article 4 | use regulations

U N I F I E D D E V E L O P M E N T O R D I N A N C E

AMENDMENT # 42

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ARTICLE 4 | USE REGULATIONS

14-400 Accessory Uses and Structures ..................................................................................................... 1

14-400-01 General ...................................................................................................................... 1

14-400-02 Fences ........................................................................................................................ 2

14-400-03 Home Businesses ...................................................................................................... 4

14-400-04 Outdoor Vending Machines .................................................................................. 8

14-400-05 Satellite Dish Antennas ............................................................................................ 9

14-400-06 Swimming Pools ........................................................................................................ 9

14-400-07 Temporary Portable Storage Containers ............................................................ 9

14-400-08 Animals ..................................................................................................................... 10

14-400-09 Donation Bins .......................................................................................................... 11

14-400-10 Outdoor Seating Areas ......................................................................................... 11

14-400-11 Outdoor Seating Areas, Located on Rooftops ................................................ 12

14-400-12 Residential Produce Stands ................................................................................. 12

14-401 Day Care ....................................................................................................................................... 14

14-401-01 Child Day Care ....................................................................................................... 14

14-401-02 Family Day Care ..................................................................................................... 14

14-401-03 Adult Day Care ...................................................................................................... 14

14-402 Financial Services ........................................................................................................................ 15

14-402-01 Applicability ............................................................................................................ 15

14-402-02 Separation and Number of Establishments per Capita ................................. 15

14-402-03 Vehicle storage and/or display .......................................................................... 15

14-403 Gasoline and Fuel Sales .............................................................................................................. 16

14-403-01 Minimum Lot Area .................................................................................................. 16

14-403-02 Landscaping ........................................................................................................... 16

14-403-03 Lighting ..................................................................................................................... 16

14-403-04 Driveways and Access .......................................................................................... 16

14-403-05 Pump Locations and Appearance .................................................................... 16

14-403-06 Visual Impacts ......................................................................................................... 16

14-403-07 Vehicle Servicing and storage ............................................................................ 16

14-404 Group Living Facilities .................................................................................................................. 17

14-404-01 Purpose .................................................................................................................... 17

14-404-02 Minimum Standards for Group Home, Custodial and Residential, Domestic

Violence Residence and Shelter ............................................................................................... 17

14-404-03 Minimum Standards for Substance Abuse Treatment House, Penal Halfway House,

Recovery Center, Homeless Shelter and Soup Kitchen ........................................................ 17


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14-404-04 Use ............................................................................................................................. 17

14-405 Recreational Vehicle Parks ......................................................................................................... 19

14-405-01 Recreational Vehicle Parks .................................................................................. 19

14-406 Off-Premise Advertising ............................................................................................................... 21

14-406-01 Applicability ............................................................................................................ 21

14-406-02 Location ................................................................................................................... 21

14-406-03 Setbacks .................................................................................................................. 21

14-406-04 Lighting ..................................................................................................................... 21

14-406-05 Digital Billboards ..................................................................................................... 21

14-406-06 Maximum Sign Area .............................................................................................. 22

14-406-07 Spacing Requirements .......................................................................................... 22

14-406-08 Height ....................................................................................................................... 22

14-406-09 Landscaping and Fencing ................................................................................... 22

14-406-10 Nuisances ................................................................................................................ 23

14-406-11 Service Drives .......................................................................................................... 23

14-406-12 Permits ...................................................................................................................... 23

14-406-13 Abandoned Billboards .......................................................................................... 23

14-406-14 Annual inspection required.................................................................................. 23

14-407 Public and Civic Uses .................................................................................................................. 24

14-407-01 Location ................................................................................................................... 24

14-408 Vehicle Storage and Towing ....................................................................................................... 25

14-408-01 Minimum Standards for Vehicle Storage/Tow Lots .......................................... 25

14-408-02 Minimum Standards for Tow Lot, Limited ........................................................... 25

14-408-03 Minimum Standards for Tow Service Dispatch Centers .................................. 26

14-409 Vehicle/Equipment Sales ............................................................................................................ 27

14-409-01 Applicability ............................................................................................................ 27

14-409-02 Location and Lot Area .......................................................................................... 27

14-409-03 Permanent Structure ............................................................................................. 27

14-409-04 Outdoor Display Areas .......................................................................................... 27

14-409-05 Landscaping ........................................................................................................... 27

14-409-06 Vehicle Quality ....................................................................................................... 27

14-409-07 Repairs ...................................................................................................................... 27

14-410 Wireless Communication Facilities ............................................................................................ 28

14-410-01 Purposes and Intent ............................................................................................... 28

14-410-02 Applicability ............................................................................................................ 28

14-410-03 Exemptions .............................................................................................................. 28


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14-410-04 Cellular Support Structures ................................................................................... 29

14-410-05 Non-cellular Support Structures ........................................................................... 29

14-410-06 Location and Height ............................................................................................. 29

14-410-07 Design and Aesthetics .......................................................................................... 30

14-410-08 Special Use Permit Application Requirements ................................................. 30

14-410-09 Maintenance and Inspection ............................................................................. 32

14-410-10 Removal ................................................................................................................... 32

14-411 Entertainment Outdoor ................................................................................................................ 33

14-411-01 General standards ................................................................................................. 33

14-412 Wineries ......................................................................................................................................... 34

14-412-01 Intent ........................................................................................................................ 34

14-412-02 General requirements ........................................................................................... 34

14-412-03 Minimum application requirements ................................................................... 35

14-412-04 Permitted accessory uses ..................................................................................... 35

14-413 Car Washes ................................................................................................................................... 36

14-413-01 Intent ........................................................................................................................ 36

14-413-02 Lot Area and Setback Requirements ................................................................. 36

14-413-03 Stacking and drying areas ................................................................................... 36

14-413-04 Drainage and Waste Water Disposal ................................................................. 36

14-413-05 Operations within a building, setbacks ............................................................. 37

14-413-06 Vacuum Stations .................................................................................................... 37

14-413-07 Noise ......................................................................................................................... 37

14-414 Mines and Quarries ...................................................................................................................... 38

14-414-01 Applicability ............................................................................................................ 38

14-414-02 Procedure ................................................................................................................ 38

14-414-03 Minimum Setbacks ................................................................................................. 39

14-414-04 Performance Standards ....................................................................................... 39

14-414-05 Approval Criteria. ................................................................................................... 39

14-414-06 Validity...................................................................................................................... 40

14-414-07 Prohibited Activities Within the Required Setback .......................................... 40

14-415 Detention and Correctional Facilities, Other ............................................................................ 41

14-415-01 Standards................................................................................................................. 41

14-416 Body Art Service ........................................................................................................................... 42

14-416-01 Standards................................................................................................................. 42

14-417 Community Garden ..................................................................................................................... 43


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14-417-01 Applicability ............................................................................................................ 43

