Smithville, MO Zoning Ordinance

Smithville City Zoning Code

ARTICLE III

Site Development Regulations

Section 400.390 Intent.

[R.O. 1991 § 400.390; Ord. No. 2865-13 § 1(Exh. A § 400.390), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

The City of Smithville recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts and health problems. Also, the City strives to achieve the goal of promoting growth in Smithville, while retaining a unique atmosphere and small City image, capitalizing on the natural beauty and physical resources of the area. The City seeks to ensure that any location that has a potential for preserving natural resources, identified on the recommend land use map in the Comprehensive Plan or that must accommodate intense urban uses, shall be subject to site plan review by the Zoning Administrator and approval by the Planning Commission and the Board of Aldermen. Site plan reviews shall help ensure that the meaning and intent of the zoning regulations and all portions thereof are fully complied with.

The site plan review regulates the development of structures and sites in a manner that considers the following concerns:

The balancing of landowners' rights to use their land with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, storm water runoff, etc.); and

The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas or roads; and

The adequacy of waste disposal methods and protection from pollution of surface or ground water; and

The protection of historic and natural environmental features on the site under review and in adjacent areas; and

The enhancement of the natural environment by promoting urban development which is compatible with clearly identified natural resources.

Section 400.395 Applicability.

[R.O. 1991 § 400.395; Ord. No. 2865-13 § 1(Exh. A § 400.395), 4-2-2013; Ord. No. 3115-21, 9-7-2021; Ord. No. 3224-24, 3-19-2024]

All applications for new building permits in the commercial and industrial zoning districts, the "R-3" Multi-Family District as well on any conditional use permit as allowed in Section 400.570 of this Code located in any district shall be subject to site plan review in accordance with these regulations. Site plan review shall also be required for the expansion of any existing use in these districts. "Expansion" shall include any increase in floor, parking, or storage space. Site plan review may also be required for improvements to the facade of an existing building. This would include attaching or changing any appurtenances, such as, but not limited to, siding, facade, dormers, parapets, columns, pillars, overhangs, and soffits. Such work shall be subject to site plan review at the discretion of the Development Director.

Section 400.400 Application And Fees.

[R.O. 1991 § 400.400; Ord. No. 2865-13 § 1(Exh. A § 400.400), 4-2-2013; Ord. No. 3115-21, 9-7-2021; Ord. No. 3239-24, 10-15-2024]

A site plan application, together with a site plan application fee in an amount determined by the Board of Aldermen and contained in its' Schedule of Fees shall be submitted to the Development Director. In addition to the application fee, the applicant shall pay for all costs associated with any required technical studies and the City's review of such studies, as well as reimburse the City for all expenses associated with any notices and/or mailings provided because of any application herein.

Section 400.405 Procedure.

[R.O. 1991 § 400.405; Ord. No. 2865-13 § 1(Exh. A § 400.405), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

No building permits shall be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is required, until site plan approval has been granted pursuant to these procedures. The Development Director shall perform site plan reviews initially. The initial review shall be to determine compliance with the submittal requirements herein. Once the submittal is deemed complete, the Development Director and the Development Review Committee shall review the application and supporting documents in accordance with the standards of review contained herein. The Development Director may request any such technical studies as deemed necessary in order to ensure compliance with the requirements of the Zoning Code. The application shall thereafter be scheduled on the next available Planning Commission meeting. The Planning Commission shall review and make any such recommendations for approval, approval with conditions or denial as it deems necessary to ensure compliance with the provisions of this Article. Within seven (7) days of this meeting, the Development Director shall notify the applicant of the date of the Board of Aldermen meeting where the application will be presented. The Board of Aldermen shall review the report of the Development Review Committee, the recommendations of the Planning Commission and any additional information it deems relevant. The Board may approve, approve with conditions or disapprove of the application in accordance with the standards of review of this Article. The Development Director shall provide written notification to the applicant of the Board's determination within seven (7) days of the meeting.

A site plan review is valid for one (1) year from the date of approval of the Board of Aldermen. In the event that a project granted site plan approval is not started within the twelve-month period from the time the site plan was approved or completed within twenty-four (24) months from said approval unless a phased construction plan is requested and approved, the site plan approval shall be invalid, and resubmission shall be required. Resubmissions pursuant to this Section shall be subject to all applicable ordinances and policies in effect at the time of resubmission.

If the development involves multiple buildings in one (1) cohesive development area which is subject to the preliminary and final platting procedures of the Subdivision Code of the City of Smithville, the site plan review standards required herein shall be reviewed and approved at or during the final platting process, without regard to the separate site plan review procedures above. If the development receives final plat and site plan approval, the site plan approval granted therein shall be valid for a period of five (5) years if the project is started within the twelve-month period from the time the site plan was approved. For purposes of this provision, a project is "started" if construction on at least one (1) of the buildings contemplated therein is commenced within twelve (12) months and completed within twenty-four (24) months. If the project is not "started," said site plan approval shall be invalid and resubmission of an application for site plan approval shall be required and the procedures listed above shall apply. Any final plat approval that includes a site plan approval is limited to the buildings contained in the original site plan review. Whether or not the site plan is "started," the continued validity of the final plat shall be subject to the requirements of Article VI of the Subdivision Code. The Board may, in its approval of the final plat and site plan, allow more time in accordance with a phasing plan submitted by the applicant; or may extend the original period of validity, if, prior to termination thereof, the applicant requests an extension for good cause shown. The Board shall have full discretion in determining what constitutes good cause.

Section 400.410 Standard Of Review.

[R.O. 1991 § 400.410; Ord. No. 2865-13 § 1(Exh. A § 400.410), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

The recommendations of the Development Review Committee, the Planning Commission and the Board of Aldermen shall be based upon the following standards:

The extent to which the proposal conforms to these regulations.

The extent to which the development would be compatible with the surrounding area.

The extent to which the proposal conforms to the provisions of the City's subdivision regulations concerning the design and layout of the development, as well as water system, sewer system, stormwater protection and street improvements.

The extent to which the proposal conforms to the policies and provisions of the City's Comprehensive Plan.

The extent to which the proposal conforms to the adopted engineering standards of the City.

The extent to which the locations of streets, paths, walkways and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.

The extent to which the buildings, structures, walkways, roads, driveways, open space and parking areas have been located to achieve the following objectives:

Preserve existing off-site views and create desirable on-site views;

Conserve natural resources and amenities available on the site;

Minimize any adverse flood impact;

Ensure that proposed structures are located on suitable soils;

Minimize any adverse environmental impact; and

Minimize any present or future cost to the municipality and private providers of utilities in order to adequately provide public utility services to the site.

The Board of Aldermen may waive any or all these provisions for reasonable cause.

Section 400.415 Submission Requirements.

[R.O. 1991 § 400.415; Ord. No. 2865-13 § 1(Exh. A § 400.415), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

The site plan shall include the following data, details and supporting plans which are found relevant to the proposal. The number of pages submitted will depend on the proposal's size and complexity. The applicant shall make notations explaining the reasons for any omissions.

Site plans shall be prepared by a registered professional engineer, architect or landscape architect at a scale of one (1) inch equals twenty (20) feet on standard twenty-four-inch by thirty-six-inch sheets. Items required for submission include:

Name of the project, address, boundaries, date, north arrow and scale of the plan(s). If more than one (1) sheet is used, each sheet shall provide the title of the matter displayed, e.g., site plan, utility plan, lighting plan.

Name and address of the owner of record, developer and seal of the engineer, architect or landscape architect.

Name and address of all owners of record of abutting parcels, as well as the land uses and structures (within one hundred eighty-five (185) feet) thereon.

All existing lot lines, easements and rights-of-way, as well as a table identifying the area in acres or square feet.

The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area and show all exterior entrances and all anticipated future additions and alterations. For developments in the historic Central Business District ("CBD") indicate design details to make new construction compatible with existing structures.

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences.

Detailed drawings of all screening to be constructed indicating the type of construction, material to be used and visual appearance of said screening. Screening, includes, but is not limited to, waste disposal containers, storage areas and mechanical equipment.

A lighting plan in conformance with the criteria as set forth in Section 400.680.

The location, height, size, materials and design of all proposed signage. Final approval of signs is by a separate permit process.

10.

A landscaping plan in conformance with the criteria as set forth in Section 400.685.

11.

The location of all present and proposed utility systems including: sewerage or septic system; water supply system; telephone, cable and electrical systems; and storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes and drainage swells.

12.

Plans to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable. The applicant shall provide a copy of an erosion control plan for review as well as a copy of a Missouri Department of Natural Resources land disturbance permit (if required). The erosion control plan shall utilize best management practices as prescribed in the Missouri DNR principles of best management guidelines. The applicant shall adhere to the City of Smithville Erosion and Sediment Control Manual.

13.

Existing and proposed topography shown at not more than two-foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

14.

Zoning district boundaries adjacent to the site's perimeter shall be drawn and identified on the plan.

15.

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred (100) feet of the site.

If requested by the City, the applicant shall provide a detailed traffic study that includes:

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given.

16.

For new construction or alterations to any existing building, a table containing the following information must be included:

Area of building to be used for a particular use, such as retail operation, office, storage, etc.;

Percentage of facade surface area consisting of glass, windows or other clear openings;

Maximum number of employees;

Maximum seating capacity, where applicable;

Number of parking spaces existing and required for the intended use; and

Method by which large areas of paved parking are broken by appropriate landscaping.

17.

Color photographs of surrounding structures within one hundred eighty-five (185) feet of sufficient detail to determine compliance with these provisions.

18.

In developments proposed in a "R-3" District where the platting process is not implicated or required, the proposal must also show how the project meets the requirements for dedication or reservation of public open space as is described in Sections 425.200 — 425.230 of the City Code, which shall include payment in lieu of dedication requirements if no dedication or reservation is included or accepted.

Section 400.419 Development Standards In "R-3" Districts.

[Ord. No. 3115-21, 9-7-2021]

Intent. All residential building and sites shall be constructed with materials that are durable, economically maintained and of a quality that will retain their appearance over time.

Building Materials. The materials used shall meet the intent of this Section by being of such quality, design and type that they will maintain their installed appearance overtime. These materials must be organized in a cohesive development pattern for each of the proposed buildings in the development area.

Building Color. Color schemes shall tie building elements together, relate separate (freestanding) buildings within the same development to each other and shall be used to enhance the architectural form of a building. The principal color of all structures shall be generally earth tones, grays and blue-grays or combinations thereof. Intense, bright, black or fluorescent colors must be specifically requested and can only be approved by the Board of Aldermen and in no event shall they be the predominate color on any wall or roof.

Building Massing And Facade Treatment.

Variation In Massing. A single, large dominant building mass shall be avoided.

All building walls shall have horizontal and vertical architectural interest and variety to avoid the effect of a single, blank, long or massive wall with no relation to human scale.

Site Layout Principles. Access to the development should take into account the service level of the adjacent roadways and shield or buffer the residential buildings from traffic noise and conflicts associated with higher level roadways, building orientation.

All primary and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent and existing developments and either:

(1)

Frames the corner of an adjacent street intersection; or

(2)

Frames and encloses a "main street" pedestrian and/or vehicle access corridor within the development site; or

(3)

Frames and encloses on at least three (3) sides parking areas, public spaces or other site amenities.

(4)

Alternatives. An applicant may submit an alternative development pattern, provided such pattern achieves the intent of the above standards and this Section.

Parking Lot Layout.

