as set forth in this Chapter, the City Council may issue a license for operation of the sexually oriented business. Those opposing such a license could present objections at this time. Granting the license requires a super majority vote.
c.
No person is eligible nor shall a license be issued to a sexually oriented business applicant if one (1) or more of the following conditions exist:
i.
The applicant's premises location does not comply with the separation requirements of the Zoning Code.
ii.
The applicant failed to supply all of the information requested on the application.
iii.
The applicant gave material false, fraudulent or untruthful information on the application.
iv.
The applicant's proposed business premises does not comply with or meet the requirement of the applicable Health, Zoning, Building Code, Fire and Property Maintenance ordinances of the City of Rolla.
v.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in said Section.
vi.
The applicant has had an adult entertainment license revoked or suspended in this City or any other City or County during the past five (5) years.
8.
Upon receipt of a complete application for an adult entertainment business license, the Finance Department shall transmit one (1) copy of the application to the Police Department for investigation of the application and one (1) copy to the Community Development Department.
9.
It shall be the duty of the Police Chief or a designee to investigate the application to determine whether the information contained therein is accurate and whether the applicant has qualified to be issued the license. The results of this investigation shall be forwarded to the Finance Department no later than ten (10) working days from the application date.
10.
It shall be the duty of the Director of Community Development to determine compliance with the requirements of this Section and the applicable Health, Zoning, Building Code, Fire and Property Maintenance ordinances of the City. The Director shall provide his/her report to the Finance Department within ten (10) working days from the application date.
11.
Upon receipt of these reports, the Finance Department shall either issue or deny the license; provided, the license applications for sexually oriented businesses, entertainers, servers, and managers shall be approved or disapproved within forty-five (45) days from the filing date. If the license is disapproved, the applicant shall be notified, in writing, by certified mail to the applicant's last known address, and the notification shall state the basis for disapproval.
12.
Any person found to be in violation of any provision of this Code, though he may have been previously issued a license as provided herein shall have his/her license revoked immediately forthwith. Prior to revocation said licensee shall have notice of said violations, and the matter of revocation shall be placed before the next regularly scheduled meeting of the City Council for hearing. Should the City Council find said violations did occur, and upon motion of the City Council after hearing, the revocation shall be issued from the City Clerk, all licenses previously issued surrendered, for a period of one (1) year unless the City Council may by motion direct a shorter time.
Section 42-423 Adult Use Requirements And Standards.
[Ord. No. 4762, 10-2-2023]
1.
Display. It is unlawful for a person knowingly to:
a.
Display any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
b.
Permit or authorize the display of any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
c.
When requested by the Police Department of the City, to fail to promptly remove from display from property in his/her possession or under his/her control, any explicit sexual material or sadomasochistic abuse, at newsstands or other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public.
2.
Removal. Where it appears that this Section or any part of this Section is being or about to be violated, the Mayor or City Attorney of the City of Rolla, may commence and maintain, in the name of the City, an action in the Circuit Court to enjoin the display of any explicit sexual material. No provisions of this Section shall be construed to prohibit the prosecution for violation of the provisions of this Section in the Municipal Court.
3.
Penalty. Any person violating this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than two hundred dollars ($200.00) or be imprisoned in jail for not less than five (5) days, or be punished by both such fine and imprisonment; or be fined not more than five hundred dollars ($500.00) or be imprisoned in jail for not more than sixty (60) days, or be so punished by both such fine and imprisonment.
4.
Employees. No employee of any business responsible for selling or renting sexually explicit material shall be less than eighteen (18) years of age.
5.
Restrictions. Nothing in this Section shall be construed so as to prohibit or restrict any political subdivision or any department, agency, office or facility thereof, or any employee or agent thereof when engaged in the performance of his/her official duties, or any person in the conduct of a legitimate activity for bona fide educational, scientific or medical purposes.
6.
Design. The facility shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No business activities shall take place outside the sexually oriented business visible from the exterior.
7.
Signage. The facility in which such a use is located shall be limited to one (1) wall mounted advertising 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. No flashing lights and/or lighting that leaves the impression of motion or movement shall be permitted.
8.
Merchandise Display. No merchandise or pictures of 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.
9.
Lighting. Lighting in the parking area must provide a minimum light level of twenty-five hundredths (0.25) foot-candles 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. The interior premises of sexually oriented businesses must be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
10.
Conduct. No owner, operator, manager or other person in charge of the premises of a sexually oriented business premises shall:
a.
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, (unless otherwise permitted pursuant to Chapter 4, Alcoholic Beverages, of the City Code).
b.
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises.
c.
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises in any capacity as entertainer, server or customer.
d.
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises.
e.
Knowingly allow or permit a violation of this Section or any other City ordinance provision or State law.
11.
Hours Of Operation. Hours of operation shall not exceed 10:00 A.M. to 1:00 A.M.
12.
Standards Of Conduct. The following standards of conduct shall be used by all adult entertainment business licensees, their employees and all sexually oriented business managers, servers and entertainers and patrons of sexually oriented businesses while on or about the premises of the establishment:
a.
Any manager, server or entertainer issued a license by the City under the provisions of this Section shall, at all times while working in a sexually oriented business, have in their possession a valid identification card issued by the City, bearing the permit number, the signature of the City Clerk, individual's name, age, weight, eye color, and height. Such card shall be laminated to prevent alteration.
b.
No manager, employee, server, entertainer or patron in a sexually oriented business, other than a licensed bath house, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any "specified anatomical area."
c.
No manager, employer, server, entertainer or patron of a sexually oriented business shall perform any "specified sexual activities," wear or use any device or covering exposing to view an image that simulates any "specified anatomical areas," use artificial devices or other objects to perform or depict any "specified sexual activities," or participate in any act of prostitution.
d.
No manager, employee, server, entertainer or patron of a sexually oriented business shall knowingly touch, fondle or caress any "specified anatomical area" of another person whether such "specified anatomical area" is clothed, unclothed, covered or exposed to view.
e.
A manager shall be on duty at all times on the premises when the sexually oriented business is open. The manager shall verify that any person who provides adult entertainment or works as a server possesses a current and valid adult entertainment license. It shall also be the manager's duty to insure that no person under the age of eighteen (18) enters the premises.