14-417-02 Sales .......................................................................................................................... 43

14-417-03 Structures ................................................................................................................. 43

14-417-04 Storage ..................................................................................................................... 43

14-417-05 Reside ....................................................................................................................... 43

14-417-06 Hours of Operation ................................................................................................ 43

14-417-07 Parking ..................................................................................................................... 43

14-417-08 Setbacks .................................................................................................................. 43

14-417-09 Signs .......................................................................................................................... 43

14-417-10 Run Off ..................................................................................................................... 43

14-417-11 Composting ............................................................................................................ 43

14-417-12 Fencing .................................................................................................................... 44

14-418 Motor Vehicle Repair ................................................................................................................... 45

14-418-01 Applicability ............................................................................................................ 45

14-418-02 Activity...................................................................................................................... 45

14-418-03 Outdoor Storage .................................................................................................... 45

14-418-04 Tow Service for Customer Vehicles .................................................................... 45

14-419 Tobacco/Convenience Store ..................................................................................................... 46

14-419-01 Applicability ............................................................................................................ 46

14-419-02 Separation and Number of Establishments per Capita ................................. 46

14-420 Lodging Establishment ................................................................................................................. 47

14-420-01 Applicability ............................................................................................................ 47

14-420-02 Business and Occupation Licenses .................................................................... 47

14-420-03 Parking ..................................................................................................................... 47

14-420-04 Refuse Collection ................................................................................................... 47

14-420-05 Safety........................................................................................................................ 47

14-420-06 Limit on Short Term Rentals Operated by Single Owner ................................. 47

14-420-07 Density Limitations .................................................................................................. 47

14-420-08 Rental Inspections Required ................................................................................ 48

14-420-09 Review and Approval of Short Term Rentals .................................................... 48

14-421 Medical Marijuana Facility ......................................................................................................... 50

14-421-01 Applicability ............................................................................................................ 50

14-421-02 Buffer Requirements .............................................................................................. 50

14-421-03 Storage ..................................................................................................................... 50

14-421-04 Onsite Usage Prohibited ....................................................................................... 50

14-421-05 Hours of Operation ................................................................................................ 50


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14-421-06 Display of Licenses Required ............................................................................... 50

14-421-07 Residential Dwelling Units Prohibited .................................................................. 50

14-421-08 Ventilation Required .............................................................................................. 50

14-421-09 Business License ...................................................................................................... 50

14-421-10 Conformance with State of Missouri Rules ........................................................ 50


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14-400 ACCESSORY USES AND STRUCTURES

14-400-01 GENERAL

Accessory uses and structures are permitted in connection with any lawfully established principal use

unless otherwise expressly provided in this development ordinance. Also, unless otherwise expressly

stated, accessory uses and structures are subject to the same regulations as the principal use or structure.

14-400-01-A. TIME OF CONSTRUCTION

Unless otherwise noted in this article, accessory structures must be constructed in conjunction with or

after the principal building. They may not be built prior to the construction of the principal building. In

RA districts, detached accessory buildings may be constructed prior to the principal structure only in

accordance with this section.

(History: Ordinance No. 17942)

14-400-01-B. SUBORDINATE NATURE

1. Accessory uses must be subordinate and clearly incidental to the principal use of the property.

2. Accessory structures must be of secondary importance and subordinate to the principal building on

the property.

14-400-01-C. LOT AND BUILDING STANDARDS

1. GENERAL

The lot and building standards of the base zoning district apply to accessory structures unless

otherwise expressly stated. This provision shall include the use durable building materials and not

canvas, plastic, and similar materials.

2. INTERIOR SETBACKS

In the R-A district, detached accessory buildings must be set back at least 35 feet from all interior

lot lines. In all other R districts, detached accessory buildings must be set back at least 5 feet from

all interior lot lines.

3. EXTERIOR SETBACKS

No accessory building may be located closer to the street than the principal building. This

provision shall not apply to accessory structures on R-A and R-1 zoned properties of over 5 acres in

size, where detached accessory buildings shall be set back at least 50 feet from all exterior lot lines.


4. SEPARATION

Accessory buildings must be separated by a minimum distance of 10 feet from all other accessory

and principal buildings.

5. HEIGHT OF ACCESSORY STRUCTURES

Accessory structures may not exceed 25 feet in height, or the height of the principal building on the

same lot, whichever is less. This provision shall not apply to accessory structures on R-A zoned

properties of over 10 acres in size. In any case, no structure or any appurtenances thereto shall

exceed the height limitations prescribed by the Federal Aviation Agency within the flight approach

zone of an airport.

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6. BUILDING COVERAGE

In R districts, detached accessory buildings may not cover more than 15% of the actual area of the

rear yard or an area exceeding 50% of the building coverage of the principal building, whichever is

greater, provided that at least 600 square feet of accessory building coverage is allowed on any lot

in an R district. This provision shall not apply to accessory structures on R-A zoned properties of

over 10 acres in size.


7. DESIGN AND APPEARANCE

In all residential districts, the design and construction of any accessory garage, carport or storage

building or shed larger than 120 square feet shall be similar to or compatible with the design and

construction of the main building. The exterior building materials and colors shall be similar to the

main building or shall be commonly associated with residential construction. This provision shall

not apply to accessory structures used for bona-fide agricultural activities on properties over 10

acres in size.

8. ACCESSORY BUILDINGS AS PRIMARY STRUCTURES, RA DISTRICT ONLY

In RA Districts, detached accessory buildings may be constructed prior to the principal structure

provided that all the following conditions are met:

(a) The subject property must be at least 10 acres in size.

(b) The accessory building must be setback at least 200 feet from any exterior lot lines, and 100

feet from any interior lot lines.

(c) The use of the accessory building is limited to agricultural uses including, but not limited,

to the keeping of livestock and the storage of farm machinery and equipment.


14-400-02 FENCES

14-400-02-A. GENERAL

The general regulations of this subsection apply to all fences, regardless of the zoning district in which

they are located.

1. All fences must be constructed in a workman-like manner of customary or normal fencing

materials.

2. The materials used in fence construction must be manufactured and marketed for construction of

permanent fences.

3. Plastic-coated, chain-link fences are allowed only in those instances where chain-link fencing is

allowed.

4. Materials typically used for temporary fences, such as plastic, PVC, or similar materials may not be

used for permanent fences.

5. Bright colors such as orange, yellow or red are not permitted for permanent fences.

6. Not more than two different types of materials may be used in the construction of any fence.

7. All fence support structures must be located on the inside of the fence covering material.

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8. All fences must be maintained in a reasonable condition and vertical position, and any missing or

deteriorated slats, pickets, other fencing material, or structural elements must be replaced in a

timely manner with the same quality of material and workmanship.

9. No fence may be used to display any sign or advertising material other than a small—maximum 1

square foot—placard identifying the sign contractor/manufacturer. Advisory ‘No Trespassing’ and

related safety/warning signs of two square feet or less may be posted on fences.