(1)

In order to reduce the scale of paved surfaces and to shorten the walking distance between the parked car and the building, off-street parking for all developments shall be located according to one (1) of the following:

(a)

A minimum of forty percent (40%) of the off-street parking spaces provided shall be located other than between a facade facing a public right-of-way and the public right-of-way (e.g., to the rear or side of the building); or

(b)

More than sixty percent (60%) of the off-street parking spaces provided may be located between the front facade of the primary building(s) and the abutting street, provided the amount of interior and perimeter parking lot landscaping required is increased by fifty percent (50%) and the overall green space is increased by twenty-five percent (25%).

Lighting Standards. Since the development is primarily residential in nature, lighting shall be designed for safety as its' primary goal. To the extent the development is adjacent to residential uses other than "R-3," a photometric plan showing the development meets the off-site standards required of commercial developments in Section 400.430 is required. Parking lot lighting shall be limited to illuminating the parking areas without spilling over into other areas of the site or off-site. The height of light poles should be consistent with the overall development design, but in no event shall the lights be more than twenty (20) feet above adjacent grade. Building attached lighting shall be directed downward, and in no event should it be directed such that its glare is off-site. Pedestrian walkway lighting shall be such that it primarily illuminates the path(s) involved with generally low stature lights. If necessary or an integral part of the design of the development, taller lights may be installed, but in no event shall they exceed ten (10) feet from adjacent grade.

Landscaping Standards. To maintain the general residential feel of the development, landscaping should be designed in accordance with its location. In all developments, existing mature trees that are not required to be removed for construction should remain in place. The development should be buffered from adjacent roadways with either a combination of berms and medium stature trees, or without berms a combination of both higher stature trees and low standing non-deciduous trees or shrubs. Grouping or clustering such trees in a natural looking state is desired. In the event a building or parking area is adjacent to a public street, the landscape buffering requirements in Section 400.435(C)(3) shall be met.

Pedestrian And Recreation Considerations. In addition to the considerations identified in Section 400.415(B)(18), above, all residential developments shall account for the recreational needs of the project residents as well as providing access to the public recreational offerings. In order to meet the public offering requirements, the standards in the Comprehensive Plan and Parks Master Plans of the City of Smithville shall be the prime consideration.

Section 400.420 Development Standards In "B-1," "B-2" And "B-3" Districts.

[R.O. 1991 § 400.420; Ord. No. 2865-13 § 1(Exh. A § 400.420), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

Intent. All buildings shall be constructed or clad with materials that are durable, economically maintained and of a quality that will retain their appearance over time.

Building Materials.

Approved Materials. The following materials shall be used on all commercial and/or office buildings.

(1)

Natural or synthetic stone complying with applicable building codes;

(2)

Brick;

(3)

Integrally colored, textured or glazed concrete masonry units;

(4)

Pre-cast, cast-in-place or tilt-up concrete panels with a rough texture;

(5)

Stucco;

(6)

Glass, including glass curtain walls, glass block;

(7)

Architectural metal wall panels provided no more than twenty-five percent (25%) on any facade and located four (4) feet or more above grade;

(8)

Cementitious fiber planking, siding or panels with the appearance of wood meeting applicable building codes and located four (4) feet or more above grade.

Prohibited Materials. The following exterior building materials shall be prohibited if used as the primary material proposed:

(1)

Metal, except when used only in an incidental role such as trim, architectural features, standing seam metal roofing or other architectural metal siding or roofing as specifically approved.

(2)

Natural wood, wood siding, wood and plywood paneling unless approved as a portion of a facade treatment that articulates multiple materials;

(3)

Split shakes, rough-sawn or board and batten wood when used as siding;

(4)

Vinyl siding unless approved as a portion of a facade treatment that articulates multiple materials;

(5)

Smooth-faced gray concrete block either unpainted, painted or stained;

(6)

Tilt-up concrete panels without rough texture surface.

Conditional Materials. The Governing Body as a part of a site development plan can approve new materials not listed above.

Building Color.

Color schemes shall tie building elements together, relate separate (freestanding) buildings within the same development to each other and shall be used to enhance the architectural form of a building.

All roof penetrations and building projections, including, but not limited to, chimneys, flues, vents, gutters, access ladders and meters shall match or complement the permanent color of the adjacent building wall and/or roof materials.

All service, delivery and overhead doors shall match or complement the permanent color of the adjacent building wall.

Colors of all buildings, structures and appurtenances shall be compatible with developed properties within one hundred eighty-five (185) feet. The principal color of all structures shall be generally light earth tones, grays and blue-grays or combinations thereof. Intense, bright, black or fluorescent colors must be specifically requested and can only be approved by the Board of Aldermen and in no event shall they be the predominate color on any wall or roof.

Building Massing And Facade Treatment.

Variation In Massing. A single, large dominant building mass shall be avoided.

All building walls shall have horizontal and vertical architectural interest and variety to avoid the effect of a single, blank, long or massive wall with no relation to human scale. The building design shall be consistent with the following standards:

(1)

Vertical Wall Articulation. There shall be no blank, unarticulated building walls exceeding thirty (30) feet in length. All building walls shall be designed to meet the following standards:

(a)

Any wall exceeding thirty (30) feet in length shall include vertical architectural features such as columns, ribs, pilasters, piers, changes in wall planes, changes in texture or materials and window/door pattern no less than twelve (12) inches in width.

(b)

The total width of the vertical feature(s) shall extend at least ten percent (10%) of the entire length of the facade.

(c)

All building walls shall include materials and design characteristics consistent with those on the front entry facade.

(2)

Horizontal Wall Articulation. All building walls shall present a clearly recognizable base, middle and top by meeting the following standards:

(a)

A recognizable "base" may consist of, but is not limited to:

(i)

Thicker walls, ledges or sills;

(ii)

Integrally textured materials such as stone or other masonry;

(iii)

Integrally colored and patterned materials such as smooth-finished stone or tile; or

(iv)

Lighter or darker colored materials or panels.

(b)

A recognizable "top" may consist of, but is not limited to:

(i)

Cornice treatments, other than colored "stripes" or "bands" with integrally textured materials such as stone or other masonry or differently colored materials;

(ii)

Sloping roof with overhangs and brackets;

(iii)

Stepped parapets; or

(iv)

Lighter or darker colored materials from the base.

Site Layout Principles.

Building Orientation. All buildings shall be oriented so that the primary facade meets the following standards:

(1)

Buildings located mid-block should be oriented with the primary facade facing the public right-of-way, unless it can be shown that there are compelling site conditions that necessitate a different orientation. If site conditions necessitate that the primary customer entrance not face the public right-of-way, then the building is considered to have two (2) primary facades, the one (1) facing the right-of-way and the one (1) with the primary customer entrance.

(2)

Buildings on corner lots should be oriented with the primary facade facing a public right-of-way, unless it can be shown that there are compelling site conditions that necessitate a different orientation. If site conditions necessitate that the primary customer entrance not face the public right-of-way, then the building is considered to have three (3) primary facades, the two (2) facades that face public rights-of-way and the facade that incorporates the customer entrance.

(3)

Buildings on double-frontage lots should have the primary customer entrance oriented to face the higher classified street, unless it can be shown that there are compelling site conditions that necessitate a different orientation. In the case where both streets have the same classification, the orientation shall follow the pattern established in the existing properties along the street frontage.

Primary Facades. Primary facades shall have at least two (2) of the following:

(1)

A primary customer entrance.

(2)

Arcades or colonnades a minimum of six (6) feet wide or other roof treatment that provides shade and a break in the vertical plane, along at least thirty percent (30%) of the horizontal length of the primary facade.

(3)

Display windows or other clear openings along at least forty percent (40%) of the horizontal length of the primary facade.

(4)

Awnings, associated with window and/or doors, in maximum increments of fifteen (15) feet or less in length, along at least fifty percent (50%) of the horizontal length of the primary facade. No writing, logos or other advertising may be placed upon any such awnings.

(5)

For parcels less than one-half (1/2) acre, foundation landscaping adjacent to and along the full length of the primary facade. The landscaped area shall be a minimum of eight (8) feet wide and shall include ten (10) shrubs with one (1) shade tree or two (2) ornamental trees for each twenty-five (25) feet or fraction thereof of the lineal building facade. This landscaping is in addition to other landscaping required by this Article.

(6)

Any other treatment that, in the opinion of the Development Review Committee, meets the intent of this Section.

Secondary facades shall be designed with consistent architectural style, detail, trim features and roof treatments of the primary facade as required in the building massing and facade treatment Section above. A secondary facade with a primary customer entrance shall, by definition, meet the primary facade requirements.

Customer Entrances.

(1)

All buildings shall comply with the following design standards:

(a)

Buildings with fifty thousand (50,000) square feet or more of gross floor area shall have more than one (1) customer entrance. Smaller buildings are encouraged to provide multiple entrances where practicable.

(b)

Where additional businesses will be located in the primary building, each such store may have an exterior customer entrance, which shall comply with the prominent entrance requirement below.

(2)

Prominent Entrances Required. Every building, including all buildings when located on a single site, shall have clearly-defined, highly-visible customer entrances as required in Subsection (A)(4)(d)(1) above featuring no less than three (3) of the following:

(a)

Canopies or porticos;

(b)

Awnings;

(c)

Overhangs;

(d)

Recesses/projections;

(e)

Arcades;

(f)

Raised corniced parapets over the door;

Peaked roof forms;

Arches;

Outdoor patios;

Display windows;

Architectural detail, such as tile work, brick detailing and moldings integrated into the building structure and design; or

(l)

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(3)

Awnings.

(a)

Awnings shall be no longer than a single storefront.

(b)

Fabric awnings are encouraged; canvas awnings with a matte finish are preferred. Awnings with high gloss finish are discouraged. Illuminated, plastic awnings are prohibited.

(c)

Awning colors shall be compatible with the overall color scheme of the facade from which it projects. Solid colors or subtle striped patterns are preferred.

Parking Lot Layout.

(1)

(a)

(b)

More than sixty percent (60%) of the off-street parking spaces provided may be located between the front facade of the primary building(s) and the abutting street, provided, the amount of interior and perimeter parking lot landscaping required is increased by fifty percent (50%) and the overall green space is increased by twenty-five percent (25%).

Multiple Building Developments.

(1)

Site Layout And Building Orientation. All primary and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent and existing developments and either:

(a)

Frames the corner of an adjacent street intersection; or

(b)

Frames and encloses a "main street" pedestrian and/or vehicle access corridor within the development site; or

(c)

Frames and encloses on at least three (3) sides parking areas, public spaces or other site amenities.

(2)

Alternatives. An applicant may submit an alternative development pattern, provided such pattern achieves the intent of the above standards and this Section. Strictly linear or strip commercial development patterns shall be avoided, unless the usable lot shape would prohibit any other reasonable layout.

Single Building Developments.

(1)

Unless part of a larger planned development, when there is only one (1) building in a proposed development, the development shall comply with the following standards:

(a)

Single-Tenant Building. A single-tenant building shall be oriented toward the primary abutting street and shall comply with the provisions of the site layout principles listed above.

(b)

Multi-Tenant Building. A multi-tenant building shall have at least fifty percent (50%) of the building's "active" wall oriented toward the primary abutting street and shall comply with the site layout principles listed above. Deep setbacks behind large expanses of parking areas or vacant land shall be avoided. For purposes of this standard, the "active" wall shall be the side of the building containing the majority of storefronts, customer entrances and windows.