13.
Sanitation. The premises of all sexually oriented businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
14.
Performances. Performances shall always take place on a stage of at least twenty-four (24) inches above the floor level of the audience. Entertainers shall be at least ten (10) feet from customers and shall not touch customers or be touched by customers. Customers shall not be permitted on the stage at any time. No entertainer shall be permitted to demand or collect any payment or gratuity from any employee or patron of the sexually oriented business.
15.
Visibility. The premises of all sexually oriented businesses shall be physically arranged so that the entire interior portion of any booths, cubicles, room or stalls are visible from a common area. The use of video cameras to meet this requirement is not allowed. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction. The manager shall be required to position himself/herself so as to be able to view the entire interior portion of the premises while on duty.
16.
License Posting. Every person, corporation, partnership, or association licensed under this Chapter as a sexually oriented business shall post such license in a conspicuous place and manner on the premises of the business.
17.
Required Signage. All sexually oriented businesses shall have conspicuously displayed in the common area at the entrance to the premises a sign of which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which read as follows:
"THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND LICENSED BY THE CITY OF ROLLA, MISSOURI, ENTERTAINERS ARE: |
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron, or other entertainer or to permit any employee, patron, or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer. |
Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and or genitals. |
Not permitted to demand or collect any payment or gratuity from any patron for entertainment. |
Not permitted to perform, except on a stage of at least twenty-four (24) inches above the floor level of the audience and to maintain at least a ten (10) foot separation from any patron at all times while performing. |
PATRONS ARE: |
Not permitted to be upon the stage at any time. |
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution." |
18.
Location. No sexually oriented business is permitted to locate:
a.
Within an area circumscribed by a circle which has a radius of seven hundred fifty (750) feet, as measured by a straight line drawn from the lot line of any proposed sexually oriented business, to any residential zoning district, school, park, or church.
b.
Within one thousand (1,000) feet of any other sexually oriented business for which there is a license issued.
Section 42-430 Telecommunications.
[Ord. No. 4762, 10-2-2023]
1.
Statement Of Purpose. The general purpose of this Section is to regulate the placement, construction, and modification of telecommunications wireless communications facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Rolla. Specifically, this Section is intended to:
a.
Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Rolla;
b.
Minimize adverse visual impacts of wireless communications facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;
c.
Ensure that any new wireless communications facilities are compatible with the neighborhood or surrounding community to the extent possible; and
d.
Ensure that regulation of wireless communications facilities does not have the effect of prohibiting the provision of personal wireless services, does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the City, and is no more burdensome than regulations applied to other types of infrastructure deployments.
2.
Applicability; Preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Section shall be applicable to all wireless communications facilities existing or installed, built, or modified after the effective date of this Division to the fullest extent permitted by law. No provision of this Section 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 Section 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.
3.
Notwithstanding any right that may exist for a governmental entity to operate or construct wireless communications facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any wireless communications facilities in violation of any provision of this Section, regardless of whether such wireless communications facilities are located on land owned by a governmental entity.
Section 42-431 Definitions.
[Ord. No. 4762, 10-2-2023]
As used in this Division, the following terms shall have the meanings and usages indicated:
Any use authorized herein that exists in addition to the principal use of the property.
Ground level shall be determined by the elevation at the center location of measurement.
Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes, including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite Earth station antenna less than two (2) meters in diameter (mounted within twelve (12) feet of the ground or building-mounted) and any receive-only home television antenna.
A utility pole that is owned and/or operated by the City but shall not include municipal electric utility distribution poles or facilities.
A structure for the protection and security of communications equipment associated with one (1) or more antenna where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet, and vertical height that does not exceed six (6) feet.
The Community Development Director or his/her designee or official acting in such capacity.
Any freestanding, artificial structure designed for the support of antenna, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flagpoles, and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately-placed and designed architectural or natural feature" shall mean:
It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
It does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate;
It cannot be identified as a support structure by persons with reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments relating to the disguised support structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated; and
It is of a height, design, and type that would ordinarily occur at the location and neighborhood selected.
Any structure capable of supporting wireless communication facilities (other than a support structure) in full conformance with the design and other requirements of this Division and is:
The Federal Aviation Administration.
A small wireless facility that meets the following requirements for an antenna and associated equipment:
No more than seven (7) cubic feet in volume (comprised of no more than twenty-seven (27) square feet of exterior surface area, excluding the surface width equal to the width of the existing structure or utility pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the antenna and associated equipment;
Located with the consent of the owner on an existing structure or utility pole, or concealed within or on a replacement utility pole if appearance is not materially altered and the replacement existing structure or utility pole is no more than five (5) feet taller;
Not exceeding six (6) feet above the top of an existing structure or utility pole for a total height not exceeding fifty (50) feet nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet.
The Federal Communications Commission.
The vertical distance measured from the center location of measurement at ground level to its highest point and including the main structure and all attachments thereto.
An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
The area on, below, or above a public roadway, highway, street, or alleyway, but not including:
The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
Easements obtained by utilities or private easements in platted subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
Poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a municipally owned or operated utility pursuant to Missouri law.
A building for the protection and security of communications equipment associated with one (1) or more antenna and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antenna is prohibited.
Antennas and associated equipment that meet the following:
Each antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and
All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight (28) cubic feet in volume; provided that no single piece of equipment on the authority pole shall exceed nine (9) cubic feet in volume, and no single piece of ground mounted equipment shall exceed fifteen (15) cubic feet in volume.
A tower or disguised support structure.
A structure designed for the support of one (1) or more antenna and including guyed towers, self-supporting (lattice) towers, or monopoles, but not disguised support structures, utility poles, or buildings. The term shall also not include any support structure that includes attachments of fifty (50) feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
A pole or similar structure that is or may be used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the colocation of small wireless facilities or fast-track.
Any antenna, small wireless facility, fast-track, cabinet, shelter, and support structure and associated equipment.
Section 42-432 Application Procedures; Timing.