10. Fences are subject to the intersection visibility standards of the Public Works Manual.

11. Fences around tennis courts, swimming pools and other similar recreational facilities are limited to

10 feet in height. Such fences must comply with any other requirements of the city code.

12. Electrically charged fences are prohibited except in the R-A district, where they may be used in

conjunction with bona-fide farming activities.

13. Barbed wire fencing is prohibited except where it may be used in conjunction with bona-fide

agricultural activities. Barbed wire fencing may also be approved as an administrative adjustment

when deemed necessary to protect health and safety in association with utility structures, landfills,

airports or similar facilities. When approved as an administrative adjustment, barbed wire fencing

must be located at least seven feet above grade. For the purposes of this chapter, the term “barbed

wire” shall include concertina wire, razor wire, razor ribbon and other security wire types.


14-400-02-B. RESIDENTIAL ZONING DISTRICTS

The regulations of this subsection apply to all fences in R zoning districts.

1. Chain-link fences must be installed with barbs turned down.

2. Except for fencing around bona-fide agricultural activities, fences or walls in residential zoning

districts may not exceed 36 inches in height when located in exterior yards. Such fences shall be at

least 50% transparent and may include chain-link, picket, wrought iron, and split rail fencing.

3. No fence or wall in a residential district may exceed eight feet in height.

4. For fencing on through lots, the rear yard fence shall be located no closer to the abutting street than

the established building line or the required building setback for that street in the following

instances:

(a) where the rear property abuts a street where the principle building on the adjacent

property fronts on that street, or;

(b) where the adjacent property has the potential to be subdivided into a lot which fronts onto

that street.

The Community Development Director shall have the authority to reduce the required rear setback

for the through lot upon consideration of the available/proposed sight distance, the height and

opaqueness of the fence, the elevation of affected properties, the street’s classification, and the

character of the neighborhood.

(History: Ordinance No. 17446, 17942)

14-400-02-C. OFFICE, COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS

The regulations of this subsection apply to all fences in O, C, and I zoning districts.

1. Location - A fence may be constructed on any side or rear property line but shall not be located in

any required exterior setback or be closer to any public or private street than the principal building,

whichever is greater.

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2. Height - Fences shall not exceed eight feet in height.

3. Lots adjacent to arterial, minor arterial and collector streets – Fences shall consist of either brick,

stone, integrally colored decorative concrete masonry units (CMU), exterior stucco, pre-cast

concrete panels, wrought iron, plastic (PVC) or wood. The Community Development Director may

approve alternate materials and designs of similar quality to those listed herein.

4. Lots adjacent to other streets – Fences shall consist of either vinyl clad chain link fabric or the

materials identified in #3 above. The Community Development Director may approve alternate

materials and designs of similar quality to those listed herein.

5. Vacant lots - Vacant lots shall not be fenced. The Community Development Director may waive this

prohibition for temporary or seasonal uses.

6. Anti-graffiti – When possible, fencing shall utilize anti-graffiti materials or treatment.

7. Permit required – All fencing constructed in O, C, and I districts shall require a permit from the

Community Development Department.


14-400-03 HOME BUSINESSES

14-400-03-A. GENERAL

Some types of business operations can be conducted at home with little or no effect on the surrounding

neighborhood. The regulations of this article are intended to permit home-based businesses while

ensuring that the businesses will not be detrimental to the character and livability of the surrounding

area. The regulations require that home businesses remain subordinate and secondary to the principal

residential use of the property and that the viability of the primary residential use is maintained. Two

classifications of home business are allowed: “major” and “minor.” All home businesses are subject to the

regulations and procedures of this section.

14-400-03-B. PERMITS REQUIRED

1. Unless otherwise exempted by the city code, all home businesses must maintain a valid Business

License, which must be renewed annually. No business license may be issued until a home

business permit is first approved in accordance with the procedures of this section.

2. An applicant need apply only once for a home business permit provided that the location and the

business activity remains the same. If the applicant moves to a different location or the business

activity changes, the existing home business permit will lapse and become null and void, and a

new home business permit will be required. A home business permit is granted to an individual

and is not transferable.

14-400-03-C. TERMINATION OF PRIMARY USE ON PROPERTY

All home businesses are subordinate and incidental to the primary use of the property. If the primary use

of the property terminates, the home business on the site must also terminate.


14-400-03-D. WHERE ALLOWED

Home businesses are allowed in any zoning district that permits household living, provided that the

home business complies with all applicable standards and requirements, including the home business

permit requirements of this section.



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For the purposes of this section, businesses that seek to operate from a place of religious assembly on

residentially zoned land shall be considered a major home business and be subject to all the provisions of

a major home business, excepted as noted.


14-400-03-E. GENERAL STANDARDS AND REQUIREMENTS

All home businesses are subject to the general standards and requirements set forth in this subsection.

1. NUMBER

There may not be more than one major home business or two minor home businesses in any

dwelling unit.

2. PROHIBITED USES

The following uses are prohibited as home businesses:

(a) Automotive and vehicle service and repair including, but not limited to: engine work, body

work, painting, washing and detailing services, window glass replacement, accessory parts

sales and installation.

(b) Employee dispatch centers.

(c) Animal boarding, kennels, veterinarian clinics and animal hospitals in residential districts.

(d) Medical/dental offices or clinics.

(e) Funeral homes.

(f) Bail bonding.

(g) Equipment rental and sales.

(h) Radio, television, and similar electronic device sale and repair.

(i) Appliance sale and repair.

(j) Vehicle tow operations including, but not limited to, a tow service, tow service office, tow

dispatch center and tow lot.


3. NUMBER OF PERSONS/EMPLOYEES

Only one person living outside of the dwelling unit and members of the immediate family thereby

residing, may be engaged in the operation of a home business at any one time on the premises.

This residency requirement is not required for businesses operated from a place of religious

assembly. The Planning Commission may approve a Home Business:

(a) Which operates from a place of religious assembly to have up to six total employees.

(b) To allow one additional person living outside of the dwelling unit for every acre of land the

dwelling unit sits on to be engaged in the operation of a home business at any one time, not

to exceed a total of six employees that live outside of the dwelling unit engaged in the

operation of a home business at any one time on the premises.




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4. FLOOR AREA LIMIT

Either up to 25% of the total floor area of the dwelling unit, or place of religious assembly, may be

used in conjunction with a home business, or one accessory structure, such as a freestanding

garage, may be used for a home business. The Planning Commission may approve a Home

Business:

(a) That exceeds 25% of the total floor area of the dwelling unit, given that the minimum floor

area for single-family detached houses required in Section 14-505-03 is not used in

conjunction with the home business.

(b) That uses more than one accessory structure in conjunction with a home business.


5. ENCLOSED STRUCTURES

All activities and storage areas associated with such businesses must be conducted in completely

enclosed structures.