(2)

Alternatives. An applicant may submit an alternative development pattern, provided such pattern achieves the intent of the above standards and this Section. Strictly linear or "strip" commercial development patterns shall be avoided, unless the usable lot shape would prohibit any reasonable use.

Section 400.421 Development Standards In "B-4" Districts.

[R.O. 1991 § 400.421; Ord. No. 2865-13 § 1(Exh. A § 400.421), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

Intent. All buildings shall be constructed or clad with materials that are durable, economically maintained and of a quality that will retain their appearance over time. Given the inclusion in this District of many of the older, historical buildings in the downtown area of the City, the intent is to encourage new building construction that is harmonious with the character of the buildings adjacent to any existing structure; to regulate the materials used on existing buildings so as to highlight the architecture of the building; and, to exempt existing buildings that are either in a historic district or are individually identified as historic and any such exempted properties must complete rehabilitation or remodeling in accordance with the Secretary of Interior's Guidelines for Rehabilitation of a Historic Property.

Building Materials.

Any material allowed in Section 400.420 may be used in the "B-4" District for construction of a new building, and any additional materials, including prohibited materials, may be used if presented in an overall development proposal that does not negatively impact property values in the area. In keeping with the intent of this Section, repairs, additions or changes to an existing building should strive to highlight the architectural details of the existing building, and any proposed materials may be submitted for review, so long as the intent of including the material is part of a design concept that takes into account the existing structure, and is harmonious with the adjacent buildings.

Building Color.

Color schemes shall strive to tie building elements together, highlight significant architectural details consistent with original usages and generally enhance the historic nature of the area.

All roof penetrations, building projections and building equipment shall match or complement the permanent color of the building, or be otherwise shielded from view from the public right-of-way.

Building Massing And Facade Treatment. All new construction shall be designed to enhance the look of the district and should, to the extent practicable, conform to the intent of the overall district.

Site Layout Principles. New buildings constructed in this district should, to the extent practicable, match the setbacks of the adjacent structures from the existing right-of-way, but in no event shall any primary entrance door open directly into the path of the public right-of-way. Any remodel or addition to an existing structure shall make changes to recess any primary entrance into the building so as to not obstruct any public right-of-way when opened.

Section 400.425 Development Standards In "I-1" And "I-2."

[R.O. 1991 § 400.425; Ord. No. 2865-13 § 1(Exh. A § 400.425), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

Building Materials.

Building Material Wrap. The exterior building materials utilized on the street facade(s) shall be extended in a continuous wrap around to the non-street facing facade by a minimum of thirty percent (30%) of the building wall length. Any other treatment that, in the opinion of the Development Review Committee, meets the intent of this Section may be approved.

Industrial buildings on industrial zoned properties adjacent to arterial or higher classified streets shall utilize the following materials.

All building walls(s) facing a public or private street shall utilize one hundred percent (100%) of the following materials:

(1)

Natural or synthetic stone complying with applicable building codes; or

(2)

Brick; or

(3)

Integrally colored concrete masonry (CMU) with split-face, fluted, scored or other rough texture finish; or

(4)

Pre-cast, cast-in-place or tilt-up concrete panels with a rough texture surface; or

(5)

Stucco located four (4) feet or more above grade; or

(6)

EIFS or synthetic stucco, provided no more than twenty-five percent (25%) is used on any facade and located four (4) feet or more above grade; or

(7)

Glass including glass curtain walls, glass block, excluding mirror glass which reflects more than forty percent (40%) of incident visible light; or

(8)

Architectural metal wall panels, provided no more than twenty-five percent (25%) on any facade and located four (4) feet or more above grade.

All building wall(s) not facing a public or private street shall utilize the following materials:

(1)

A minimum of fifty percent (50%) of the building wall area shall be approved materials listed in Subsection (A)(2)(a) above.

(2)

Pre-finished/pre-engineered metal siding panels and/or pre-engineered and pre-finished rough textured metal siding panel systems with a rough texture surface (meeting adopted building codes) or smooth pre-cast, cast-in-place or tilt-up concrete panels may be used on the remaining building wall area.

Industrial buildings on industrial zoned properties adjacent to streets not classified as arterial or higher classified streets shall utilize the following materials:

(1)

All building wall(s) facing a public or private street shall utilize the following materials:

(a)

A minimum of fifty percent (50%) of the building wall area shall be approved materials listed in Subsection (A)(2)(a) above.

(b)

(2)

All building wall(s) not facing a public or private street may utilize pre-engineered or pre-finished rough textured metal siding panel systems with a rough texture surface, which meet adopted building codes or smooth pre-cast, cast-in-place or tilt-up concrete panels.

Prohibited Materials. The following exterior building materials shall be prohibited:

(1)

Metal panel siding with a thickness of less than twenty-four (24) gauge and with a corrugation of less than one and one-fourth (1 1/4) inch depth;

(2)

Natural wood, wood siding, wood and plywood paneling;

(3)

Vinyl siding;

(4)

Smooth-faced gray concrete block either unpainted, painted or stained;

(5)

Tilt-up concrete panels without rough texture surface on any building wall(s) facing a public or private street.

Conditional Materials. The Governing Body as a part of a site development plan can approve new materials not listed above.

Building Color.

All service, delivery and overhead doors shall match or complement the permanent color of the adjacent building wall.

Colors of all buildings, structure and appurtenances shall be compatible with developed properties within one hundred eighty-five (185) feet. The principal color of all structures shall be generally light earth tones, grays and blue-grays or combinations thereof. Intense, bright, black or fluorescent colors must be specifically requested and can only be approved by the Board of Aldermen and in no event shall they be the predominate color on any wall or roof.

Building Massing And Facade Treatment.

Variation In Massing. A single, large dominant building mass shall be avoided.

Vertical Wall Articulation. There shall be no blank, unarticulated building walls exceeding sixty (60) feet in length. All building walls shall be designed to meet the following standards:

Any wall exceeding sixty (60) feet in length shall include vertical architectural features such as columns, ribs, pilasters, piers, changes in wall planes, changes in texture or materials and window/door pattern no less than twelve (12) inches in width.

Any vertical features mentioned in Subsection (C)(2)(a) above shall have a depth of at least six (6) inches. The total area of the vertical features shall encompass at least five percent (5%) of the entire length of the facade.

Options include:

(1)

Alteration of material types;

(2)

Facade articulation such as expressing the structural bays of the building with pilasters or other detailing;

(3)

Step down and/or step backs which follow the terrain;

(4)

Architectural features such as columns, pilasters, canopies, porticos, awnings, brackets or arches;

(5)

Boxed in downspouts; or

(6)

The Board of Aldermen may approve any other treatment that in the opinion of the Development Review Committee meets the intent of this Section.

Horizontal Wall Articulation. All building walls shall present a clearly recognizable base, middle and top by meeting the following standards:

The "base" around all sides of the building to a height of four (4) feet shall consist of one (1) of the following high quality, durable materials:

(1)

Brick;

(2)

Natural or synthetic stone; or

(3)

Integrally colored concrete masonry units (CMU) with a rough texture surface.

The "top" around all sides of the building shall consist of one (1) of the following:

(1)

Sloped Roofs. Sloped roofs shall have a minimum pitch of three (3) feet vertical rise for twelve (12) feet of horizontal run.

(2)

Flat Roofs. A parapet or articulated cornice lines shall be provided for roofs with a pitch less than three (3) feet of rise for twelve (12) feet of run.

Four-Sided Architecture. All sides of a building shall include similar architectural details, materials, colors and articulation to avoid a back side.

The Board of Aldermen on a case-by-case basis may approve a clearly defined alternative building composition.

Site Layout Principles.

Building Orientation And Parking Lot Layout. All buildings shall be oriented so that the primary facade (facade with primary customer entrance) meets the following standards:

Buildings Located Mid Block.

(1)

Buildings located mid block should be oriented with the primary facade facing the public right-of-way. A minimum of sixty percent (60%) of the off-street parking spaces provided shall be located in the side or rear yard areas. The remaining forty percent (40%) of spaces may be located between the facade and the right-of-way.

(2)

If site conditions necessitate that the primary customer entrance not face the public right-of-way, the building shall be considered to have two (2) primary facades, the facade facing the right-of-way and the one (1) with the primary customer entrance. In buildings with two (2) facades, the parking area between the public right-of-way and the facade shall be limited to no more than twenty percent (20%) of the total off-street parking.

Buildings Located On Corner Lots. Corner lot buildings shall have two (2) primary facades, each facing the public right-of-way. One (1) of those primary facades shall contain the primary customer entrance. No parking spaces shall be allowed in the area between the public right-of-way and the primary facade that does not contain the primary customer entrance. A minimum of sixty percent (60%) of the off-street parking spaces provided shall be located in the side or rear yard areas. The remaining forty percent (40%) of spaces may be located between the facade with the primary customer entrance and the right-of-way.

Buildings With Double Frontage. In buildings on double frontage lots, the primary customer entrance shall be located facing one (1) of the two (2) public rights-of-way. Both facades facing the right-of-way shall be primary facades. A minimum of fifty percent (50%) of the off-street parking spaces provided shall be located in the side yard areas. The remaining fifty percent (50%) of the parking spaces may be located in either of the areas between the primary facades and the public rights-of-way, with no more than forty percent (40%) of the spaces being located in any one (1) yard.

Primary Facades And Landscaping.

Primary facades shall have at least two (2) of the following:

(1)

A primary customer entrance;

(2)

Arcades, colonnades or other roof treatment that provides shade and a break in the vertical plane, along at least thirty percent (30%) of the horizontal length of the primary facade;

(3)

Awning, associated with window and/or doors, in maximum increments of twenty (20) feet or less in length along at least fifty percent (50%) of the primary facade;

(4)

Foundation landscaping adjacent to and along the full length of the primary facade. The landscaped area shall be a minimum of eight (8) feet wide and shall include ten (10) shrubs with one (1) shade tree or two (2) ornamental trees for each twenty-five (25) feet or fraction thereof of the lineal building facade. It is encouraged to cluster the shrubs and trees in order to provide a break in the expanse of the facade. These landscaping requirements are in addition to other landscaping required by this Article.

Primary Customer Entrances/Office Portion.

(1)

Each building shall have a clearly defined, highly visible customer entrance featuring at least one (1) of the following:

(a)

Canopies or porticos;

(b)

Awnings;

(i)

Fabric awnings are encouraged; canvas awnings with a matte finish are preferred; awnings with a high gloss finish are discouraged.

(ii)

Illuminated, plastic awnings and any awning with advertising or other writing, other than building numbers, are prohibited.

(c)

Overhangs;

(d)

Recesses/projections;

(e)

Raised corniced parapets over the door;

(f)

Peaked roof forms;

(g)

Arches; or

(h)

Other unique architectural detail.

(2)

Office Portion. At least forty percent (40%) of the office portion of the facade shall be transparent (i.e., glass) materials to differentiate it from the remainder of the building, unless the office portion covers the entire facade, in which only thirty percent (30%) shall be transparent.

Section 400.430 Commercial And Industrial District Lighting Standards.

[R.O. 1991 § 400.430; Ord. No. 2865-13 § 1(Exh. A § 400.430), 4-2-2013; Ord. No. 3115-21, 9-7-2021[1]]

General Lighting Standards.

Intent. Eliminate adverse impacts of light spillover; provide attractive lighting fixtures and layout patterns that contribute to unified exterior lighting design of non-residential developments; and provide exterior lighting that promotes safe vehicular and pedestrian access to and within a development, while minimizing impacts on adjacent properties.

