Any of the uses in this section may be located in any district by special use permit of the city council, after public hearing, and after recommendation of the planning and zoning commission, under such conditions as to operations, site development, parking, signs and time limit, as may be deemed necessary in order that such use will not seriously injure the appropriate use of neighboring property, and will conform to the general intent and purpose of this chapter. Such uses shall comply with the height and area regulations of the district in which they may be located; except that radio, television and microwave towers and drive-in theater screens may exceed the height regulations.

(1)

Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or fairgrounds;

(2)

Aviation fields or airports, subject to regulations concerning airports;

(3)

Bed and breakfast establishments;

(4)

Cemeteries, mausoleums or crematories for the disposal of the human dead and/or animal remains;

(5)

Day shelter;

(6)

Drive-in theaters;

(7)

Electric substations;

(8)

Emergency shelter;

(9)

Golf driving ranges, commercial or illuminated;

(10)

Gun clubs, skeet shoots or target ranges;

(11)

Hospitals for the insane or feeble minded or alcoholics or drug addicts, or penal or correctional institutions;

(12)

Day care centers in district R-1 or R-2;

(13)

Picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only;

(14)

Mines or quarries, including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials; provided, that no permit shall be issued until and unless the location, site plan and method of operation, including necessary structures, have been submitted to and approved in writing by the council;

(15)

Refuse dumps;

(16)

Reservoirs, wells, towers, filter beds or water supply plants;

(17)

Residential care centers in district R-1 or R-2;

(18)

Residential schools and/or learning centers;

(19)

Riding stables and tracks;

(20)

Sewage, refuse, garbage disposal plants or sanitary fills;

(21)

Support services in an R-3 district;

(22)

Temporary cooling shelter, except as allowed in subsection 64-37(b)(2);

(23)

Temporary warming shelter, except as allowed in subsection 64-37(b)(2);

(24)

Tourist cabins, motels or mobile home courts;

(25)

Wireless communications facilities including cell phone, radio, television and microwave towers per the Uniform Wireless Communications Infrastructure Deployment Act of Missouri (RSMo 67.5090—67.5103);

(26)

Buildings and premises for public utility services, or public service corporations, which buildings or uses the council deems reasonably necessary for public convenience or welfare;

(27)

Automobile or trailer sales rooms or yards, other than premises where used vehicles are dismantled;

(28)

Commercial gymnasiums and recreation centers. For all indoor and outdoor sports, meetings and amusements including tennis, indoor and outdoor, miniature golf, billiards (pool), video arcade, basketball, aerobics, volleyball, racquetball, weightlifting, dancing, soccer, boxing, wrestling, swimming, tanning, including minor and incidental concession facilities for patrons only;

(29)

Car cleaning service;

(30)

Commercial ambulance garages and offices.

(31)

Residential or outpatient facilities for the treatment of alcohol and other drug abuse, provided that said facilities shall only be permitted in district C-1, C-2, C-3, M-1 or M-2.

(32)

Hotels in district C-3 which exceeds 35 feet and two and one-half stories in height up to 100 feet in height and eight stories in height.

(33)

Marijuana dispensary facilities.

(Code 1969, § 34-18; Code 1982, § 31-18; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 6, 8-1-1977; Ord. No. 8006, § 1, 7-16-1984; Ord. No. 8097, § 1, 6-17-1985; Ord. No. 8114, § 1, 8-19-1985; Ord. No. 8128, § 1, 12-2-1985; Ord. No. 8292, § 1, 9-21-1987; Ord. No. 8551, § 1, 11-19-1990; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10511, § 2, 10-3-2016; Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11645, § 2, 9-6-2022; Ord. No. 11753, § 1, 2-22-2023; Ord. No. 11784, § 13, 4-17-2023)

(a)

Construction of a mobile home park within the zoning jurisdiction of the city shall begin only after a special use permit has been granted by the city council, in compliance with this chapter. No such permit shall be granted, however, until a preliminary development plan for the proposed mobile home park has been prepared and submitted by the developer to the planning and zoning commission, and found satisfactory by such commission, and further submitted to the city council with a recommendation for approval.