[Ord. No. 4762, 10-2-2023]
1.
Applications. Applications for permitted, administrative, or conditional uses pursuant to this Section shall be subject to the supplementary procedures in this Section. Applications shall be submitted to the City as a complete application on forms provided by the City. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs, and information as required thereon or by the City, consistent with this Section. Applications shall be accompanied by a building permit application and other applicable forms.
2.
Proof Of Owner Consent. Applications for permitted, administrative, or conditional uses pursuant to this Section shall be required to provide proof of owner consent, which shall minimally include:
a.
Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in street rights-of-way, the rights-of-way owner thereof), including when the proposed location is also in a utility easement; and
b.
Written consent to pursue the application of the owner of the structure on which such facility is to be placed, if different than applicant.
3.
Timing. Applications shall be decided upon within a reasonable time, subject further to State or Federal specific additional time requirements as may apply to the particular application.
4.
Consolidated Applications For Small Wireless Facilities. An applicant may submit a consolidated application and receive a single permit for up to twenty (20) colocated small wireless facilities, provided that they are for the same or materially the same design of small wireless facility being colocated on the same or materially the same type of utility pole or support structure. Denial of one (1) or more small wireless facilities in a consolidated application shall not delay processing of any other small wireless facilities in the same consolidated application.
5.
Opportunity To Cure. In case of a denial, the applicant may cure the deficiencies identified by the City and resubmit the application within thirty (30) days of the denial without paying an additional application fee. The City shall approve or deny the revised application within thirty (30) days of resubmission and limit its review to the deficiencies cited in the original denial.
Section 42-433 General Requirements.
[Ord. No. 4762, 10-2-2023]
1.
Applicability. The requirements set forth in this Section shall be applicable to all wireless communications facilities within the City installed, built, or modified after the effective date of this Section to the full extent permitted by law. Such zoning review and approvals required in this Section shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, rights-of-way, or other permits or approvals.
2.
Principal Or Accessory Use. Towers may be either a principal or accessory use in all non-residential zoning districts, subject to any applicable requirement relating to yard or setback. An accessory 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 principal 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 communications facilities and utility poles other than towers, may be a principal or accessory use in all districts subject to the requirements herein.
3.
Building Codes, Safety Standards, And Zoning Compliance. Wireless communications facilities shall be constructed and maintained in compliance with all standards contained in applicable State and local Building Codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a support structure, a utility pole, or antenna, including small wireless facility and fast-track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement. In addition to any other approvals required by this Division, no wireless communication facility or portion thereof, except for a modification under 47 U.S.C. § 1455(a), shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a building permit.
4.
For Sites Within City Rights-Of-Way:
a.
The most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the Official Zoning Map;
b.
Wireless communications facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the rights-of-way or obstruct the legal use of such rights-of-way by authorities or authorized rights-of-way users; and
5.
Regulatory Compliance. All wireless communications facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, State, or Federal agency with the authority to regulate wireless communications facilities, and including all required licenses, permits, and taxes applicable to such structure and/or modification. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any wireless communications facilities permitted by this Division shall be granted for any applicant having an uncured violation of this Division, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory, licensing, or tax requirement applicable to such wireless communications facilities within the City unless preempted by applicable law. Modifications under 47 U.S.C. § 1455(a) shall be approved without regard to zoning regulations regarding the lot on which the modification is proposed.
6.
Security. All wireless communications facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify wireless communications facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the City Council in the case of a conditional use permit.
7.
Lighting. Antenna, small wireless facilities, fast-track, and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the antenna, small wireless facilities, fast-track, or support structure. Lighting may also be approved as a consistent component of a disguised support structure. Equipment cabinets and shelters may have lighting only as approved by the Director or City Council on the approved site plan.
8.
Advertising. Except for a disguised support structure in the form of an otherwise lawfully permitted sign, the placement of advertising on wireless communications facilities is prohibited other than on-premises signage of not greater than one (1) square foot on ground equipment or required safety signage.
9.
Design.
a.
Color. Subject to the requirements of the FAA or any applicable State or Federal agency, wireless communications facilities and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Director, or the City Council in the case of conditional use permits, consistent with the requirements of this Division.
b.
Ground Equipment. When authorized, equipment shelters, or cabinets shall have an exterior finish reasonably compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located unless not feasible. All ground equipment shall be either placed underground, contained in a single shelter or cabinet, or concealed within a building or approved walled compound.
c.
Antenna Design. Antenna attached to a disguised support structure shall be contained within the disguised support structure or within or mounted flush on the surface to which they are mounted. Antenna attached to an existing building, utility pole, or structure shall be of a color matching the surface to which they are mounted. Antenna on the rooftop or attached to a building shall be screened or constructed and/or colored to match the structure to which they are attached.
d.
Height. Support structures and antenna shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support structures and utility poles may exceed underlying zoning district height restrictions for buildings and structures only where shown to be necessary, provided that no reasonable and feasible alternative exists. To the extent permitted by applicable law, district height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval. No support structure shall be approved at a height exceeding one hundred twenty (120) feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system.
e.
Monopole Design. All towers shall be of a monopole design. Lattice, guyed towers, or other non-monopole tower designs shall not be permitted.
f.
Compound Walls/Landscaping. All towers shall be surrounded by a minimum of a six (6) foot high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials, which will provide a visual barrier to a minimum height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Director, or by the City Council in the case of a conditional use permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for disguised support structures if needed to implement an approved disguise.
g.
Setbacks. All support structures shall be separated from any rights-of-way, sidewalk or street, alley, parking area, playground, or other building which is located on a another property, and from the property line of any adjacent property at least a horizontal distance equal to twenty-five percent (25%) of the height of the support structure.
h.
Storage. Vehicle or outdoor storage on any wireless communications facilities site is prohibited, unless otherwise permitted by the zoning district.
i.
Parking. One (1) hard-surfaced parking spot per support structure for periodic maintenance and service shall be provided.
j.