6. OPERATIONAL PERFORMANCE STANDARDS

No home business or equipment used in conjunction with a home business may cause odor,

vibration, noise, electrical interference or fluctuation in voltage that is perceptible beyond the lot

line of the property on which the home business is conducted. The Fire Department will review

and approve the use and/or storage of materials used in conjunction with a home business.

7. SALES

The selling of stocks of merchandise, supplies, or products is prohibited, except through sales

methods such as the phone or internet that do not require the customer to come to the dwelling

unit, and incidental retail sales which may be made in conjunction with other permitted home

business operations, (e.g., a single chair hair salon may sell combs, hair spray, and other

miscellaneous items to its customers. However, a dressmaker would be required to do only custom

work for specific clients, and would not be allowed to develop stocks of garments for sale to the

general public on-site).


8. SIGNS

No sign, nameplate, or any other form of advertising may be displayed on the premises in

connection with any home business (in this section, premises means land, buildings and vehicles).

9. EXTERIOR ALTERATIONS

No exterior additions to the building structure are permitted in connection with any home

business. An existing accessory building may be used for a home business, as provided for in this

section, but a new accessory building may not be built for a home business. The Planning

Commission may approve an exterior addition to the building structure, or a new accessory

building, in connection with any home business.


10. SERVICE BY VEHICLES

Vehicles used to deliver goods to a major home business are limited to passenger vehicles, mail

carrier, and express carrier, such as the United Parcel Service, and FedEx. The Planning



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Commission may approve a Home Business Permit to allow businesses operating from a place of

religious assembly to utilize an unmarked cargo van, or similar vehicle, in its business operations

provided the vehicle is not stored on-site on a full time basis.


11. DAY CARE HOMES

In residential dwelling units, only a family day care home may be permitted as a major home

business. They are subject to all applicable City Code standards including Section 14-401.

A family day care or group day care may be operated from a place of religious assembly. They are

subject to all applicable City Code standards including Section 14-401.


14-400-03-F. SPECIAL STANDARDS AND REQUIREMENTS FOR MINOR HOME BUSINESS

Minor home businesses are subject to all of the general standards and requirements of Section 14-400-03E,

with the following exceptions and additional restrictions:

1. No equipment, machinery, vehicles, materials, parts or other items relating to the business may be

kept, stored, parked or maintained outside of the residential structure.

2. No customers/clients/employees may come to the site at any time for any purpose. Contact with

customers/clients/employees must be made off-site or by phone, fax, internet, mail service, or

parcel service.

3. Only one room of the dwelling unit may be used for the business. No accessory out-buildings may

be used in the conduct of business.

4. Not more than two minor home businesses may be operated from a single dwelling unit.

14-400-03-G. MINOR HOME BUSINESS PERMITS, APPLICATION

1. A minor home business is a home business that complies with the general home business standards

and requirements of Section 14-400-03E and the special standards and requirements for minor

home businesses in Section 14-400-03F. Because of these limitations, minor permits are approved

administratively, in conjunction with a city business license.

2. Upon reviewing the application and considering the circumstances of the case, the application may

be approved, approved with conditions, or denied by the department. If an application is denied,

or approved with conditions unacceptable to the applicant, applicants in an R zoning district may

apply for a major home business permit from the Planning Commission in accordance with the

procedures of Section 14-400-03I. If an application is denied for a site in an O, C or I zoning district,

the applicant must comply with all requirements attributable to the respective O, C or I district,

including the provision of parking, landscaping and other related requirements.

14-400-03-H. MAJOR HOME BUSINESS PERMITS, APPLICATION

1. A major home business is a home business that complies with the general home business standards

and requirements of Section 14-400-03E but does not comply with one or more of the special

standards and requirements for minor home businesses in Section 14-400-03F.

2. Applications for major home businesses must be made to the Department of Community

Development upon forms provided by the department. The applicant must furnish the names and

addresses of all property owners within an area determined by lines drawn parallel to and 185 feet

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from the boundaries of the parcel proposed for a major home business permit. The Community

Development Department must notify these property owners by mail of the required public

hearing for the permit application.

3. After the submission of an application, the permit must be reviewed by City officials to determine

that all requirements of this section and other codes have been, or can be, met.

4. The Planning Commission must conduct a public hearing and review the major home business

permit application. The Planning Commission may establish specific requirements as to operation

and conduct of a home business so as to assure that it will not have a disruptive effect on the

neighborhood. Those Major home business applications that would, in the judgment of the

Planning Commission, create excessive noise, pedestrian or vehicular traffic, or any other condition

that would interfere with the safety and general welfare of the surrounding neighborhood, may not

be approved. The major home business permit must be approved, approved with conditions, or

denied by the Planning Commission. Should the Planning Commission either deny, or approve a

major home business permit application with conditions unsuitable to the applicant, the applicant

may appeal the application to the City Council requesting that it consider and take final action on

the permit application.

5. If a legal protest petition against the major home business permit is submitted and validated before

the action of the Planning Commission, any action of the Planning Commission will constitute only

a recommendation, with the final decision made by the City Council. In such case when a legal

protest has been filed, the Planning Commission may recommend approval, approval with

conditions, denial, or it may continue an application for further consideration. A protest against a

major home business permit presented to the Planning Commission, duly signed and

acknowledged by the owners of 25% or more of the land within an area determined by lines drawn

parallel and 185 feet from the boundaries of the parcel proposed for the major home business

permit, will constitute a legal protest. A legal protest must be presented to the Planning

Commission no later than the beginning of the meeting at which the proposed home business

application will be considered.

6. The City Council must consider and take final action on a major home business permit application

on an appeal from an action of the Planning Commission or when a valid legal protest petition was

submitted. The City Council must act on a resolution after reviewing the record of the proceedings

from the Planning Commission, and may approve, approve with conditions, deny, or remand such

application to the Planning Commission for further consideration. No additional public testimony

before the City Council will be accepted. A major home business permit, which is the subject of a

legal protest petition, will become effective only by the favorable vote of 6 of all the members of the

City Council.

7. After investigation and report of the Community Development Department of any home business

that results in an undesirable condition interfering with the general welfare of the surrounding

residential area, said home business may be terminated and the business license therefore revoked

by the City Council after a hearing before and recommendation of the Planning Commission. A

copy of the transcript of the hearing must be submitted to the City Council for its deliberation

before it votes on termination. The act of termination is not exclusive, and the city retains the right

to pursue municipal court action and other court proceedings to enforce this section.


14-400-04 OUTDOOR VENDING MACHINES

14-400-04-A. The provisions of this section apply to outdoor vending machines.

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14-400-04-B. Outdoor vending machines that are visible from public streets are permitted as of right in

C-1, C-2 and BP zoning districts. Outdoor vending machines visible from public streets are prohibited in

all other districts.