Color Of Light Source. All lighting fixtures shall be color-correct types such as halogen or metal halide to ensure true-color at night and ensure visual comfort for pedestrians.

Design Of Fixtures/Prevention Of Spillover Glare. Light fixtures shall use full cut-off lenses to prevent glare and light spill off the project site onto adjacent properties, buildings and roadways. All lights shall be International Dark-Sky Association (IDA) approved fixtures.

Prohibited Lights. The following lights are prohibited:

Searchlights;

Mercury vapor lights;

High pressure sodium; and

Halogen except when used as architectural/landscape lighting.

Exceptions. The following lights are excepted from these requirements:

Egress lights as required by the Building Code and less than one hundred (100) watts for incandescent, twenty-six (26) watts for compact fluorescent or forty (40) watts for other lighting sources.

Construction and emergency lighting used by construction workers or Police, fire-fighting or medical personnel, provided said lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency requiring said lighting.

Security lighting controlled and activated by motion sensor devices for a duration of ten (10) minutes or less and less than one hundred (100) watts for incandescent, twenty-six (26) watts for compact fluorescent or forty (40) watts for other lighting sources.

Exemptions. The following lights are exempted from these requirements:

Airport lighting;

Street lighting installed per the Design and Construction Manual.

Photometric Plans.

A lighting engineer shall prepare the photometric plan.

A photometric plan, when required by this Chapter, shall indicate foot-candle levels on a ten-foot by ten-foot grid. When the scale of the plan, as determined by the Director, makes a ten-foot by ten-foot grid plot illegible, larger grid spacing may be permitted.

All photometric plans shall provide a breakdown indicating the maximum foot-candle, minimum foot-candle, average maintained foot-candle and the maximum to minimum ratio for each lighting zone.

All photometric plans shall include all structure(s), parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting and adjacent uses that might be adversely impacted by the lighting. The plan shall contain a layout of all proposed fixtures by location orientation, aiming direction, mounting height and type. The plan shall include all other exterior lighting (e.g., architectural, building entrance, landscape, flag, accent, etc.).

For projects abutting or adjacent to residential properties, a photometric plan providing the as constructed lighting levels shall be provided to the Development Director prior to the issuance of a final certificate of occupancy. The as constructed photometric plan shall indicate the foot-candle levels on a ten-foot by ten-foot grid.

Parking Lot Lighting.

Parking lot lighting shall utilize flat lens fixtures with full cutoffs.

Parking lot fixtures shall be mounted to the parking lot light pole at ninety degrees (90°) and shall be non-adjustable.

The maximum overall pole height, measured to the top of the fixture from grade, shall comply with the following:

All light fixtures on properties adjoining residential uses and/or districts shall not exceed fifteen (15) feet within the perimeter area. For the purpose of this standard, the perimeter area shall be measured one hundred (100) feet from the property line closest to the residential use and/or district. Outside the perimeter area, the overall height may be increased to twenty (20) feet in height, measured to the top of the fixture from grade.

All light fixtures on properties adjoining residential uses and/or districts that are separated by a street and are within the perimeter area shall not exceed fifteen (15) feet. Outside the perimeter area, the overall height may be increased to twenty (20) feet in height, measured to the top of the fixture from grade.

All light fixtures on properties adjoining residential uses and/or districts that are separated by an arterial street and are within the perimeter area shall not exceed twenty-four (24) feet. Outside the perimeter area, the overall height may be increased to twenty-eight (28) feet in height, measured to the top of the fixture from grade.

All light fixtures on properties that do not adjoin residential uses and/or districts in Subsections (C)(3)(a) through (c) above shall not exceed twenty-eight (28) feet.

Maximum Foot-Candles. The maximum maintained vertical foot-candle at an adjoining residential property line shall be one-half (0.5) foot-candles, measured at three (3) feet above the grade.

Uniformity Ratios. Luminaire fixtures shall be arranged to provide uniform illumination throughout the parking lot of not more than a six to one (6:1) ratio of average minimum illumination and not more than twenty to one (20:1) ratio of maximum to minimum illumination.

Maximum Wattage.

All fixtures on developments that adjoin residential uses and/or districts shall be limited to one hundred seventy-five (175) watts maximum per head through the entire parking lot.

All fixtures on developments separated from residential uses and/or districts by a street shall be limited to one hundred seventy-five (175) watts maximum per head along the perimeter area. For the purpose of this standard, the perimeter area shall be measured one hundred (100) feet from the property line closest to the residential use and/or district. Outside the perimeter area, higher wattage fixtures may be utilized, but shall not exceed two hundred fifty (250) watts.

All fixtures on developments that adjoin commercial, office or industrial uses and/or districts shall be limited to four hundred (400) watts maximum per head.

Maximum Light Fixture Heads.

Developments adjoining residential uses and/or districts including those separated by a street shall utilize single headed fixtures on the perimeter area.

The total aggregate wattage for multiple headed fixtures mounted on a single pole shall be limited to eight hundred (800) watts maximum.

Floodlight fixtures attached or mounted to parking lot light poles and/or fixtures are prohibited.

Lighting wattage may be further restricted depending on the elevation change between sites.

On all non-residentially developed lots which contain a minimum of four (4) parking lot light poles, parking lot lighting levels for surface parking lots and the top levels of parking decks and structures shall be reduced by at least fifty percent (50%) of the full operational levels within thirty (30) minutes after the close of business. Lighting levels may be reduced by turning off fifty percent (50%) of the parking lot lights or by dimming parking lot lighting levels to no more than fifty percent (50%) of the levels used during business or activity hours within thirty (30) minutes of the close of business or by some combination.

Wall-Mounted/Building-Mounted Lighting.

Building-mounted neon lighting is allowed only when recessed or contained in a cap or architectural reveal.

Wall-mounted fixtures are allowed only when full cut-off fixtures that direct the light downward are utilized.

Wall-mounted fixtures shall not exceed one hundred fifty (150) watts for incandescent and metal halide.

Wall-mounted/building-mounted fixtures shall be attached only to walls and the top of the fixture shall not exceed the height of the parapet or roof, whichever is greater. These fixtures on structures within one hundred (100) feet of residential use and/or district shall not exceed fifteen (15) feet measured from the top of the fixture to grade.

Pedestrian Walkway Lighting.

In commercial and/or office developments, pedestrian-level, bollard lighting, ground-mounted lighting or other low, glare-controlled fixtures mounted on buildings or landscape walls shall be used to light pedestrian walkways.

In industrial developments, pedestrian-level, bollard lighting, ground- mounted lighting or other low, glare-controlled fixtures mounted on buildings or landscape walls may be provided to light pedestrian walkways.

Architectural/Landscape/Artwork Lighting.

Fixtures used to accent architectural features, materials, colors, style of buildings, landscaping or art shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated to minimize glare, sky glow and light trespass.

Architectural/landscape lighting shall not exceed one hundred fifty (150) watts for incandescent or seventy (70) watts for other lighting sources.

The maximum illumination of any vertical surface or angular roof surface shall not exceed four (4) foot-candles.

Canopy Lighting And Lighting Of Drive-Thru.

All canopied areas and drive-thru facilities such as banks, service stations, convenience stores, car washes, etc., shall comply with the following requirements.

The lighting of such areas shall not be used to attract attention to the business. Lighting levels shall be adequate to facilitate the activities taking place in such locations.

Acceptable fixtures and methods of illumination include:

Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed and flush with the bottom surface (i.e., ceiling) of the canopy.

Indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. Such fixtures shall be shielded such that direct illumination is focused exclusively on the underside of the canopy.

Lights shall not be mounted on the top or sides (fascias) of the canopy and the sides (fasciae of the canopy) shall not be illuminated.

Areas around service station pump islands shall be illuminated so that the minimum illumination three (3) feet above grade is at least one (1.0) foot-candle and no more than five (5.0) foot-candles. The uniformity ratio (i.e., average illumination to minimum illumination) shall be no greater than four to one (4.0:1).

Automatic Teller Machines (ATM). The lighting around freestanding ATM shall not exceed sixteen (16) foot-candles, measured at three (3) feet above the grade, within a five-foot radius from the ATM or four (4) foot-candles within a thirty-foot radius.

Exterior Display Lighting.

The amount of the display area light, measured at three (3) feet above the grade, shall not exceed twenty-five (25) foot-candles with an average illumination to minimum illumination of not greater than five to one (5.0:1).

The height of the exterior light fixtures shall be as follows:

Pole-mounted fixtures shall not exceed twenty (20) feet as measured from finish grade to the top of the light fixture. Concrete pedestals/bases shall not exceed three (3) feet in height and shall be included in the overall height. These fixtures within one hundred (100) feet of residential use and/or district shall not exceed fifteen (15) feet measured from the top of the fixture to grade.

The lighting in enclosed display areas shall be extinguished within thirty (30) minutes after closing of the business. Under no circumstances shall the illumination of display lots be permitted between 11:00 P.M. (10:00 P.M. adjacent to residential) and 7:00 A.M.

The illumination of parking lot display lighting shall be reduced by one-half (1/2) between 11:00 P.M. (10:00 P.M. adjacent to residential) and 7:00 A.M.

[1]

Editor's Note: Ord. No. 3115-21 also changed the title of this Section from "Lighting Standards" to "Commercial And Industrial District Lighting Standards."

Section 400.435 Landscaping And Buffering Requirements.

[R.O. 1991 § 400.435; Ord. No. 2865-13 § 1(Exh. A § 400.435), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

General Standards. Development in "B-1," "B-2," "B-3," "I-1" and "I-2" Zoning Districts, shall, in addition to any landscaping requirements in any previous Sections, also install landscaping and buffering in accordance with the following general standards:

The applicant shall make all reasonable efforts to preserve existing mature trees, streams or other natural features that contribute to the natural character of Smithville.

Any part of the lot area not used for structures, parking areas, loading zones, access ways, sidewalks or outdoor seating areas shall be landscaped with grass, ground cover, trees, shrubs and/or landscaping mulch or rock.

In areas where overhead utilities will be located after development of a lot, only small stature trees should be used where the ultimate height and form of the trees may cause interference. In the alternative, where no such utilities exist, it is recommended that large stature canopy trees be planted.

Buffer areas should be designed to shield adjacent uses from light, noise and other adverse impacts from the use of the lot(s). The depth of the buffer and combination of materials used will depend upon the type of use on the lot and the use of the adjoining tract(s).

Buffer areas shall include an assortment of deciduous trees, evergreen trees, fencing, shrubs, flowering ornamental trees and other landscaping materials in accordance with the specific requirements as identified below.

Buffer Zone Types.

Building Buffer Zones.

A "building buffer zone" is defined as the area between the building and a property line that abuts another property, with no parking, loading or vehicular travel areas located in between. Building buffer zones shall not include the area between a building and a property line that abuts a public right-of-way.

The building buffer zone shall extend the entire length of the building and, from each building corner, an additional distance equal to twenty percent (20%) of the building length for a total length of one hundred forty percent (140%) of the building length, unless a parking, loading or vehicular travel area is located between the building and the property line. If a parking, loading or vehicular travel area is located between the building and the property line, then the building buffer zone described above shall be reduced along the area where the parking, loading or vehicular travel area is located.

Parking Buffer Zones. The "parking buffer zone" is the area between the edge of the paved surface of a parking, loading or vehicular travel area and the property line and extends the length the property, except where such areas access a public street.

Street Landscaping Area. The street landscaping area is located along any property line that abuts a public street.