Decorative Poles. In districts where there are utility poles that were specifically designed for their aesthetic nature and compatibility with the built environment of that district, as determined by the City, such utility poles shall be deemed to be decorative utility poles. Such decorative utility poles, when authorized to be replaced by an applicant for wireless communications facilities pursuant to applicable law and in compliance with this Division and Code, shall only be replaced with a substantially similar decorative utility pole that matches the aesthetics and decorative elements of the original decorative utility pole being replaced. Such replacement expenses shall be bore wholly by the applicant seeking to place wireless communications facilities on such decorative utility pole.
10.
Public Property. Wireless communications facilities located on property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Division. A license or lease with the City authorizing the location of such wireless communications facilities shall be required for each site.
11.
As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction, three (3) complete sets of plans drawn to scale and certified as accurately depicting the location of all wireless communications facilities constructed shall be furnished to the City.
12.
Historic Preservation; Thirty (30) Day Hearing Period. To the extent permitted by law, approval shall not be issued for any wireless communications facility that the Director or City Council determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such district as a whole. For colocation of any certified historic structure as defined in Section 253.545, RSMo., in addition to all other applicable time requirements, there shall be a thirty (30) day time period before approval of an application during which one (1) or more public hearings on colocation to a certified historic structure are held. The City may require reasonable, technically feasible and technological neutral deign and concealment measures as a condition of approval of a wireless communication facility within a Historic District or on a historic structure.
13.
Administration. The Director shall have the authority to establish forms and procedures consistent with this Division and applicable Federal, State, and local law to ensure compliance and to facilitate prompt review and administration of applications.
Section 42-434 Permitted Use.
[Ord. No. 4762, 10-2-2023]
1.
Permitted Use. The placement of wireless communications facilities fully conforming with the applicable general requirements in this Section are permitted in all zoning districts (including the right-of-way) only as follows:
a.
Towers In Industrial Districts. Antennas attached to towers in industrial districts are a permitted use.
b.
Colocations On Existing Support Structures. The attachment of antenna including small wireless facilities, or associated equipment to any existing fully conforming support structure or utility pole, or as otherwise authorized by State or Federal law where local zoning is preempted; provided, that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report.
c.
Antenna On High-Voltage Towers. The mounting of antenna on or within any existing high-voltage electric transmission tower, but not exceeding the height of such tower by more than ten (10) feet, provided that all requirements of this Division and the underlying zoning ordinance are met, except minimum setbacks provided in this Division shall not apply.
d.
Antenna On Existing Buildings/Structures. In all districts, except not on single-family residential or two-family dwellings, the mounting of antenna on any existing and conforming building or structure (other than a support structure or utility pole) provided that the presence of the antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached; and, further, provided, that all requirements of this Division and the underlying zoning ordinance are met.
e.
Colocation Of Small Wireless Facilities On Authority Poles. In accordance with Section 67.5112, RSMo., a wireless provider may colocate small wireless facilities and install, maintain, modify, operate, and replace authority poles, at heights below the height limitations outlined in this Subdivision, which shall be a permitted use in all districts except single-family residential and Historic Districts subject to Subsection (1)(e)(ii) of this Section below. New, replacement, or modification of authority poles under the following circumstances shall not be considered a permitted use under this Section:
i.
Proposals to construct or modify an authority pole that exceeds the greater of fifty (50) feet AGL or more than ten (10) feet above the tallest existing authority pole as of January 1, 2019, within five hundred (500) feet of the proposed authority pole in the City; and
ii.
Proposals to colocate on an existing authority pole in place on August 28, 2018, that exceeds the height of the existing authority pole by more than ten (10) feet.
2.
Application Procedure. Application for a permitted use under this Section shall require submission of an application with proof of owner consent and an application fee of one hundred dollars ($100.00) per small wireless facility and an application fee of five hundred dollars ($500.00) for the installation, modification, or replacement of a utility pole and colocation of a small wireless facility thereon as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by law. If the applicant is not a wireless services provider, the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a wireless services provider within one (1) year of the permit's issuance date. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this Division and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general requirements of this Division. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a permitted use within the time frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial. With respect to a proposed colocation of a small wireless facility or installation, modification, or replacement of a utility pole, the Director may deny the application only if the proposal could reasonably be expected to:
a.
Materially interfere with the safe operation of traffic and control equipment or City-owned communications equipment;
b.
Materially and demonstrably interfere with the safe operation of traffic control equipment or City-owned communications equipment;
c.
Materially and demonstrably interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
d.
Materially interfere with compliance with the American Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;
e.
Materially obstruct or hinder the usual travel or public safety on the rights-of-way;
f.
Materially obstruct the legal use of the rights-of-way by the City, utility, or other third-party;
g.
Fail to comply with the spacing requirements;
h.
Fail to comply with applicable national safety codes, including recognized engineering standards for utility poles or support structures;
i.
Fail to comply with the decorative pole replacement requirements herein; or
j.
Fail to comply with undergrounding requirements.
Section 42-435 Administrative Approval.
[Ord. No. 4762, 10-2-2023]
1.
Administrative Approval. The placement of wireless communications facilities fully conforming with the general requirements in this Section are permitted in all zoning districts (including the right-of-way) by administrative permit approved by the Director only as follows:
a.
Disguised Support Structures. Any disguised support structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation that is recorded on the property that runs with the land for the benefit of the public, prohibiting modifications to the disguised support structure that defeats the disguise, unless such proposed modification is approved by a duly authorized zoning or conditional use approval approved. If the applicant does not wish to have such a condition, the application shall not qualify for administrative permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently defeated. A disguised support structure proposed to be located within a public or private right-of-way, street, or other pedestrian or vehicular way may be exempted from the general requirements of this Article relating to parking/access and setbacks, unless determined by the Director as applicable to the specific location for safety reasons or other applicable reasons.
b.
Fast-Track Small Wireless Facilities. An application for a fast-track may be approved administratively by the Director, subject to meeting the following requirements:
i.
General Requirements. The following requirements shall generally apply to all fast-track located within the City:
1.
The fast-track shall substantially match any current aesthetic or ornamental elements of the existing structure or utility pole, or otherwise be designed to maximally blend in to the built environment, with attention to the current uses within the district at the proposed site;
2.