14-400-04-C. Outdoor vending machines may not be located between an exterior lot line and the

building line of the principal building on the lot. Additionally, outdoor vending machines must be set

back at least 25 feet from all exterior lot lines and at least seven feet from all interior lot lines.

14-400-04-D. Outdoor vending machines may not occupy any portion of a required parking space or

landscape area.

14-400-04-E. Outdoor vending machines are allowed only as an accessory use.

14-400-04-F. Any signs or commercial messages on outdoor vending machines must comply with the

sign regulations of Article 14-504.

14-400-05 SATELLITE DISH ANTENNAS

14-400-05-A. Satellite dish antennas up to one meter (39.4 inches) in diameter are permitted as

accessory uses in all districts. They must comply with all setback requirements of the subject district,

except as expressly indicated in Section 14-410.

14-400-05-B. Satellite dish antennas over one meter in diameter, up to 3 meters (118.2 inches) in

diameter, are a permitted as accessory uses in all commercial and industrial districts, subject to the

following standards:

1. Antennas may be erected on the roof or attached to a principal building, provided the maximum

height of the installation does not exceed the maximum allowable height of the subject district or

more than 15 feet above the top of the building on which it is to be located, whichever is less.

Satellite dish antennas that are mounted on the roof or attached to the building must be located in a

manner so as to detract as little as possible from the architectural character of the building.

2. Satellite dish antennas must comply with all setback requirements of the subject district, except as

expressly indicated in Section 14-410.

14-400-05-C. Satellite dish antennas not expressly allowed under the provisions of this section require

special use permit approval.

14-400-06 SWIMMING POOLS

14-400-06-A. Private swimming pools that are accessory to and located on the same lot as an allowed

principal residential use may not be located within:

a. Within any required exterior setback;

b. Within five feet of interior side lot line;

c. Within seven feet of a rear lot line;

d. Within ten feet of any building or structure.


14-400-06-B. All other swimming pools must comply with the setback requirements of the underlying

zoning district and must be located at least 50 feet from lots occupied by dwelling units.

14-400-07 TEMPORARY PORTABLE STORAGE CONTAINERS

Temporary portable storage containers are an allowed temporary, accessory use on lots containing a

dwelling, subject to all of the following.

14-400 ACCESSORY USES AND STRUCTURES | 14-400-08 ANIMALS


AMENDMENT # 42

4-10

14-400-07-A. On lots developed with detached single family dwellings:

1. Temporary portable storage containers are permitted for a period not to exceed a total of 30 days

within any consecutive six-month period. However, in cases where a dwelling has been damaged

by natural disaster or casualty, the Community Development Director is authorized to allow a

temporary portable storage container for a longer period.

2. Temporary portable storage containers may not exceed a cumulative gross floor area of 260 square

feet.

3. Temporary portable storage containers must be located on a driveway or other paved surface and

may not be located in a required exterior setback.

14-400-07-B. On lots developed with residential buildings other than detached single family

dwellings:

1. Temporary portable storage containers are permitted for a period not to exceed 72 hours within any

consecutive 6-month period. However, in cases where a dwelling has been damaged by natural

disaster or casualty, the Community Development Director is authorized to allow a temporary

portable storage container for a longer period.

2. Temporary portable storage containers may not exceed a cumulative gross floor area of 130 square

feet for each dwelling unit.

3. Temporary portable storage containers must be located on a driveway or other paved surface and

may not be located in a required exterior setback or utilize any required parking spaces.

14-400-07-C. Temporary portable storage containers may not exceed 8.5 feet in height.

14-400-07-D. Temporary portable storage containers may not be located in any required open space,

landscaped area, on any sidewalk or trail, or in any location that blocks or interferes with any vehicular

and/or pedestrian circulation. Such containers are also subject to the intersection visibility requirements

of Article 17-100.

14-400-07-E. Signs on temporary portable storage containers must comply with the sign regulations of

Article 14-504.

14-400-07-F. Rail cars, semi-trailers and similar structures may not be used for temporary or

permanent storage.

14-400-08 ANIMALS

14-400-08-A. DOMESTIC, NON-FARM ANIMALS

The raising and keeping of domestic, non‐farm animals for purely noncommercial purposes shall be

considered a permitted accessory use in residential zoning districts. Up to two domestic, non-farm

animals may be kept on properties of two acres and larger in R‐1, R‐2, R‐4 and R‐6 zoning districts with a

minimum of a ½ acre of open space per animal. Fowl may be kept on property in R-1, R-2, R-4, R-6, R-12,

R-18 and R-30 zoning districts. Compliance with Chapter 3, ‘Animals and Fowls’ of the City Code is

required.


14-400-08-B. LIVESTOCK AND FOWL The raising, keeping and breeding of livestock and fowl shall be permitted in RA zoning districts on lots

of at least three acres in size. Compliance with Chapter 3, ‘Animal and Fowls’ of the City Code is

required.

14-400 ACCESSORY USES AND STRUCTURES | 14-400-09 DONATION BINS


AMENDMENT # 42

4-11

14-400-08-C. WILD ANIMALS Except for any provisions contained in Chapter 3, Article 4, the keeping of wild animals is prohibited in

all zoning districts.

14-400-08-D. BEES No bees or bee hive shall be kept in any district except in RA, R-1, R-2, R-4, R-6, and R-12 districts on lots

of at least half (½) an acre in size with two additional hives allowed for each half (½) an acre over the

initial half (½) acre. Compliance with Chapter 3, ‘Animal and Fowls’ of the City Code is required.


14-400-09 DONATION BINS

14-400-09-A. Donation bins may be kept on property zoned Commercial (O/C) or Industrial (I) when

on a parking lot adjacent to the building/tenant space, and on a property, of an operating business with a

valid City business license. However, such bins may also be kept on properties used for religious

assembly, institutional or community service uses regardless of the property’s zoning or business license

status.

14-400-09-B. Bins are limited to maximum height of seven feet with a maximum area of 25 square feet.

Bins that exceed this maximum height or area shall be considered an accessory building and comply with

the standards of Section 14-400-01.

14-400-09-C. Donation bins are prohibited from collecting hazardous materials. All donated items

should fit inside the bin. All bins must be kept clean and in good repair.

14-400-09-D. Sites of five acres or less are limited to one donation bin, sites over five acres up to two

bins. Bins shall be grouped together on the property.

14-400-09-E. Bins must not be located in any drive aisle, required parking or loading space, walkway,

or impede vehicular or pedestrian traffic.

14-400-09-F. Donation bins shall not be placed in the right-of-way, and shall be setback a minimum of

100 feet from the right-of-way.

14-400-09-G. The regulations set herein shall be the responsibility of the owner of the donation bin.

Donation bins not in full compliance with the regulations set herein may be deemed rubbish in

accordance with Chapter 4 of the City Code. Any removal of a donation bin shall be the responsibility of

the owner of the donation bin.