Specific Standards For "B-1," "B-2" And "B-3" Districts.

Adjacent to single- and two-family residential zones.

Building Buffer Zone.

(1)

The building buffer zone shall be no less than thirty (30) feet wide.

(2)

The building buffer zone shall include either an eighty percent (80%) sight-obscuring fence, six (6) feet tall and at forty (40) feet intervals, clusters of ornamental flowering trees and shrubs or large stature canopy trees and other small landscaping features with the plantings located between the fence and the property line; or evergreen trees at least six (6) feet in height planted ten (10) feet apart on center and not more than ten (10) feet from the property line and clusters of ornamental flowering trees and shrubs or large stature canopy trees and other small landscaping features placed at intervals of forty (40) feet.

Parking Buffer Zones.

(1)

The parking buffer zone shall be no less than fifteen (15) feet wide.

(2)

The parking buffer zone shall include non-deciduous shrubs, hedges or evergreen plantings at least two (2) feet in height at the time of installation and spaced or clustered in such a manner as to obscure at least eighty percent (80%) of the parking, loading or vehicular travel area. There shall be a minimum of three (3) such plantings for each ten (10) feet of linear distance and planted not more than five (5) feet from the edge of the paved surface.

(3)

In addition to the evergreen materials above, there shall also be either two (2) large stature trees or four (4) ornamental flowering trees planted for each sixty (60) feet of the zone.

Adjacent To Multi-Family, Business Or Industrial Zones.

Building Buffer Zones.

(1)

For each sixty (60) linear feet of the building buffer zone, a minimum of one (1) deciduous tree is required.

(2)

For each seventy (70) linear feet of the building buffer zone, a minimum of one (1) ornamental flowering tree is required.

(3)

For each seventy-five (75) linear feet of the building buffer zone, a minimum of three (3) shrubs or low stature evergreen bushes is required.

(4)

Clustering of groups of trees and shrubs in an attractive and natural setting is encouraged.

Parking Buffer Zones.

(1)

For each sixty (60) linear feet of the parking buffer zone, one (1) deciduous or one (1) ornamental flowering tree is required.

(2)

For each fifty (50) linear feet of the parking buffer zone, one (1) shrub or low stature evergreen bush is required.

(3)

Clustering of groups of trees and shrubs in an attractive and natural setting in encouraged.

Street Landscaping.

In areas where a parking lot is adjacent to the street, the plan shall include low hedges, ornamental grasses or low walls and one (1) ornamental flowering tree for every seventy-five (75) linear feet of property line. The number, size and spacing of low features and/or plantings shall be such that the parking lot shall be effectively screened from view without obstructing traffic movements from and to the lot.

In areas where the building is adjacent to the street, there shall be one (1) large stature deciduous tree or two (2) ornamental flowering trees for every seventy-five (75) linear feet and three (3) shrubs for every forty (40) linear feet of property line. Attractive clustering of the required plantings is encouraged.

Specific Standards For "I-1" And "I-2" Districts.

Areas Adjacent To Residential Properties.

Building Buffer Zone.

(1)

The building buffer zone shall be no less than forty (40) feet wide.

(2)

The building buffer zone shall include both an eighty percent (80%) sight-obscuring fence, six (6) feet tall and evergreen trees at least six (6) feet tall at planting, spaced ten (10) feet apart on center, not less than ten (10) feet from the property line.

Parking Buffer Zones.

(1)

The parking buffer zone shall be no less than twenty (20) feet wide.

(2)

The parking buffer zone shall include shrubs, hedges or evergreen plantings two (2) feet in height at the time of planting placed no less than five (5) feet from the edge of the paved surface. The number of plantings shall be such that the parking lot is at least eighty percent (80%) obscured.

Areas Adjacent To Business Or Industrial Properties.

Building Buffer Zones.

(1)

For each sixty (60) linear feet of the building buffer zone, a minimum of one (1) deciduous tree is required.

(2)

For each seventy (70) linear feet of the building buffer zone, a minimum of one (1) ornamental flowering tree is required.

(3)

For each seventy-five (75) linear feet of the building buffer zone, a minimum of three (3) shrubs or low stature evergreen bushes is required.

(4)

Clustering of groups of trees and shrubs in an attractive and natural setting is encouraged.

Parking Buffer Zones.

(1)

For each sixty (60) linear feet of the parking buffer zone, one (1) deciduous or one (1) ornamental flowering tree is required.

(2)

For each fifty (50) linear feet of the parking buffer zone, one (1) shrub or low stature evergreen bush is required.

(3)

Clustering of groups of trees and shrubs in an attractive and natural setting in encouraged.

Street Landscaping.

Section 400.440 Miscellaneous Design Standards.

[R.O. 1991 § 400.440; Ord. No. 2865-13 § 1(Exh. A § 400.440), 4-2-2013; Ord. No. 3115-21, 9-7-2021]

Screening Of Trash Dumpsters And Storage Containers. All trash dumpsters and storage containers shall be screened on all sides with an enclosure equal to the height of the containers. Each enclosure shall consist of solid walls and shall match the color, materials and design of the building.

Screening Of Mechanical Equipment.

Exterior ground-mounted equipment shall be screened from view with a solid wall that matches the color, materials and design of the building. The height of the screen shall be no lower than the height of the unit as installed. Building-mounted equipment, including, but not limited to, vents, meters and flues, shall match or complement the permanent color of the adjacent building wall.

All roof top units shall be screened from view with a parapet or an architectural treatment compatible with the building architecture equal to the height of the unit as installed.

Maintenance.

Exposed walls and roofs of buildings shall be maintained in a clean, orderly and attractive condition, free of cracks, dents, punctures, breakage and other forms of visible marring. Materials that become faded, chalked or otherwise deteriorated shall be refinished, painted or replaced. Exterior grounds including parking lots and associated pavement shall be maintained without potholes, unfilled cracks, broken sidewalks and curbing.

Landscape plantings shall be maintained so that the initial plantings survive. If a planting, including trees, should not survive in the first eighteen (18) months after planting, it shall be immediately replaced with a like plant. If the landscape plant is located in a buffer zone adjacent to a residential property dies, it shall be replaced in order to maintain the required buffer.

Materials Standards. All materials approved for use as provided herein shall be manufactured and installed in accordance with the applicable ASTM and other standards and codes adopted and accepted by the City.

Adoption Of Administrative Guidelines. The Development Director is authorized, as he/she deems necessary, to prepare an interpretation manual and guidelines in order to augment, implement and provide further details for the carrying out of these minimum design standards.

Section 400.450 Applicability.

[R.O. 1991 § 400.450; Ord. No. 2865-13 § 1(Exh. A § 400.450), 4-2-2013]

Off-street parking and loading space, as required in this Division, shall be provided for all new buildings and structures or additions thereto. Off-street parking and loading space shall be required for any existing building or structure which is altered in any manner so as to enlarge or increase capacity by adding or creating dwelling units, guest rooms, floor area or seats. Existing parking area previously required shall not be used to satisfy required off-street parking for any new structures or additions to existing buildings, structures or uses of land. Such existing parking space shall be maintained and shall not be reduced so long as the main building, structure or use remains, unless an equivalent number of such spaces are provided elsewhere as provided in this Division. No off-street parking or loading space shall be required for any use located in the "B-4" Central Business District.

Section 400.455 General Provisions.

[R.O. 1991 § 400.455; Ord. No. 2865-13 § 1(Exh. A § 400.455), 4-2-2013]

Utilization. Required accessory off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles in operating condition of patrons, occupants or employees of such uses.

Residential Districts. Spaces shall be provided in other than the front yard in all residential districts except that in the event an attached garage is converted to a livable room of the dwelling, prior to the adoption of this Division, the parking space may occupy the existing concrete or asphaltic drives when located within the required front yard.

Accessory Use.

Off-street parking shall be considered as an accessory use to the use for which the parking is provided. Parking not located on the same tract on which the main use is located must be located within the zoning district in which parking or storage lots are permitted as a main use or be located in accordance with the provisions of this Division relating to off-street parking conditional uses.

In no instance shall off-street parking required by this Division be located more than three hundred (300) feet (as measured along lines of public access) from the use which it serves.

Repair And Service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Computation. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, the fraction of one-half (1/2) or less may be disregarded and a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.

Mixed Uses. When a building or development contains mixed uses, the off-street parking requirement shall be calculated for each individual use and the total parking requirement shall be the sum of the individual parking requirements.

Section 400.460 Layout And Design Requirements.

[R.O. 1991 § 400.460; Ord. No. 2865-13 § 1(Exh. A § 400.460), 4-2-2013]

Area. A required off-street parking space shall be at least eight (8) feet six (6) inches in width and at least nineteen (19) feet in length, exclusive of access drives or aisles, ramps and columns.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

Design. Off-street parking spaces shall comply with the design standards relating to curb length, stall depth, driveway width, island width, barriers and ingress and egress as contained in the off-street parking standards of this Division.

Surfacing. All off-street parking, driving and loading areas or property used as such and all property used for display of merchandise for sale to the public as defined within this Chapter shall be graded and paved or otherwise improved with an approved four (4) inches concrete or six (6) inches asphalt surface. For the purposes of this Division, this Section shall be interpreted to include off-street parking and loading areas, driveways or other surfaces subject to being traveled over; parked upon or used for display of merchandise for sale to the public in excess of the minimum requirements established herein and excluding the following:

Residential driveways.

Outdoor storage areas completely enclosed in proper storage screening; provided said outdoor storage area does not contain employee or customer parking required herein or outdoor display of merchandise for sale to the public as defined within this Division.

Lighting. Any lighting used to illuminate off-street parking and loading areas shall be directed away from residential properties in such a way as not to interfere with the residential use.

Section 400.465 Plans And Approval Required.

[R.O. 1991 § 400.465; Ord. No. 2865-13 § 1(Exh. A § 400.465), 4-2-2013]

Plans showing the layout and design of all required off-street parking and loading areas shall be submitted to and approved by the Zoning Administrator prior to issuance of a zoning certificate. Before approving any parking layout, the Zoning Administrator shall satisfy himself that the spaces provided are usable and meet standard design criteria contained herein. All required off-street parking spaces shall be clearly marked.

Section 400.470 Required Spaces.

[R.O. 1991 § 400.470; Ord. No. 2865-13 § 1(Exh. A § 400.470), 4-2-2013]

Off-street parking spaces shall be provided as follows:

Dwelling And Lodging Uses.

Boardinghouses Or Rooming Houses. One (1) parking space per each three (3) sleeping rooms.

Dormitories, Fraternities, Sororities. Two (2) parking spaces for each three (3) occupants based on the maximum design capacity of the building.

Hotels And Motels. One (1) space per each rental unit plus one (1) space per each two (2) employees in the largest working shift and such spaces as are required for restaurants, assembly rooms and other affiliated facilities provided.

Mobile Home Parks. Two (2) parking spaces per each mobile home.

Nursing Homes, Rest Homes, Etc. One (1) parking space per each five (5) beds based on the designed maximum capacity of the building, plus one (1) parking space for each employee.

Single-Family. Two (2) spaces per dwelling unit.

Two-Family And Multi-Family. Three (3) spaces per dwelling unit. Two-family and multi-family dwelling units designed specifically for the elderly, one (1) space per two (2) dwelling units.

Business, Commercial And Industrial Uses.

Automobile, Truck, Recreational Vehicle And Mobile Home Sales And Rental Lots. One (1) parking space for each three thousand (3,000) square feet of open sales lot area devoted to the sale, display and rental of said vehicles, plus one (1) parking space for each employee.