Any portion above the existing structure or utility pole shall be concealed and of the same dimensions and appearance so as to appear to be a natural extension of the existing structure or utility pole in lieu of an enclosure or concealment;
3.
The fast-track equipment shall not emit noise audible from the building line of any residentially zoned or used property; and
4.
Location, placement, and orientation of the fast-track shall, to the extent feasible, minimize the obstruction to, or visibility from, the closest adjacent properties unless otherwise required by the City for safety reasons.
ii.
Additional Requirements When Sited Near Pedestrian And Vehicle Ways. When a fast-track is proposed to be located on an existing structure or utility pole on or adjacent to public or private streets, sidewalks, or other pedestrian or vehicle ways:
1.
The height of all portions of the fast-track shall be located at least eight (8) feet above ground level;
2.
No ground equipment shall be permitted; and
3.
No portions of the fast-track shall extend horizontally from the surface of the utility pole or existing structure more than sixteen (16) inches.
iii.
Waiver For Good Cause Shown. Additionally, the Director may for good cause shown increase any one (1) or more of the maximum volumetric specifications from the definition of a fast-track by up to fifty percent (50%) if the applicant demonstrates that it:
iv.
The City Council may further waive one (1) or more of the requirements found in the definition of fast-track, or from the general requirements or the additional requirements when sited near pedestrian or vehicle ways of this Subdivision, upon good cause shown by the applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Division. The burden of proof for any waiver shall be wholly on the applicant.
2.
Application Procedures. Applications for administrative permits shall be made on the appropriate forms to the Director consistent with the requirements of this Section. Applications requesting any information that is prohibited by Federal or State law under the applicable circumstance shall be deemed inapplicable to the subject application.
a.
General Application Requirements. Applicant shall submit along with its completed application form:
i.
An application fee of not more than one hundred dollars ($100.00) per "fast-track" small wireless facility as required to partly cover the City's actual costs, and an application fee of not more than five hundred dollars ($500.00) for an application for a disguised support structure and colocation of a small wireless facility thereon and not to exceed such amounts as may be limited by law; any amount not used by the City shall be refunded to the applicant upon written request after a final decision;
ii.
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating the exact location of the facility, all dimensions and orientations of the facility and associated equipment, in addition to all existing and proposed improvements including buildings, drives, walkway, parking areas, and other structures, rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the utility pole or existing structure, if applicable and determined by the Director to be necessary to determine compliance with this Division;
iii.
Specifications, dimensions, photos, or drawings of the completed installation;
iv.
Proof of owner consent;
v.
Certified structural analysis as required in the general requirements of this Division;
vi.
If the applicant is not a wireless services provider, the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a wireless services provider within one (1) year of the permit's issuance date; and
vii.
All other information necessary to show compliance with the applicable requirements of this Division.
b.
Fast-Track Specific Application Requirements. In addition to the above general application requirements, applications for a fast-track shall include the following:
i.
An attestation that the proposed fast-track meets the volumetric and other requirements to meet the definition of fast-track provided in this Division; and
ii.
Information demonstrating that the applicant's proposed plans are in compliance with Section 67.5113.3(9), RSMo., to the satisfaction of the City.
c.
Review. The application shall be reviewed by the Director to determine compliance with the above standards, including specifically design, location, safety, and appearance requirements and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.
d.
Additional Information May Be Required. In reviewing an application, the Director may require the applicant to provide additional information, including technical studies, to the extent permitted by applicable law, and contained in an applicable code provision, ordinance, application, or other public guideline.
e.
Decisions; Denials Required In Writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens and property values consistent with and to affect the purposes of this Division, and subject to applicable law. The Director may consider the purposes of this Division and the factors established herein. A decision to deny an application shall be made in writing and state the specific reasons for the denial. Provided that with respect to a proposed colocation of a small wireless facility or installation, modification, or replacement of a utility pole, the Director may deny the application only for the reasons outlined above.
Section 42-436 Conditional Use Permit.
[Ord. No. 4762, 10-2-2023]
1.
Conditional Use Permit Required. All proposals to construct or modify a wireless communications facilities in a commercial district (not permitted in any residential district) and not permitted by the previous Sections or not fully complying with the general requirements of this Division and except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a conditional use permit, subject to the following additional requirements, procedures, and limitations:
a.
Applications. Applications for conditional use permits shall be filed on such forms required by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for conditional use permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific wireless communications facility. 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.
b.
Decision And Findings Required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
c.
Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of wireless communications facilities pursuant to the previous Sections of these regulations is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
d.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of this Zoning Code for the consideration of conditional use permits, no conditional use permit shall be approved by the City Council unless findings in the affirmative are made that the following conditions exist:
i.
That the design of the wireless communications facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Division;
ii.
That the design is visually compatible with the area, will not distract from the view of the surrounding area, is maximally concealed or blended in with the environment, and will not adversely affect property values;
iii.
That such conditional use shall not be inconsistent or adversely affect the regular permitted uses in the district in which the same is located; and
iv.
That the proposal fully complies with applicable law including the general requirements herein; provided, that an exception to the general requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.
Section 42-437 Removal Of Support Structure.
[Ord. No. 4762, 10-2-2023]
Any wireless communications facility or portion thereof that is no longer in use for its original communications purpose shall be removed at the owner's expense. In the case of multiple operators sharing use of a single support structure, this removal requirement shall not apply to the support structure until all users cease operations of the same.
Section 42-438 Penalty.
[Ord. No. 4762, 10-2-2023]
Except as may otherwise be provided by law, any person violating any provision in this Section shall be subject to penalties as provided by the Zoning Codes and subject State and Federal laws.
Section 42-439 Appeals.
[Ord. No. 4762, 10-2-2023]
The procedures of the Board of Adjustment, shall govern appeals by any aggrieved person of a final action of any City officer, employee, board, commission, or the City Council that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Board of Adjustment, shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law.
Section 42-440 Manufactured Home Parks.
[Ord. No. 4762, 10-2-2023]
The following regulations apply to any new or expanded mobile home park in addition to any conditions of approval which may be imposed.
Section 42-441 Definitions.