14-400-10 OUTDOOR SEATING AREAS

14-400-10-A. GENERALLY

This section applies to establishments seeking to add an outdoor seating area to be used for eating and/or

drinking. Such establishments must obtain a commercial building permit and be in conformance with the

following standards.

14-400-10-B. PEDESTRIAN SEPARATION

The boundary of the outdoor seating area must be surrounded by pedestrian separation material which

shall be sturdy, stable, and in good condition. Pedestrian separation material includes, but is not limited

to: plants, planters, railings, fencing or other similar quality materials. All such material shall be

maintained in good visual appearance, without visible fading, chipping and/or deterioration. The

outdoor seating area must be ADA accessible.

14-400 ACCESSORY USES AND STRUCTURES | 14-400-11 OUTDOOR SEATING AREAS, LOCATED ON ROOFTOPS


AMENDMENT # 42

4-12

14-400-10-C. SETBACKS

The outdoor seating area must be located at least:

1. 25 feet from any adjoining R zoned property;

2. 10 feet from any adjoining O, C or I zoned property;

3. 10 feet from any drive aisle;

4. 25 feet from any adjoining minor or collector street right-of-way; and,

5. 50 feet from any adjoining minor arterial or arterial street, or Highway, right-of-way.

These setback requirements shall not pertain to the Square Redevelopment District and any special

purpose or overlay zoning district established per Section 14-900.

14-400-10-D. OTHER REQUIREMENTS

The amount of outdoor seating provided must be reflected in the amount of parking spaces provided in

accordance with Section 14-501. Sidewalks interior to the site must be maintained or relocated to provide

adequate pedestrian access. Other City Code sections may apply to outdoor seating areas including, but

is not limited to: the City’s adopted Fire, Building, Electrical, and Health Codes. The hours of operation

shall not exceed the hours of operation of the principle use.

14-400-10-E. RELIEF FROM SETBACKS

Waivers or modifications of these standards may be approved only through the Administrative

Adjustment procedures of Sec. 14-706-01.

14-400-11 OUTDOOR SEATING AREAS, LOCATED ON ROOFTOPS

This section applies to establishments seeking to add a rooftop outdoor seating area proposed for eating

and/or drinking. Such establishments must obtain a commercial building permit and be in conformance

with the following standards.

14-400-11-A. The roof shall be able to structurally support the proposed use.

14-400-11-B. The roof shall be surrounded by a wall, parapet, fence or similar guardrail with a

minimum height of 42 inches.

14-400-11-C. The hours of operation shall not exceed the hours of operation of the principle use.


14-400-12 RESIDENTIAL PRODUCE STANDS

14-400-12-A. APPLICABILITY

A produce stand shall be considered a residential produce stand when located on property that is used or

zoned for residential purposes.

14-400-12-B. LOCATION

Residential produce stands shall be considered a permitted accessory use, and shall be located on private

property and not in the public right-of-way.

14-400 ACCESSORY USES AND STRUCTURES | 14-400-12 RESIDENTIAL PRODUCE STANDS


AMENDMENT # 42

4-13

14-400-12-C. PRODUCTS SOLD

Products sold at residential produce stands shall have been grown, raised or produced on the same

property where the produce stand is located. Agricultural products such as raw, uncut vegetables, uncut

fruits, herbs, flowers, plants, and honey may be sold at residential produce stands.


14-400-12-D. HOURS OF OPERATION

Residential produce stands may operate from 7 a.m. to sunset.

14-400-12-E. PARKING

Off-street parking, in conformance with Section 15-502-10-B.1.b, is required for residential produce stands

if there is not adequate on-street parking on an adjacent street. On-street parking for residential produce

stands shall only take place on a local thoroughfare.

14-400-12-F. SETBACKS

Residential produce stands shall comply with requirements of Section 14-400-01-C; however, exterior

setback requirements shall not apply to residential produce stands.

14-400-12-G. APPLICABILITY

All signage for residential produce stands shall comply with the requirements of Section 14-504.



AMENDMENT # 42

4-14

14-401 DAY CARE

14-401-01 CHILD DAY CARE

14-401-01-A. STATE LICENSE

All family day care homes, group day care homes and day care centers must be licensed by, and comply

with all requirements of the Missouri Department of Health and Senior Services.

14-401-01-B. CITY LICENSE

All family day care homes, group day care homes and day care centers must comply with all

requirements of the city health department.

14-401-01-C. OUTSIDE PLAY AREAS

Outside play areas are permitted in accordance with the Missouri Department of Health requirements.

All outdoor play areas must be enclosed by a wall or fence at 42 inches in height and meet the safety

requirements of the state and city fire and health departments.


14-401-02 FAMILY DAY CARE

14-401-02-A. A family child care home is subject to the Major Home Business regulations and permit

procedures of Sec. 14-400-03.

14-401-02-B. The following exceptions and requirements apply to all family day care home

applications:

1. All care providers must be licensed by, and comply with all requirements of the Missouri

Department of Health, Division of Health Standards and Licensure; and the City Health

Department.

2. Outside play areas are permitted in accordance with the Missouri Department of Health

requirements. All outdoor play areas must be enclosed by a wall or fence at least 42 inches in

height and meet the safety requirements of the State and City Fire and Health Departments.

3. Up to 50% of the total floor area of the dwelling unit may be used in conjunction with a family child

care home.

14-401-03 ADULT DAY CARE

Adult day care facilities must be licensed by, and comply with all requirements of the Missouri

Department of Health and Senior Services and any codes of the City of Independence.


AMENDMENT # 42

4-15

14-402 FINANCIAL SERVICES

14-402-01 APPLICABILITY

The standards of this article apply to pawn shops and short-term loan services.

14-402-02 SEPARATION AND NUMBER OF ESTABLISHMENTS PER CAPITA

14-402-02-A. Pawnshops and short-term loan services may not locate or expand an existing operation

within 2,500 feet of the boundary of the City of Independence or within 2,500 feet of another pawn shop

or short-term loan service.

14-402-02-B. Pawnshops and short-term loan services may not locate or expand an existing operation

within 1,500 feet from any church, school, day care facility, public building, public park, or hospital.

14-402-02-C. Pawnshops and short-term loan services may not locate or expand an existing operation

within 500 feet from any residential district or use.

14-402-02-D. The distance between any of these uses will be measured in a straight line, without

regard to intervening structures or properties, from the closest exterior structural wall of each business.

14-402-02-E. No permit may be issued for a short-term loan service or pawn shop where it is

determined that the total number of such facilities will exceed a population density factor of one such

establishment per 15,000 residents based on the last decennial census.


14-402-03 VEHICLE STORAGE AND/OR DISPLAY

No vehicle, including but not limited to motor vehicles, motor homes, trucks, trailers, motorcycles,

scooter, boats, and recreational vehicles, that have been repossessed or are owned or controlled by the

business shall be stored, or offered or displayed for sale, on the property upon which the business is

located.