Automobile Salvage Yards. One (1) parking space for each employee, plus one (1) parking space for each ten thousand (10,000) square feet of storage area.

Financial, Business And Professional Offices. One (1) parking space for each three hundred (300) square feet of gross floor area.

Bowling Alleys. Five (5) parking spaces for each lane plus the required spaces for any bar, restaurant or other facility that may be a part of the bowling alley.

Cartage, Express, Parcel Delivery And Freight Terminal Establishments. One (1) parking space for each two (2) employees in the largest working shift in a twenty-four (24) hour period, plus one (1) parking space for each vehicle maintained on the premises.

Automobile Wash. Five (5) holding spaces for each car washing stall, plus two (2) drying spaces for each car washing stall.

Funeral Homes And Mortuaries. One (1) parking space for each four (4) seats based upon the designed maximum capacity of the parlor, plus one (1) additional parking space for each employee and each vehicle maintained on the premises.

Furniture And Appliance Stores, Household Equipment Or Furniture Repair Shop. One (1) parking space for each four hundred (400) square feet of floor area.

Manufacturing, Production, Processing, Assembly, Disassembly, Cleaning, Servicing, Testing Or Repairing Of Goods, Materials Or Products. One (1) space per three (3) employees based upon the largest working shift in any twenty-four (24) hour time period.

Medical And Dental Clinics Or Offices. One (1) parking space for each two hundred (200) square feet of gross floor area.

Restaurants, Private Clubs And Taverns. One (1) parking space for each two and one-half (2.5) seats based on the maximum designed seating capacity; provided however, that drive-in restaurants shall have a minimum of at least ten (10) parking spaces.

Retail Stores And Shops. One (1) space per two hundred (200) square feet of floor area.

Service Stations. One (1) parking space for each employee, plus two (2) spaces for each service bay.

Theaters, Auditoriums And Places Of Assembly With Fixed Seats. One (1) space for each three (3) seats.

Theaters, Auditoriums And Places Of Assembly Without Fixed Seats. One (1) parking space for each four (4) people based upon the designed maximum capacity of the building.

Warehouse, Storage And Wholesale Establishments. One (1) parking space for each two (2) employees based upon the largest working shift in any twenty-four (24) hour period.

All Other Business And Commercial Establishments Not Specified Above. One (1) parking space for each three hundred (300) square feet of floor area.

Other Uses.

Churches. One (1) parking space for each four (4) seats based upon the maximum designed seating capacity, including choir lofts.

Elementary, Junior High And Equivalent Parochial And Private Schools. Two (2) spaces for each classroom.

High Schools, Colleges, Universities And Other Similar Public Or Private Institutions Of Higher Learning. Eight (8) parking spaces for each classroom, plus one (1) space for each two (2) employees.

Hospitals. One (1) parking space for each two (2) beds, plus one (1) parking space for each resident or staff doctor, plus one (1) space for each two (2) employees based on the largest working shift in any twenty-four (24) hour period.

Laundromats. One (1) space for each two (2) washing machines.

Nursery Schools And Day Care Centers, Public Or Private. One (1) parking space for each employee.

Fraternal Associations And Union Headquarters. One (1) parking space for each three (3) seats based upon the design maximum seating capacity.

Swimming Pools And Clubs. One (1) parking space for each thirty-eight (38) square feet of water area.

Trade And Commercial Schools. One (1) parking space for each three (3) students and employees.

Section 400.475 Conditional Use.

[R.O. 1991 § 400.475; Ord. No. 2865-13 § 1(Exh. A § 400.475), 4-2-2013]

Districts Permitted. In order to provide off-street parking areas, the Planning and Zoning Commission may, after public notice and hearing, grant as a conditional use the establishment of parking areas in any zoning district under the provisions further set forth in this Section.

Location. Parking provided under this Section must be within three hundred (300) feet (along lines of public access) from the boundary of the use for which the parking is provided.

Use. The parking area shall be used for passenger vehicles only and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. Only such signs as are necessary for the proper operation of the parking lot shall be permitted.

Improvements.

Parking, driving and loading areas on private property providing ingress and egress to parking areas shall be surfaced with concrete, asphaltic concrete, asphalt or any other comparable surfacing which meets the requirements of Section 400.460(D) and shall be maintained in good condition and free of all weeds, dust, trash and other debris.

Parking areas shall have adequate guards to prevent extension or the overhanging of vehicles beyond property lines or parking spaces; and parking areas shall have adequate markings for channelization and movement of vehicles.

If lighting facilities are provided, they shall be so arranged as to deflect or direct light away from any adjacent dwelling or dwelling district.

A fence (such as solid-wall masonry, wood, louvered wood, metal or other similar materials) not less than six (6) or more than eight (8) feet high and having a density of not less than eighty percent (80%) per square feet shall be erected along any property line adjacent to or adjoining any dwelling district to eliminate the passage of light from vehicles and to prevent the blowing of debris. Whenever a fence shall be required along a front yard, such fence shall not be higher than four (4) feet and such fence shall be located within one (1) foot of the front yard setback line. Fences along said yards shall not extend nearer to the street than the front yard setback line.

Temporary Off-Street Parking. Subject to the provisions of Article IV, Division 1, Section 400.570 of this Chapter, a conditional use permit may be granted to a school, church or organized not-for-profit corporation permitting off-street parking without concrete, asphaltic concrete or asphalt surfacing as provided in Section 400.475(D)(1) of this Chapter, subject to the following criteria:

Said conditional use permit shall be limited to twelve (12) months.

Said conditional use permit may not be extended or renewed.

A conditional use permit similar in nature may not be issued for the same location, applicant or organization.

A surety compliant with the provisions of Article VIII, Section 425.440 of Chapter 425, Subdivision Regulations, shall be provided as a performance guarantee that at or before the end of twelve (12) months, such off-street parking, driveway and/or loading area shall be paved to City specifications.

Said temporary parking shall not exceed the minimum number of spaces required in Section 400.470.

Said temporary parking surface shall be completely covered with gravel and be maintained in good condition and free of all weeds, dust, trash and other debris.

Permit Revocable. The Zoning Administrator shall be responsible for the enforcement of the conditions and requirements made by the Planning and Zoning Commission in the approval of any off-street parking conditional use. The Zoning Administrator, upon discovery of any violation of this regulation or the conditions and requirements established by the Commission, shall notify the Commission through its Secretary as to such violations. The Planning and Zoning Commission is hereby authorized to revoke the conditional use after public hearing for any of the following reasons:

Abandonment of the area for parking purposes for six (6) months.

Failure to comply with the requirements contained in this Section or imposed by the Commission.

Section 400.480 Loading And Unloading Regulations.

[R.O. 1991 § 400.480; Ord. No. 2865-13 § 1(Exh. A § 400.480), 4-2-2013]

Loading and unloading space shall be provided off-street and on the same premises with every building, structure or part thereof hereafter erected, established or enlarged and occupied for goods display, retail operation, department store, market, hotel, mortuary, laundry, dry cleaning, office uses, warehousing, manufacturing or other uses involving the receipt or distribution of materials or merchandise by motor vehicle. The loading and unloading space or spaces shall be so located to avoid undue interference with public use of streets, alleys and walkways.

Spaces Required.

For all uses in the "B-1," "B-2" and "B-3" Business Districts, loading facilities shall be provided in accordance with the following table:

Gross Floor Area Of Establishments In Thousands Of Square Feet	Required Number And Size Of Loading Berths
1 — 10	1 — (10 feet x 25 feet)
10 — 25	2 — (10 feet x 25 feet each)
25 — 40	2 — (10 feet x 60 feet each)
40 — 100	3 — (10 feet x 60 feet each)

For all uses in the "I-1" and "I-2" Industrial Districts, loading facilities shall be provided in accordance with the following table:

Gross Floor Area Of Establishments In Thousands Of Square Feet	Required Number And Size Of Loading Berths
1 — 10	1 — (10 feet x 25 feet)
10 — 40	1 — (10 feet x 60 feet)
40 — 100	2 — (10 feet x 60 feet each)

For each additional one hundred thousand (100,000) square feet of gross floor area or any fraction thereof over one hundred thousand (100,000) square feet of gross floor area, one (1) additional berth shall be provided. Each such additional berth shall be at least ten (10) feet in width by sixty (60) feet in length.

	Diagram 1. STREET PARKING STANDARDS

Section 400.485 Title, Scope And Enforcement.

[R.O. 1991 § 400.485; Ord. No. 2865-13 § 1(Exh. A § 400.485), 4-2-2013]

Title. These regulations shall be known by short title as the "Smithville Sign Code," may be cited as such, and will be referred to herein as "this code" or "this Division."

Purpose And Scope.

The purpose of this Division is to regulate signs so as to protect the property values as well as the character of the various zoning districts in the City, to safeguard life, health, property and public welfare. It is the intention of this Division to regulate the installation and maintenance of signs for appearance and safety, and to provide for the removal of unsafe, unsightly and unlawful signs. Further, this regulation sets forth the quality of materials, permit fees required, construction, in addition to the number of signs allowed, size, sign type and type of illumination, if any, of all signs within the City limits of Smithville, Missouri. Additionally, this regulation will serve to enhance and protect the physical appearance of the community by protecting property values and promoting the preservation of Smithville's historic character and natural scenic beauty, and will help create a more aesthetically pleasing environment and maintain a sound economic base.

The regulations of this Division are not intended to permit any violation of the provisions of any other lawful ordinance.

Enforcement.

Authority. The Community Development Director and/or the Chief of Police or their designee is hereby authorized and directed to enforce all the provisions of this Division.

Right Of Entry. Upon presentation of proper credentials, the Building Inspector or their duly authorized designee may enter at reasonable times any building, structure or premises in the City to perform any duty or inspection imposed upon them by this Division. If they are denied or refused entry, they may take any legal action necessary to gain said entry.

Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Division.

Penalty. Unless a different penalty provision is otherwise provided for herein, a violation of any of the provisions of this Division shall, upon conviction, be punishable as set forth in Section 400.610 of this Chapter until full compliance with the requirements of this code are met. Each day following specific notice, in writing, of violation, shall constitute a separate offense.

Section 400.490 Definitions.

[R.O. 1991 § 400.490; Ord. No. 2865-13 § 1(Exh. A § 400.490), 4-2-2013]

For the purpose of this Division, certain terms, phrases, words and their derivatives shall be construed as specified in this Division. Where a word or term is not specifically defined herein, it shall have its ordinary and custom meaning in the context used. For purposes herein, the plural shall also include singular, and singular shall include plural. Masculine gender terms shall include the feminine, and feminine the masculine.

ATTENTION-ATTRACTING DEVICE

Any sign or other item that has as its primary purpose to attract the eyes or attention of a passing motorist to some advertising or display located on the premises. Such devices include, but are not limited to, fluttering flags, flashing lights, balloons or other inflatable products that move with the wind or otherwise are animatronics. The Community Development Department shall have the authority to interpret whether a particular item is an attention-attracting device.

BILLBOARD SIGN

Any sign with a display area greater than thirty-two (32) square feet in total area that advertises any subject matter that is not provided, produced or otherwise offered on the same lot, parcel or portion of said lot or parcel as the subject matter of the sign.