[Ord. No. 4762, 10-2-2023]
The following words and phrases shall have the meanings respectively ascribed to them by this Section:
A written license issued by the City Clerk allowing a person to operate and maintain a manufactured home park under the provisions of this Section and regulations of the Zoning Code.
A transportable dwelling unit suitable for year-round occupancy which is constructed at an off-site location and meets the National Manufactured Housing Construction and Safety Standards Act of 1974 and/or any subsequent building regulations.
A parcel of land for the placement of a single manufactured home and the exclusive use of its occupants.
A parcel of land which has been planned and improved for the placement of manufactured homes for non-transient use.
That part of an individual lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.
A transportable dwelling unit suitable for year-round occupancy that is not constructed to the standards the National Manufactured Housing Construction and Safety Standards Act of 1974. Due to the age and standards of construction of mobile homes, mobile homes are not permitted within the City limits of Rolla.
Section 42-442 General Requirements For Manufactured Housing.
[Ord. No. 4762, 10-2-2023]
1.
It shall be unlawful, within the limits of the City, for any reason to park, store, or place any manufactured home on any street, alley or highway, or other public place, or on any tract of land owned by a person, occupied or unoccupied, within the City, except as provided by this Section.
2.
The City Engineer and Codes Administrator are hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with Section. The City Engineer and Codes Administrator shall have the power to enter at reasonable times upon any private property for the purpose of inspecting and investigating conditions relating to the enforcement of this Section.
Section 42-443 Requirements For Manufactured Home Parks.
[Ord. No. 4762, 10-2-2023]
1.
The person to whom a license for a manufactured home park shall operate the park in compliance with this Section and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
2.
The park management shall notify park occupants of all applicable provisions of this Section and inform them of their duties and responsibilities under this Section.
3.
The park management shall supervise the placement of each manufactured home which includes securing its stability and installing all utility connections.
4.
The park management shall maintain a register containing a record of all manufactured homes and occupants. Such register shall be available to any authorized person inspecting the manufactured home park and shall be preserved for the period required by the health authority. Such register shall contain the names and permanent addresses of all occupants.
5.
The park manager must ensure that all required building permits are obtained prior to moving a manufactured home onto the property.
6.
RV's, travel trailers, tiny houses on wheels, park model homes and similar domiciles which have not been constructed to the standards of a manufactured home are not permitted to be placed, parked, stored, or occupied in a manufactured home park without approval of a conditional use permit specifically for that use.
7.
The manufactured home park occupant shall comply with all applicable requirements of this Section and shall maintain their manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.
8.
A manufactured home shall not be occupied for dwelling purposes unless it is properly secured and connected to water, sewerage and electrical utilities.
9.
All manufactured homes shall be located at least ten (10) feet from any manufactured home park property boundary line abutting upon a public street or highway and at least fifteen (15) feet from other park property boundary lines.
10.
Off-street parking areas shall be provided in all manufactured home parks for the use of occupants. Parking may be provided through a shared parking lot(s) or by provision for parking on each manufactured home lot. If parking is provided on each lot, a minimum of two (2) spaces are required per lot. If parking is provided by a shared parking area, a minimum of one and half (1.5) spaces are required for each manufactured home lot the parking area is intended to serve.
11.
Required car parking spaces shall be so located as to provide convenient access to the manufactured home, but shared parking shall not exceed a distance of two hundred (200) feet by walking distance along a sidewalk or drive from the manufactured home that it is intended to serve.
12.
Sidewalks are required to be constructed along the street frontage of a manufactured home park, connecting to the sidewalk on all street frontages, along all manufactured home park streets or drives serving lots within the park, and connecting to all common facilities.
13.
One (1) or more storm shelters constructed to meet ICC-500 are required to serve all residents for manufactured home parks with ten (10) or more lots.
14.
A site plan submitted for approval of a new or expanded manufactured home park must include the following elements in addition to all applicable elements of a site plan:
a.
Proposed manufactured home lots.
b.
Proposed streets or drives to serve each lot.
c.
Required sidewalks.
d.
Proposed common facilities including any clubhouse, office, pools, storm shelters, laundry facilities, recreation areas, storage areas, etc.
e.
Proposed parking areas.
f.
Proposed lighting.
g.
Locations of any proposed private utilities.
Section 42-444 Manufactured Home Park License.
[Ord. No. 4762, 10-2-2023]
1.
It shall be unlawful for any person to operate any manufactured home park within the limits of the City unless he/she holds a valid license issued annually by the City Clerk in the name of such person for the specific manufactured home park.
2.
All applications for licenses shall be made to the City Clerk who shall issue a license upon compliance by the applicant with provisions of this Section and of other applicable legal requirements.
3.
Every person holding a license shall give notice, in writing, to the City Clerk within twenty-four (24) hours after having sold, transferred, given away, or otherwise disposed of interest in or control of any manufactured home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such manufactured home park. Upon application, in writing, for transfer of the license and deposit of a fee of thirty-five dollars ($35.00), the license shall be transferred if the manufactured home park is in compliance with all applicable provisions of this Section.
4.
Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant, as to the truth of the application and by the payment of a license fee of thirty-five dollars ($35.00), and shall contain the name and address of the applicant; the location and legal description of the manufactured home park; and a site plan of the mobile home park or travel trailer park, showing all lots, structures, roads, walkways and other service facilities.
5.
Applications for annual renewals of licenses shall be made, in writing, by the holders of the licenses and shall be accompanied by the payment of a fee of thirty-five dollars ($35.00) and shall contain any change in the information submitted since the original license was issued or the latest renewal granted.
6.
Any person whose application for a license under this Section has been denied may request and shall be granted a hearing on the matter before the Board of Adjustment.
7.
Whenever, upon inspection of any mobile home park or travel trailer park, the City Engineer or Codes Administrator finds that conditions or practices exist which are in violation of any provision of this Section or other regulations, the City Engineer or Codes Administrator shall give notice, in writing, to the person to whom the license was issued that unless such condition or practices are corrected within a reasonable period of time specified in the notice by the City Engineer or Codes Administrator, the license shall be suspended. At the end of such period, the City Engineer or Codes Administrator shall re-inspect such manufactured home park and, if such conditions or practices have not been corrected, he/she shall suspend the license and give notice, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of suspension, such person shall cease operation of such manufactured home park.