(b)

Such plan shall be accurately drawn, at a scale acceptable to the public works director, and shall show the following:

(1)

Proposed street and drive pattern;

(2)

Proposed mobile home spaces and their approximate dimensions;

(3)

Any existing streets in or abutting the property;

(4)

Location and size of parking spaces;

(5)

Location and size of park and playground area;

(6)

Screening and landscaping;

(7)

Legal description of the tract;

(8)

Name of the developer and the firm preparing the plan;

(9)

North point, scale and date.

(c)

The planning and zoning commission shall, upon submission of three copies of the plan and an application for a special use permit, publish notice and hold a hearing on the proposal, in conformance with this chapter. The decision of the commission to recommend approval or denial of the proposed mobile home park shall be based upon the following criteria:

(1)

The proposed project will be in harmony, in general, with the comprehensive plan of the city;

(2)

Safe and efficient ingress and egress of vehicular and pedestrian traffic and an adequate level of utility and other services are ensured;

(3)

A safe and healthful living environment will exist for the occupants of the park.

(d)

Upon hearing and consideration of the project, the planning and zoning commission shall, within reasonable time, submit its recommendation and an endorsed copy of the plans to the city council for final action.

(e)

After 24 months from the date of approval of a special use permit by the city council, if the mobile home park is not improved in accordance with the plans to the extent that utilities, surfaced drives and occupied mobile home spaces exist over at least 20 percent of the area of the approved park, the special use permit shall expire, and further development and additional occupancy of the park shall be prohibited. All mobile homes shall be removed within six months of the date of expiration of a special use permit. The owner or his agent may apply for a new special use permit in the case of expiration or cancellation under procedures set out in this chapter.

(f)

The fee for issuance of the permit shall be as set forth in the city fee schedule.

(Code 1969, § 31-34; Code 1982, § 18-21)

For an application for a special use permit for a bed and breakfast establishment, the following information must be submitted:

(1)

Name and address of each owner;

(2)

A floor plan and a site plan must be submitted. Both plans need to be drawn to scale, showing the location of the guestrooms, windows, doors, fire exits, smoke alarms and fire extinguishers but need not be a stamped set of drawings drawn by an architect or engineer for a bed and breakfast establishment located in a residential district. If the bed and breakfast establishment is to be located in a commercial district, then the floor plan and site plan submitted shall be a stamped set of drawings drawn by an architect or engineer;

(3)

State sales tax number is required;

(4)

City business license is required;

(5)

Any interior modifications of the proposed bed and breakfast establishment in the last year prior to said application date; and

(6)

The names and addresses of all of the property owners within a 185-foot radius of the location of the proposed bed and breakfast establishment.

(Code 1982, § 31-72; Ord. No. 8849, § 1, 8-15-1994)

(a)

Purpose and intent. The city recognizes the need for and the benefit of services and temporary or permanent housing for persons and families that are homeless or at risk of becoming homeless. Thus, the goal of this section is to address acute needs of individuals and families by providing basic residential facilities and may include programs which help individuals and families find available social services. This section is intended to allow for the development of facilities to provide services relating to the prevention and reduction.

Homelessness in the city through creation of specified uses and identification of appropriate zoning districts, subject to development and operational standards that minimize potential adverse impacts on nearby properties and the surrounding community. An additional purpose of this section is to provide for the safety, health, and general welfare of persons receiving and providing transitional services.

(b)

Minimum standards.

(1)

No facility subject to this section shall be located within 1,500 feet of a public or private school or licensed daycare. Such distance shall be measured by a straight line from the nearest edges of the property lines.

(2)

All facilities in this article must comply with underlying zoning districts.

(3)

A business license is required for all community residential facilities and shelters.

(4)

For all facilities in this section, the director of community development shall, upon receipt of a special use permit application, report to the planning and zoning commission and the city council the neighborhood characteristics related to land use compatibility and physical character of the neighborhood in which the special use permit is sought.