CONTRACTOR SIGN

A sign no larger than eighteen (18) inches by twenty-four (24) inches which advertises construction or home improvement services that have been, or are being provided to the property where the sign is located. Home improvement services shall include all aspect of home maintenance and improvement, including landscaping services. The Community Development Department shall create a list of specific home improvement services that shall be included in this definition, and that department shall have sole authority to determine whether or not a particular service is included in this definition. A contractor sign may be installed at the commencement of work and shall be removed within fourteen (14) days of completing the service.

DISPLAY AREA

The area of a sign where the text, logo(s) and other information displayed is located. The display area does not include any of the supporting structure(s) necessary.

ELECTRONIC, LED OR DIGITAL SIGNS

A sign that is designed to be illuminated and have the ability to change the text of the sign by changing the lighting of the sign. Such signs include numeric price signs such as those used at fuel stations; single color signs that only display the text entered and can only change upon manual entry of new text; and single or multiple colored lighting systems, that include the ability of the sign to automatically change the text on the sign or scroll the text of the sign without separate, manual entry at the time of change.

GROUND SIGN OR MONUMENT SIGN

A sign structure installed in the ground which projects above the existing grade to allow placement of the display area and usually encloses the top of the display area with the same or similar materials, excluding a pole sign.

OVERSIZED TEMPORARY SIGN

A temporary sign that is larger in size than that allowed in Section 400.505(E).

PERMANENT SIGN

A sign designed and constructed with the intent to be placed for a period in excess of sixty (60) days. A permanent sign may be either affixed to a structure from the ground such as a pole, or a monument base; or to a building in some form of cabinet or structure.

POLE SIGN

A sign in whole, or in part, that supports a display area above grade with one (1) or more vertical poles, posts or columns or that does not completely enclose the outside of the display area with structurally supporting members or details. The sheathing or wrapping of the poles, posts or columns in a material not necessary for structural support shall not convert the design to any other design in this Division.

POLITICAL SIGN

A sign that advertises or identifies a candidate for elective office, or supports or opposes any matter that is on a ballot at any scheduled election; and is placed on the property no sooner than sixty (60) days prior to the first election upon which the candidate or matter is scheduled and removed no more than four (4) days from that election.

PROJECTING SIGN

Any sign that is supported from a building facade with at least one (1) horizontal structural element to which a display area is attached and which the display area is thirty degrees (30°) or more from parallel to the building facade.

REAL ESTATE DIRECTIONAL SIGN

Any temporary sign that provides direction to the location of any real estate for sale, lease or exchange. Such signs are permitted to be installed on any lot or parcel without a permit, so long as prior to placing the sign, permission from the owner of the property where the sign is to be placed is requested and received. In no event shall such signs be placed in the right-of-way of any street or highway, or placed or affixed to any utility pole.

REAL ESTATE SIGN

A single sign which advertises for sale, lease or exchange, real estate by the owner or his/her agent, which may include the owners or agents names and the owners or agents address and telephone number, which has a display area no larger than eighteen (18) inches by twenty-four (24) inches for one- or two-family homes on one (1) residential lot; sixteen (16) square feet for undeveloped or unplatted ground, including multiple residential lots and all commercial or industrial sites; or sixty-four (64) square feet if set back from the property line one hundred fifty (150) feet or one hundred (100) square feet if set back two hundred fifty (250) feet from the property line and is located on the property to be sold, leased or exchanged. A sign advertising real estate that is not located on the property to be sold, or is located on the property to be sold that already has a real estate sign as defined above, is excluded from this definition.

REPLACEMENT SIGN

A sign that replaces the display area of an existing sign that:

Is owned by and advertises the same business as the previous sign;

Is no larger in area than the existing display area on the sign; and

Is located in the same location as the display area to be replaced.

A "replacement sign" shall not include an upgrade from a static display area to an electronic, LED or digital sign, but does include an change from one electronic, LED or digital sign to another.

ROOF SIGN

Any sign mounted to the roof of a building, or any sign however designed that includes a display area immediately above any portion of the roof of any building.

SUPPORT STRUCTURE

The material(s) necessary to support the display area of any sign. Support structures shall include stone, block, brick, or other masonry product; wood and wood by-products; steel or other metal; and plastics or a derivative thereof. The design of a support structure can be of one (1) or more of the following types: ground signs, pole signs, wall signs, projecting signs and roof signs.

TEMPORARY SIGN

A sign constructed of non-permanent materials, including, but not limited to, vinyl, cardboard, coroplast, plastic, sheet metal or wood, and placed on the ground with a pole without a footing to support such pole, or to a building with such materials as rope, string, or screws and not enclosed in some form of a permanent cabinet or structure.

WALL SIGN

Any sign that is mounted to a building facade that has its display area installed less than thirty degrees (30°) from parallel from the building facade.

Section 400.500 Prohibited Signs.

[R.O. 1991 § 400.500; Ord. No. 2865-13 § 1(Exh. A § 400.500), 4-2-2013]

No sign shall be installed, erected or set in place unless an application has been filed with the City of Smithville and until a permit has been issued by the City of Smithville, or a determination that no permit is required has been made by the Community Development Department. From and after the date of passage of this Division, all signs hereinafter erected shall be in compliance with this Division.

No sign shall contain flashing lights, fluttering flags or any other distracting or attention-attracting device. The Community Development Department shall be the sole arbiter of what constitutes a violation of this provision.

No billboard sign shall hereinafter be erected in the City of Smithville that is greater than zero (0) square feet in total area and the distance between any such signs is no less than twenty (20) miles. The intent of this provision to be in compliance with the Western District Court of Appeals decision in Ad Trend, Inc. v. City of Platte City dated May 13, 2008.

No sign permit shall be issued for any lewd, obscene, indecent, illegal or immoral matters. The Community Development Department shall be the sole arbiter of what constitutes a violation of this provision.

No person, except a public officer or City employee, or someone acting on their behalf, while in the performance of municipal duties shall affix in any manner any sign, banner, bill, poster, advertising statement or notice of any kind upon any curb, lamppost, traffic sign, sidewalk, street, utility pole or structure, bridge or tree, or inside or upon a public street, sidewalk or other right-of-way or easement within the City limits.

No sign shall be erected which shall obstruct the free and clear vision at any intersection of two (2) or more streets, or be so constructed so as to appear to be a traffic sign installed by the City, State or any agencies thereof.

Any permanent sign shall not be moved from the location approved in the permit issued therefor without an application for and issuance of a new sign permit as is required in this Division.

No sign shall be erected or constructed with or using any tires or other junk, refuse, or other items of personal property.

All display areas of signs shall be removed no later than sixty (60) days after the applicant or business that is advertised leaves the location or goes out of business. Any lighting or electrical equipment that becomes visible after the removal of the display area shall also be removed at the same time.

Section 400.505 Temporary Signs.

[R.O. 1991 § 400.505; Ord. No. 2865-13 § 1(Exh. A § 400.505), 4-2-2013; Ord. No. 3025-18, 11-5-2018]

Temporary signs as defined in this Chapter may only be used in the zoning classifications as identified in, and subject to the limitations of Section 400.520.

All temporary signs shall not be erected or re-erected without a permit therefor, as required herein. Temporary sign permits shall only be valid for a period not to exceed thirty (30) days.

Application for an original temporary sign permit shall be made in writing on forms provided by the Development Department and submitted to that office for review and approval. Such application shall include the following information, as well as any additional information deemed necessary by the Development Department to insure compliance with this Chapter:

The proposed location of the sign(s), including the address, and description of the location upon such address, the signature of the owner of the property acknowledging consent to place said sign.

A description of the sign, including all size(s), colors, and layout of said sign (a computerized "proof" of the sign is recommended).

The material(s) to be used in the construction of the sign.

A check for the fee as required in the Comprehensive Schedule of Fees on file with the City Clerk.

Application for a permit to reuse or reinstall a previously approved temporary sign shall be made in writing on forms provided by the Development Department and submitted to that office for review and approval. Such application shall include the following information, as well as any additional information deemed necessary by the Development Department to insure compliance with this Chapter:

The original permit number issued for the sign.

The proposed location of the sign(s), including the address, and description of the location upon such address, the signature of the owner of the property acknowledging consent to place said sign.

A check for the fee as required in the Comprehensive Schedule of Fees on file with the City Clerk.

Temporary signs shall not exceed thirty-two (32) square feet in total area, be placed greater than five (5) feet above the ground, as measured from the ground to the bottom of the display area, unless temporarily attached to a building, but in no event taller than the facade of the wall upon which the sign is attached, and constructed of materials that will withstand the natural elements for a period of time not less than the validity of the permit.

An oversize temporary sign larger than thirty-two (32) square feet but smaller than sixty-four (64) square feet may be authorized for a period of up to fourteen (14) days, and no more than four (4) times per calendar year. Oversize temporary signs of this size must meet the requirements of Subsection (G) below. An oversize temporary sign larger than sixty-four (64) square feet may be authorized for a period of up to fourteen (14) days four (4) times per calendar year and must be attached to a building or the side of a trailer so that wind can only impact the sign from its face. Any permit for an oversize temporary sign shall be in an amount equal to two (2) times the amount of a temporary sign permit as identified in the Comprehensive Schedule of Fees on file with the City Clerk and no relabeling of such sign is allowed.

All temporary signs shall be maintained in good repair, have a clean, neat appearance, and remain free from cracks, rips, tears, and/or fading. All temporary signs and the stake or supporting structure for such sign shall be designed, constructed and installed to resist normal wind loads, which may cause the sign to become dislodged from its location. All signs must be monitored by the applicant so as to identify any sign that becomes dislodged, in whole or in part, from its supporting structure, and replaced to the location contained in the permit with another method of attachment that will prevent it from becoming dislodged. In the event that any temporary sign becomes dislodged for a period longer than forty-eight (48) hours or becomes dislodged more than one (1) time during the validity of the permit, such permit shall become immediately null and void; the sign may be removed by the City with no refund of fees or return of the sign so removed.

Any permit issued by the Development Department does not become valid until such time as the temporary sign, as approved with each application, is delivered to the Department offices for inspection and labeling. Such labeling will be designed to allow inspection by the department from the roadway, but not unnecessarily detract from the sign. Any temporary sign installed without such labeling, or without re-labeling if previously approved, or not in the location as contained in the application, shall be subject to immediate removal by the Department. If the sign has never been reviewed and approved pursuant to an application, the party installing the sign shall pay a fee equal to two (2) times the required permit fee and must submit an application for a permit in order to obtain the sign for placement in accordance with the permit. If the sign has been previously approved, but not relabeled, the party installing such sign shall pay an amount equal to five (5) times the fee required for relabeling and must submit an application to relabel the sign in order to obtain the sign for placement in accordance with the relabeling permit. Any sign removed by the Department is subject to disposal by the Department. Any sign removed, and no application is on file, will be disposed of within ten (10) days. If the sign has been previously permitted, but not relabeled, it will be disposed of within twenty (20) days. Any applicant, or business advertised by a permitted sign, who has such sign removed pursuant to this Section will not be eligible for another sign permit until the fees denoted herein are paid in full and the disposal of a sign hereunder by the City does not eliminate the requirement to pay the fees. The accrual of fees under this Section shall be cumulative, in that any applicant or business advertised by such removed signs shall pay the required fees for each such sign removed prior to the issuance of a new permit. The Development Department shall maintain records of the type and number of signs removed for each such advertised business or applicant.

Real estate signs, as defined herein, are exempt from the requirements of obtaining a permit.

Section 400.510 Permanent Signs.