8.
Any person whose license has been suspended, or who has received notice from the City Engineer, that his/her license will be suspended unless certain conditions or practices at the manufactured home park are corrected, may request an appeal to an administrative decision to the Board of Adjustment.
Section 42-450 Special Uses.
[Ord. No. 4762, 10-2-2023]
The following Section provides for regulations and requirements for special and particular types of land uses.
Section 42-451 Accessory Structures And Uses.
[Ord. No. 4762, 10-2-2023]
1.
An accessory structure is a building or structure that is located on the same lot as the main or primary building or structure and is subordinate to and detached from the main building. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district.
2.
Any structure or use that meets the definition of an accessory structure or use may be allowed in any district. Accessory structures, include, but are not limited to, the following list of examples:
3.
An accessory building or structure in a residential district is subject to the setbacks of the zoning district in which the property is located, except:
a.
Not less than forty (40) feet back of the front building line for the main building, for pools and portable buildings;
b.
The minimum rear setback may be reduced to five (5) feet;
c.
Not less than five (5) feet from the side lot line;
d.
Not less than ten (10) feet from any lot line for two (2) or more-story accessory building or structure.
4.
Accessory buildings or structures shall comply with the height restrictions of the zoning district, except as provided elsewhere in this Code.
5.
The location of accessory buildings or structures in a non-residential district shall be located consistent with the height, setback, and bulk standards of the zoning district in which the property is located.
6.
Accessory structures such as light poles, flag poles, and statuary are not subject to setback requirements, however, such structure may be prohibited in an easement, depending on the size and ease of removal.
7.
The Board of Adjustment may grant a special exception to allow an accessory building within a side or rear setback if written approval is provided from the adjacent property owner.
8.
Temporary Accessory Storage. Portable on-demand storage units (PODS) or other temporary accessory storage units are allowed for the purposes of storage of household items, construction tools or materials for a period not to exceed sixty (60) days unless used in conjunction with a renovation or new construction project and then must be removed within sixty (60) days of the approved final inspection or the building permit expiration. Temporary accessory storage must be placed on a drive, parking area, or any other hard surfaced area on the property except when the construction or renovation project will not allow for the use of these areas. Temporary accessory storage shall not be placed on a street or other public area without the approval of the Director of Public Works. Temporary accessory storage shall be defined as cargo or storage containers, cargo crates, box trailers, box or utility vans or trucks, van bodies or boxes removed from trailers or other similar vehicles. Temporary accessory storage shall not be required to meet the setback requirements of other permitted accessory buildings or structures due to the temporary nature of their use on site.
9.
A storage unit, shipping container, or other similar product up to two hundred (200) square feet in size may be permitted for use as an accessory structure. Such structure must be approved with a building permit. If located in a residential district, such structure must be sided with a siding similar in appearance to the principal structure.
10.
Accessory structure less than two hundred (200) square feet in area may not require a building permit, but are subject to the setback requirements of this Section. Such structures which are not attached to a foundation and have an empty weight of less than two hundred (200) pounds may be located within utility easements.
11.
Accessory structures are required to be on the same lot as the related principal structure. Specifically, an accessory structure is not permitted on a lot with no principal structure. In the event that a platted lot is proposed to be subdivided such that an accessory building(s) is located on a different lot than the principal structure or the principal structure is demolished or destroyed through any means, the property owner will have one (1) year from the date of approval/demolition/destruction to construct a principal structure on the lot with the accessory building(s) or demolish the accessory structure, unless additional time is granted by the Building Official.
Section 42-452 Child Care.
[Ord. No. 4762, 10-2-2023]
1. CHILD CARE CENTER CHILD DAY CARE CHILD DAY CARE HOME FAMILY CHILD CARE HOME
The following definitions apply to this Section:
A child day care facility serving more than ten (10) unrelated children.
The care of a child away from his/her own home on either a commercial or non-commercial basis for any part of a twenty-four (24) hour period.
An child day care facility serving no more than five (5) unrelated children, with no more than three (3) children under the age of two (2). For the purposes of this Section, children who live in the caregiver's home and who are eligible for enrollment in public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for.
A child care facility serving no more than ten (10) unrelated children. For the purposes of this Section, children who live in the caregiver's home and who are eligible for enrollment in public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for.
2.
Permit. A permit application for a family child care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:
a.
The residence for which a permit is sought shall be the permanent residence of the child day care provider (operator);
b.
No alteration of the principal residential building shall be made that changes the character or appearance of the building to appear to be a commercial use;
c.
Not more than one (1) person, other than someone related by blood, marriage, adoption or custodial relationship to the operator and who also resides in the dwelling unit, shall be employed in the family child care home;
d.
Outdoor play areas shall only be located in the rear yard of a family child care home; and
e.
One (1) exterior, flush-mounted attached sign is permitted not to exceed one (1) square foot in area.
Section 42-453 Residential Group Homes.
[Ord. No. 4762, 10-2-2023]
Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians are permitted in residential zoning districts according to State Statutes and the following limitations:
1.
The structure is not permitted to be altered to appear to be a commercial building.
2.
Not more than one (1) residential group home is permitted to locate with three hundred (300) feet of another residential group home unless such home is not located on the same street.
3.
No sign identifying the residential group home is permitted to exceed one (1) square feet in area.
4.
Signs may not be illuminated and must be attached to the residential group home.
5.
No more than two (2) residents are permitted per bedroom.
Section 42-454 Medical Marijuana Uses.
[Ord. No. 4762, 10-2-2023]
1. MARIJUANA CULTIVATION FACILITY MARIJUANA DISPENSARY FACILITY MARIJUANA TESTING FACILITY MARIJUANA USE MARIJUANA-INFUSED PRODUCTS FACILITY MEDICAL MARIJUANA MEDICAL MARIJUANA PATIENT MEDICAL MARIJUANA USE THEN-EXISTING (MARIJUANA USE)
Definitions. The following definitions apply to the medical marijuana uses Section:
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a dispensary facility, marijuana testing facility, or to a marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri where marijuana and/or marijuana-infused products are dispensed for medical or adult use. Dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party as set forth in Article XIV of the Missouri State Constitution.