AMENDMENT # 42

4-16

14-403 GASOLINE AND FUEL SALES

14-403-01 MINIMUM LOT AREA

The minimum lot area for a gas station is 30,000 square feet.

14-403-02 LANDSCAPING

Gas stations are subject to compliance with the landscape, bufferyard and screening regulations of Article

14-607, expressly including parking lot perimeter landscaping standards of Article 14-503.

14-403-03 LIGHTING

All lighting must be directed downward and shielded to prevent illumination of adjoining residential

property. Under canopy-mounted lighting must be recessed or flush-mounted so that light sources do not

extend below the ceiling of the canopy.

14-403-04 DRIVEWAYS AND ACCESS

All driveways must be located and designed to ensure that they will not adversely affect the safety and

efficiency of traffic circulation on adjoining streets.

14-403-05 PUMP LOCATIONS AND APPEARANCE

Dispensing pumps are not located within 25 feet of a property line abutting a street. There shall be

adequate space to allow up to three cars to stack in a line at a pump without using any portion of the

adjacent street. The design, location, covering colors, and screening of the gasoline pumps shall be such

that they are compatible with the design of the building.

14-403-06 VISUAL IMPACTS

The visual impact of the uses is minimized and screened from adjacent rights-of-way and properties

through placement of buildings, screening, landscaping, and other site design techniques.

14-403-07 VEHICLE SERVICING AND STORAGE

Servicing of vehicles is limited to the checking and adding of fluids and air and the cleaning of windows.

No other repair or servicing of vehicles is permitted on site.

No materials, supplies or equipment, including firm owned or operated trucks, shall be stored in any area

on a site except inside a closed building or behind a visual barrier or service area that screens the

equipment from view of all public street.


AMENDMENT # 42

4-17

14-404 GROUP LIVING FACILITIES

14-404-01 PURPOSE

It is the intent of these standards to ensure that all group living facilities conform to the general character

of the neighborhood in which they are located. To this end, standards pertaining to exterior appearance

of the structure and lot are prescribed, as well as standards pertaining to the occupancy/density of group

living facilities in any given neighborhood.

14-404-02 MINIMUM STANDARDS FOR GROUP HOME, CUSTODIAL AND RESIDENTIAL, DOMESTIC VIOLENCE

RESIDENCE AND SHELTER

14-404-02-A. SITING/SEPARATION

A group living facility may not be located (nor an existing one expanded) within 2,640 feet of another

group living facility, measured as the shortest distance between any portion of the lot on which the group

living facility is situated.

14-404-02-B. DESIGN/APPEARANCE

All buildings and properties must maintain an exterior appearance that reasonably conforms to the

neighborhood within which they are proposed to be located.

14-404-02-C. OCCUPANCY

The number of occupants of a group living facility may not exceed the number of occupants permitted for

the subject building by the Building Code or Fire Code, as applicable.


14-404-03 MINIMUM STANDARDS FOR SUBSTANCE ABUSE TREATMENT HOUSE, PENAL HALFWAY HOUSE,

RECOVERY CENTER, HOMELESS SHELTER AND SOUP KITCHEN

14-404-03-A. SITING/SEPARATION

A group living facility may not be located (nor an existing one expanded) within 2,640 feet of another

group living facility, measured as the shortest distance between any portion of the lot on which the group

living facility is situated, and 2,640 feet from any church, school, day care facility, public building, or

public park.

14-404-03-B. DESIGN/APPEARANCE

All buildings and properties must maintain an exterior appearance that reasonably conforms to the

neighborhood within which they are proposed to be located.

14-404-03-C. OCCUPANCY

The number of occupants of a group living facility may not exceed the number of occupants permitted for

the subject building by the Building Code or Fire Code, as applicable.


14-404-04 USE

Each group living facility is unique in the services offered by it. Therefore, it will be permitted only for

the exact use of the permitted group living facility. No other group living facility use may be permitted in

that location, unless the subsequent group living facility obtains a special use permit. Upon cessation of

the particular group living facility use for a period of six months or greater, the special use permit will be

deemed abandoned and will require obtaining a new special use permit. Such application will be

14-404 GROUP LIVING FACILITIES | 14-404-04 USE


AMENDMENT # 42

4-18

considered in the same manner as any new application and must conform to all then existing standards,

conditions and city codes.



AMENDMENT # 42

4-19

14-405 RECREATIONAL VEHICLE PARKS

14-405-01 RECREATIONAL VEHICLE PARKS

14-405-01-A. No person, firm or corporation shall occupy any recreational vehicle as living quarters

located outside an approved recreational vehicle park.

14-405-01-B. An application for a recreational vehicle park must be accompanied by a site plan

application, pursuant to Section 14-705, and include the following information:

1. North point.

2. Name of builders, developers and existing property owners.

3. Recreational vehicle park site dimensions.

4. Existing topography with a contour interval of not more than five feet.

5. Proposed arrangement of interior drives and streets.

6. Ingress and egress from adjoining streets.

7. Location of proposed sidewalks.

8. Location of proposed structures, recreational areas and parking areas.

9. Location of proposed sewage treatment facility.

10. Proposed arrangement and dimensions of recreational vehicle spaces.

11. Proposed landscaping.

12. Proposed street lighting system.

13. Stages and times of development.

14. Development of areas within 200 feet of the recreational vehicle park site.

14-405-01-C. Land that the City Council finds to be detrimental to the public interest if developed as a

recreational vehicle park may not be developed as a recreational vehicle park unless and until such

objectionable features are corrected.

14-405-01-D. Recreational vehicle spaces must be provided with a hard surfaced area on which a

recreational vehicle may be parked and each space must be clearly and permanently marked and

delineated.

14-405-01-E. Individual recreational vehicles must be so situated on each space that there is at least 14

feet between recreational vehicles and between recreational vehicles and all permanent structures.

14-405-01-F. Minimum seven-foot setbacks must be maintained along all interior property lines.

Minimum 25-foot setbacks must be maintained along all exterior property lines. All required setback

areas must be kept free of all structures and recreational vehicles.

14-405-01-G. On-site open space equal to at least 10% of the total recreational vehicle park area must

be provided. Required setbacks may not be counted toward satisfying on-site open space requirements.

14-405-01-H. An opaque screen or buffer zone at least eight feet in height must be maintained along all

interior property lines. Such screen may be in the form of walls, fencing or landscaping.

14-405-01-I. Each recreational vehicle park must have a minimum frontage of 200 feet upon a public

street.

14-405 RECREATIONAL VEHICLE PARKS | 14-405-01 RECREATIONAL VEHICLE PARKS


AMENDMENT # 42

4-20

14-405-01-J. Each recreational vehicle space within a recreational vehicle park must have direct access

to an interior paved drive or street. The minimum width of one-way interior drives serving enclaves of

recreational vehicle spaces and permitting no parking is 14 feet, measured from back-to-back of curb.