(5)

Space requirements.

a.

Residential facilities must comply with all applicable standards, including International Building Code (IBC) and International Residential Code (IRC) standards. Confirmation by the building official that the residence complies with applicable IBC and IRC provisions, based on the number of people who may occupy the premises, is required prior to approval of any permit subject to this section.

b.

Shelters must provide at least 50 square feet of space per person occupying the shelter.

(6)

Safety and maintenance. All residential facilities and shelters must continuously comply with applicable property maintenance codes established for residential and commercial structures within the city.

(7)

Code of conduct. All facilities must provide and enforce a written code of conduct, which not only provides for the health, safety, and welfare of the temporary residents, but also mitigates negative impacts to neighbors and the community.

(8)

Site access.

a.

All facilities subject to this section, except permanent supportive housing and transitional housing, must maintain a designated member to serve as a point of contact for the city police department. At least one member must be always on duty at such facility during hours of operation. The names of the currently on-duty members shall be posted in a conspicuous manner at all times during operations.

b.

All facilities subject to this section, except permanent supportive housing and transitional housing, must maintain a registry of all individuals being sheltered on that date and such registry shall be made available to public safety officials upon request.

(9)

Traffic. Traffic mitigation measures shall be established for dwellings that are permitted as emergency housing or transitional housing for 15 or more residents (adults and children) plus managers and other service providers.

(10)

Managers and other service providers. Any residential facility or shelter must have an on-premises manager or sponsor at all times during operations.

(11)

Drugs and alcohol. Use of alcohol, recreational marijuana, and controlled substances, except by prescription, is strictly prohibited on facility premises.

(12)

Dispersal of like facilities. For all emergency housing facilities and transitional housing facilities permitted subject to the provisions of this chapter, the director of community development shall upon receipt of an application, report to the planning and zoning commission and the city council the existence and locations of like facilities to avoid approval of permits for like facilities within a single neighborhood.

(c)

Shelters. In addition to the provisions of subsection 64-127(b), all facilities permitted to operate as shelters are subject to the following provisions of this section.

(1)

The facility shall have on-site supervision during all hours when the shelter is open.

(2)

Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.

(3)

Facilities shall provide secure areas for personal property.

(4)

Shelters shall not exceed 30 beds; provided that such shelters must also otherwise comply with the underlying zoning districts.

(5)

The shelter shall provide on-site parking at a rate of two spaces per staff member employed or volunteer working plus one space per six occupants allowed at the maximum capacity.

(6)

A management plan is required for all shelters upon submission of an application for a special use permit pursuant to this article to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and reviewed by the community development department and a recommendation made to planning and zoning commission and city council prior to the approval of such special use permit. The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter. Such operations plan shall become a part of any approved special use permit, and the special use permit shall stipulate that continued compliance with the operations plan and this section is required for continued operations of the special use. The community development department shall inspect at least annually each shelter to ensure compliance with this section. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan.

(d)

Notice and hearing. The community development department may recommend the suspension or revocation of a special use permit issued pursuant to this section. Prior to making such recommendation, the community development department shall, in writing, provide notice of the reasons for such recommendation. A special use permit holder shall be allowed ten business days to comply with the deficiencies listed in the notice. If after the expiration of ten business days the deficiencies still exist, the community development department may place a public hearing on the agenda for a regularly scheduled city council meeting or a special city council meeting, which allows for at least ten days' written and published notice of the hearing. At the hearing the city council shall hear evidence presented by the community development department, the special use permit holder, and the public. After the close of the public hearing, the city council shall render a decision on whether the special use permit should be suspended or revoked. If a special use permit is revoked pursuant to this section, no application for a new special use permit by the same property owner, or at the same location, may be filed for a period of one year after the date of revocation.

(e)

Emergency powers unaffected. Nothing in this section shall be construed to limit the emergency powers of the mayor or city council as provided by chapter 20 of this Code. In the case there is a conflict between these provisions related to homelessness and the emergency powers, the emergency powers shall supersede.

(Ord. No. 11784, § 14, 4-17-2023)