[R.O. 1991 § 400.510; Ord. No. 2865-13 § 1(Exh. A § 400.510), 4-2-2013; Ord. No. 3025-18, 11-5-2018]

All permanent signs, as defined in this Chapter, may only be used in the zoning classifications as identified in, and subject to the limitations of Section 400.520.

No permanent sign or replacement sign shall be erected without first making application and receiving a permit issued by the Development Department.

Applications for a permanent sign permit shall be made in writing on forms provided by the Development Department and submitted to that office for review and approval. Such application shall include the following information, as well as any additional information deemed necessary by the Development Department to insure compliance with this Chapter.

The address and proposed location of the sign on the property, signed by the owner of the real property acknowledging consent to place said sign.

A description of the sign, including the size, color and layout of the sign (a computerized "proof" of the sign is recommended); the design of the supporting structure or fastening systems for said sign; the materials intended for use in constructing any supporting structure or fastening systems; electrical wiring plans, if necessary for the sign, and any design loads or other engineering calculations necessary to ensure compliance with the version of the Building Code in effect at the time the permit is submitted.

A list of all other permanent signs located on the real property.

A check for the fee as required in the Comprehensive Schedule of Fees on file with the City Clerk.

The following permanent sign structural design types are allowed in the City of Smithville: ground signs, pole signs, wall signs, projecting signs and roof signs. Each of these designs is subject to the design and construction requirements of Section 400.515 of this Chapter. Any other structural design types not identified herein are expressly prohibited.

An application for a replacement sign shall include, in addition to the information required for a permanent sign, information to allow staff to verify that the sign meets the definition of a replacement sign and be accompanied by a check for the fee as required in the Comprehensive Schedule of Fees on file with the City Clerk.

Section 400.515 Design And Construction.

[R.O. 1991 § 400.515; Ord. No. 2865-13 § 1(Exh. A § 400.515), 4-2-2013]

The design and construction of all signs shall be in compliance with the Building Code adopted in Section 500.020 of this Code, as amended, and specifically Appendix H thereto, except any provision that excludes any requirement for a permit as otherwise contained in this Division. Nothing contained in Section 500.020 shall be construed to allow a sign of a design, type, size or location not approved of, or mentioned elsewhere in this Division. The intent of adopting by reference these standards is to ensure the safety of the design and construction only.

Section 400.520 Signs Permitted Per Zoning District Lot.

[R.O. 1991 § 400.520; Ord. No. 2865-13 § 1(Exh. A § 400.520), 4-2-2013]

The zoning districts for the City of Smithville are defined as follows:

"A-1" and "A-R"	Agricultural
"R-1A," "B" and "D"	Single-Family Residential
"R-2"	Two-Family Residential
"B-1"	Mixed Use Business District
"B-2"	Highway Business District
"B-3"	General Business District
"B-4"	Central Business District
"I-1" and "2"	Industrial Districts

Each district or class of districts shall be allowed the number, type and size of signs identified in the Section that identifies the particular district(s).

"A-1" Agricultural District zoned land is allowed one (1) sign per six hundred sixty (660) feet of public road frontage, with a maximum of three (3) signs. The total number of signs may include up to one (1) temporary sign as defined herein. The maximum size of the display area of any sign shall be thirty-two (32) square feet, except signs advertising home occupations, which are limited to two (2) square feet. The maximum height for any sign shall be less than twenty (20) feet. The setback requirements for signs in this district shall be equal to the building setback requirements. No sign in this district shall be externally illuminated.

"R-1" and "R-2" zoned land is allowed one (1) temporary sign per building lot, with a maximum size of the display area of any sign shall be sixteen (16) square feet for all signs except home occupations signs, which are limited to two (2) square feet. One (1) permanent sign (wall, ground, projecting or roof) per lot may be authorized on property in these districts, but only on lots where a conditional use permit for non-residential structures was approved in accordance with City requirements, or where a non-residential structure is present and constitutes a legal, non-conforming use. The maximum height of any such sign shall be eight (8) feet, and if illuminated, must limit lighting to only that necessary to illuminate the sign and no such light shall be directed off-site. Additionally, one (1) pole sign may be authorized but only after receiving a conditional use permit from the City of Smithville in accordance with the regulations contained in Section 400.570, Conditional Use Permits.

"R-3" Multiple-Family Districts, "B-1," "B-2" and "B-3" Business District and "I-1" and "I-2" Industrial District zoned land with only one (1) business on the lot is allowed a total of four (4) permanent signs per lot, three (3) of which must be wall, projecting or roof signs. One (1) temporary sign is allowed at any one time, and shall be in addition to the four (4) permanent signs. The maximum display area of each such permanent sign shall be no greater than ten percent (10%) of the total area of the facade upon which the sign is placed, or, in the case of a roof sign, ten percent (10%) of the largest facade of the building. In no event shall any of these signs be larger than sixty-four (64) square feet. Only one (1) ground or pole sign is allowed. The maximum height of any ground or pole sign shall not exceed twenty five (25) feet. The display area on the ground or pole sign shall be no larger than sixty-four (64) square feet.

"R-3" Multiple-Family Districts, "B-1," "B-2" and "B-3" Business District and "I-1" and "I-2" Industrial District zoned land that contains more than one (1) building or business on the lot is allowed a total of two (2) wall, projecting or roof signs per tenant or business, as well as one (1) temporary sign per tenant or business, and one (1) ground or pole sign for the entire lot. The maximum display area of the permanent signs shall be limited to ten percent (10%) of the portion of the facade associated with the business or tenant. If two (2) such signs are attached to the same facade, the total area of the two (2) signs combined shall be no more than ten percent (10%) of the portion of the facade associated with the business or tenant. In no event shall any of these signs be larger than sixty-four (64) square feet. The ground or pole sign associated with such lots may contain multiple display areas, with no more than one (1) display area for each business or tenant on the lot. The maximum display area for each such business or tenant shall be no larger than sixty-four (64) square feet. In no event shall the total area of the display areas exceed four hundred (400) square feet, and each individual tenant or businesses display area shall be no greater than the percentage of leased or used square feet of the tenant or business of the total building square footage on the entire lot. The percentage of square footage allowed shall be calculated based upon the actual available display area on the sign as constructed.

"B-4" Central Business District zoned land, except the areas located in the Heritage District, shall be entitled to the same size and type of signs allowed in either the residential district, or business and industrial district requirements above, based upon the use of the property. If the use of the property changes from commercial to residential, any existing signs must be altered to comply with the more restrictive requirements. The areas located in the Heritage District shall be limited to the signs, or type of signs authorized in the Heritage District regulations or, if no such regulations exist at the time of application for the sign, then in accordance with the "B-4" District requirements above. In no event shall such regulations of the Heritage District be more permissive than the "B-4" District requirements above. The Community Development Department shall be authorized to determine whether the Heritage District requirements are more permissive than the Business District requirements.

Section 400.525 Electronic, LED Or Digital Signs.

[R.O. 1991 § 400.525; Ord. No. 2865-13 § 1(Exh. A § 400.525), 4-2-2013; Ord. No. 3025-18, 11-5-2018]

Electronic message centers, electronic scrolling text, electronic pricers, digital or LED signs can be either stand-alone signs or may constitute one (1) display area of an otherwise permissible or permitted sign, and are allowed in the "R-3," "B-1," "B-2," "B-3," "I-1" and "I-2" Districts. An application for a permit under this Section shall include all information required in Section 400.510, and, in addition to such information the following additional information shall be submitted:

The specifications of such signs, including a photometric plan that shows a breakdown indicating the maximum footcandle, minimum footcandle, average maintained footcandle and the maximum to minimum ratio for the designed impact area of the sign.

The location of and the method(s) of adjusting the light intensity for such sign.

The specifications for the photocell/light detector feature.

No permit for such a sign shall be issued unless the sign is installed with an automatic light detector/photocell, or a scheduled dimming time by which the sign's light intensity will reduce when ambient light conditions darken. Such dimming feature shall reduce the light intensity from the sign from dusk to dawn to a level that does not impair the visibility on any adjacent roadway or be directed on to a residential property. Further, any such permit issued pursuant to this Section is subject to periodical performance review by City staff to ensure that continued compliance is maintained. Failure to correct any notice of violation of the intensity requirements herein shall constitute a forfeiture of the permit and the permit shall immediately thereafter become void.

Electronic signs are allowed in the "B-4" Zoning District, so long as the signs meet the requirements in Subsections (A) and (B) above, as well as the following additional requirements:

The sign will not illuminate from the message display area past 10:00 P.M.

The sign will be located so as to minimize its impact onto residentially used properties adjacent to or across road rights-of-way from such sign.

Electronic signs may be authorized in the "R-1" and "R-2" Zoning Districts but only after receiving a conditional use permit from the City of Smithville in accordance with the regulations contained in Section 400.570, Conditional Use Permits.

The fees for an electronic, LED or digital sign shall be in addition to any fees in Section 400.510 and are included in the Comprehensive Schedule of Fees on file with the City Clerk.

Section 400.530 Illumination Of Signs.

[R.O. 1991 § 400.530; Ord. No. 2865-13 § 1(Exh. A § 400.530), 4-2-2013]

Any sign that is not prohibited from illumination as identified above may be illuminated, but only in accordance with the illumination requirements contained in the site plan review process of the City of Smithville.

Section 400.535 Maintenance.

[R.O. 1991 § 400.535; Ord. No. 2865-13 § 1(Exh. A § 400.535), 4-2-2013]

All signs shall be maintained in working order, with all aspects of the approved sign in place. Any broken, faded or otherwise damaged sign shall be repaired within thirty (30) days of the need for maintenance. If no repairs are made within that time, the Community Development Department shall notify the permit holder of the maintenance requirements and the permit holder shall thereafter make such repairs in the time frame identified in the notice. Failure to properly maintain any sign, in addition to any provisions above requiring maintenance may result in the termination of the permit, and will constitute a violation of this Division and subject the party to the general penalties contained herein.

Section 400.540 Exemptions.

[R.O. 1991 § 400.540; Ord. No. 2865-13 § 1(Exh. A § 400.540), 4-2-2013]

The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the signs from the responsibility of its erection and maintenance, and its compliance with the provisions of this Division, or any other law or ordinance regulating the same.

Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message on a sign that is designed to allow frequent message alteration thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

Permits are not required for any sign located within a building unless otherwise restricted by this Division.

Memorial signs, historical signs or plaques, and tablets displayed on private property.

Political signs as defined herein.

Real estate signs as defined herein.

Any temporary sign from a designated charitable, fraternal or civic group or organization that has obtained such designation from the Board of Aldermen shall be exempt from the permitting fee requirements for temporary signs.

Directional signs, as defined herein, not exceeding three (3) square feet.

Municipal signs, government oriented signs, legal notices, trespassing signs and signs to aid safety.

Open or closed signs for the business establishment.

10.

Credit card and burglar alarm signs or decals.

11.

Garage sale, yard sale signs.

12.

Contractor signs, as defined herein, are allowed without a permit, but the size and time limitations contained in the definitions Section shall apply.

13.

Businesses that, by the nature of the business, must store merchandise outdoors and not inside a building are allowed to place temporary signs that identify the specific location of a product displayed outdoors without obtaining a permit so long as the sign is not visible from off the property. If the signs are visible from off the property and appear to be intended to encourage customers from outside the property to enter the property, then all regulations as to number and size of temporary signs shall apply. The Community Development Director or his/her designee shall be the sole arbiter of whether the placement of any such sign requires a permit.

14.

Subdivision monument or ground signs that provide the name of the subdivision, and only if located at the entrance or entrances to such subdivision.