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
Any facility or premises which is used for a marijuana dispensary, infused products facility, or cultivation facility.
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a marijuana dispensary facility, a marijuana test facility, or to another marijuana-infused projects facility.
Marijuana that is available only to a qualified patient under the Missouri State Constitution to receive medical marijuana.
A person qualifying under the Missouri State Constitution to receive medical marijuana.
Any facility or premises which is used for a dispensary, infused products facility, or cultivation facility which only provides services or produces products intended only for medical marijuana patients or the primary caregiver of a medical marijuana patient.
Any school, child day care center, 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 prospective State applicant for a marijuana use first notifies the City of Rolla of the applicant's contingent legal right to operate at the proposed location by putting the subject property under contract.
2.
General. The following generally applies to marijuana uses:
a.
In determining compliance with the measured separation, the distance shall be determined by the nearest building corner of the medical marijuana use applicant to the nearest building corner of any school, church or regular place of worship as measured in a straight line.
b.
In determining compliance with the measured separation, the distance shall be determined by the nearest building corner of the marijuana use applicant to the nearest building corner of any school, church or regular place of worship as measured by the shortest path between the demarcation points that can be lawfully traveled by foot; or pursuant to guidance provided by the Missouri Department of Health and Senior Services.
c.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana use facility during regular business hours.
d.
Display Of Licenses Required. The marijuana use license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.
3.
Marijuana Dispensaries. No building shall be constructed, altered or used for a marijuana dispensary without complying with the following regulations in this Section:
a.
No marijuana dispensary shall be located within one thousand (1,000) feet of a "then-existing" elementary or secondary school, child day care center, or church.
b.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary shall take place between the hours of 8:00 A.M. and 8:00 P.M., Monday through Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary may be present in such a facility at any time it is closed to the public.
c.
Site Plan Review. Any plans for a marijuana dispensary shall meet the standard new construction requirements.
d.
Spacing. No marijuana dispensary shall be operated or maintained within five hundred (500) feet of another marijuana dispensary except when marijuana sales represent less than five percent (5%) of the dollar volume of sales.
4.
Marijuana-Infused Products Facility. No building shall be constructed, altered or used for a marijuana-infused products facility without complying with the following regulations:
a.
Distance Requirement. No marijuana-infused products facility using any shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, licensed child day care center, or church.
b.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
Hours Of Operation. All marijuana-infused products facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
d.
Site Plan Review Required. Any plans for a marijuana-infused products facility shall meet standard new construction requirements.
5.
Marijuana Cultivation Facility. No building shall be constructed, altered or used for a marijuana cultivation facility without complying with the following regulations:
a.
Distance Requirement. No marijuana cultivation facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child day care center or church.
b.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
Hours Of Operation. All marijuana cultivation facilities shall be closed to the public, between the hours of 10:00 P.M. and 8:00 A.M. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
d.
Site Plan Review Required. Any plans for an indoor "marijuana cultivation facility" shall meet the standard new construction requirements of the "Manufacturing District" outlined in this Chapter. Any outdoor "marijuana cultivation facility" shall meet the standard requirements for any other crop, except as otherwise set forth herein.
e.
Location. No outdoor "marijuana cultivation facility" shall be permitted within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child day care center or church, or within one thousand (1,000) feet from any residentially zoned property.
Section 42-455 Non-Commercial, Not-For-Profit Neighborhood Facilities.
[Ord. No. 4762, 10-2-2023]
1.
Purpose. The purpose of these requirements is to provide opportunities for necessary and desirable non-commercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood.
2.
Standards. The following standards apply to non-commercial, not-for-profit neighborhood facilities:
a.
The proposed structure(s) shall not be located within any front or rear yards required by this Article or within ten (10) feet of the property line adjacent to the side yards of the lot on which the structures are located. Swimming pool pump and filter operations shall not be located closer than twenty (20) feet to a side or rear property line.
b.
Any outdoor swimming pool will be enclosed by a fence or wall with a minimum height of six (6) feet with gates that shall be self-closing and latching.
Section 42-456 Accessory Dwelling Units.
[Ord. No. 4762, 10-2-2023]
Accessory structures shall be allowed under the following conditions:
1.
One (1) accessory dwelling unit may be permitted on any residential or commercial lot, except for multi-family uses.
2.
An accessory dwelling unit is limited to a maximum of eight hundred (800) square feet in habitable area, except when located in an existing building. In such case, the accessory dwelling unit may utilize the entire basement, floor, or attic area.
3.
An accessory dwelling unit may be attached to an existing structure, constructed within the existing structure, or may be constructed as a separate structure.
4.
Additional off-street parking may be required to meet the minimum parking requirements.
5.
No accessory dwelling unit will be permitted to have separate utilities, utility metering, or addressing from the principal use.
6.
Accessory dwelling units are intended to be used as a guest house, security quarters, servants quarters, or for living quarters for the owner or employee of the attached business.
7.
The accessory dwelling unit may be used as a rental unit. In no case may both the accessory dwelling unit and principal dwelling both be rented separately. The property owner is required to live on the property.
Section 42-457 (Reserved) [1]
Section 42-458 RV Parks.
[Ord. No. 4762, 10-2-2023]
Businesses which provide overnight accommodation for one (1) or more recreational vehicles or trailers must adhere to the following requirements:
1.
One (1) or more storm shelters meeting the requirements of ICC-500 must be provided on the site for all residents and employees.
2.
Recreational vehicles and trailers are not permitted to remain in one (1) rental space for more than six (6) months.
3.
No rental spaces may be established within a regulated floodplain.
4.
RV Parks must be designed to meet the requirements of NFPA 1194.
Section 42-470 Floodplain Development.
[Ord. No. 4762, 10-2-2023]
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
1.
All such proposals are consistent with the need to minimize flood damage;
2.
All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
3.
Adequate drainage is provided so as to reduce exposure to flood hazards; and
4.
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.