The minimum width of two-way interior drives permitting no parking is 26 feet, measured from back-to-

back of curb. The minimum width of one-way interior drives permitting parking on one side only is 18

feet, measured from back-to-back of curb. The minimum width of interior two-way drives permitting

parking on one side only is 28 feet, measured from back-to-back of curb. The minimum width of one-

way interior drives permitting parking on both sides is 28 feet, measured from back-to-back of curb. All

interior drives and public streets must be designed and paved according to city specifications for

residential streets contained in the Public Works Manual and this development ordinance.

14-405-01-K. Street lights approved by the city staff must be provided.

14-405-01-L. For recreational vehicle spaces provided with electrical service, the distribution system

must be installed according to city specifications. All utilities must be placed underground.

14-405-01-M. For recreational vehicle spaces provided with a supply of potable water, the supply

system must be installed in accordance with city specifications.

14-405-01-N. For recreational vehicle spaces provided with a sewer, the sewer system must be

installed in accordance with city specifications. The sanitary sewer system and sewage treatment system

must be approved by the City Engineer.

14-405-01-O. Fire hydrants must be located in accordance with the fire code and adopted city

standards.

14-405-01-P. Tip-proof garbage and recycling containers with tight-fitting covers must be provided for

disposal of all garbage and recyclables. Containers must be kept in a sanitary condition at all times.

Garbage and recycling must be collected as frequently necessary to insure that containers do not

overflow.

14-405-01-Q. Service buildings containing separate toilet and shower facilities for each gender and an

adequate supply of potable water must be provided. Service buildings must be located not farther than

200 feet from recreational vehicle spaces without sanitary facilities, and must be constructed in

accordance with the Building Code.

14-405-01-R. The maximum length of stay by a recreational vehicle in a recreational vehicle park shall

be 14 days within any consecutive 60-day period.

14-405-01-S. Every owner or operator of a recreational vehicle park must maintain an open register

containing a record of all recreational vehicles and occupants. The register must be available to any

authorized person inspecting the recreational vehicle park. The register must contain (1) the name and

permanent address of the owner or operator of all recreational vehicles and the number of occupants; (2)

the make, model and license number of the recreational vehicle; and (3) the dates of arrival and departure

of a recreational vehicle or its occupants.

14-405-01-T. It is unlawful for any person, firm or corporation to operate a recreational vehicle park

within the City of Independence unless the recreational vehicle park is licensed by the City of

Independence. A business license to operate a recreational vehicle park will be issued by the License

Officer in accordance with the procedures and requirements of Chapter 5 of the City Code.

14-405-01-U. The grounds of the recreational vehicle park and all buildings and structures thereon

must be maintained in a clean, visually attractive condition and kept free of any condition that will

menace the health of any occupant or the public or create a nuisance.


AMENDMENT # 42

4-21

14-406 OFF-PREMISE ADVERTISING


Off-Premise advertising is permitted in the C-2, C-3 and I-1 districts, subject to the requirements of this

section. Off-premise signs that exceed 32 square feet in area require special use permit approval. For

off-premise signs of 32 square feet or less, see Section 14-504-15.


14-406-02 LOCATION

Billboards may only be located on platted parcels and not the right-of-way. Billboards are allowed only

adjacent to streets on the City's Thoroughfare Plan designated as a ‘Divided Highway’, ‘Highway’, and

‘Arterial-Major’ except the following: Little Blue Parkway, Valley View Parkway and Jackson Drive.


14-406-03 SETBACKS

14-406-03-A. GENERALLY - Each billboard shall have minimum setbacks of (a) at least 25 feet from its

nearest edge to the right of way and all property lines, and (b) at least 90 feet from all roofed structures,

from all points of the billboard.

14-406-03-B. FROM HIGHWAY INTERCHANGES AND BRIDGES - No billboard shall be located adjacent to or

within 500 feet of any interchange, intersection at grade. Said 500 feet shall be measured from the

beginning or ending of the pavement widening at the exit from or entrance to the main traveled way or

if there is no pavement widening, then from the midpoint of the intersection.

14-406-03-C. FROM RESIDENTIAL PROPERTY AND PUBLIC AREAS - No billboard shall be located within 500

feet of land utilized for residential use or for public activity purposes such as schools, parks,

playgrounds, hospitals, and churches.


14-406-04 LIGHTING

14-406-04-A. GENERALLY - External lighting, such as floodlights, thin line and gooseneck reflectors are

permitted, provided the light source is directed upon the face of the billboard and is effectively

shielded so as to prevent beams or rays of light from being directed into any portion of the street,

highway or adjoining properties.

14-406-04-B. MAXIMUM LEVELS - The maximum average lighting intensity level for such billboard

shall be 20 foot candles at the light source.

14-406-04-C. PROHIBITED - No revolving or rotating beam or beacon of light that simulates any

emergency light or device shall be permitted as part of any billboard. No flashing, intermittent, or

moving light or lights shall be permitted. No billboard shall be so illuminated that it interferes with the

effectiveness of, or obscures, an official traffic sign, device or signal. Nor shall the illumination be

directed toward any residential area. The lights shall not be of such intensity so as to cause glare,

impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver’s operation of a

motor vehicle.

14-406-05 DIGITAL BILLBOARDS

In addition to those regulations established for general billboards in this section, the following

regulations shall also apply to digital electronic billboards.

14-406 OFF-PREMISE ADVERTISING | 14-406-06 MAXIMUM SIGN AREA


AMENDMENT # 42

4-22

14-406-05-A. DISPLAY - Digital billboards may utilize the multiple advertisement display format that

allows the digital sign face to change, immediately, from one scene or advertisement to another. Each

scene or advertisement shall be displayed for a minimum of eight seconds before changing to another

so as not to simulate a moving display.

14-406-05-B. INTENSITY - Digital billboard intensity of illumination shall be established by the Director

at the time of installation and may be adjusted periodically at the Director’s request so as not to

interfere with the enjoyment of adjacent uses or impair the vision of the driver of a motor vehicle on

any portion of the street or highway. The Directors decision may be appealed to the City Council with

such documentation necessary to support such appeal.

14-406-06 MAXIMUM SIGN AREA

Billboards adjacent to a ‘Divided Highway’ shall not exceed 750 square feet in area. Billboards adjacent

to ‘Highway’ and ‘Arterial-Major’ streets shall not exceed 350 square feet in area. Billboards shall have

a maximum length of 60 feet, and a width of 30 feet, inclusive of border and trim but excluding the base

or apron, supports, and other structural members. The maximum size limitations shall apply to each

side of a billboard structure, and billboards may be placed back to back, double faced, or in V-type

construction with not more than two displays to each facing, but sign structure shall be considered as

one billboard

14-406-07 SPACING REQUIREMENTS

14-406-07-A. MINIMUM DISTANCE - All billboards hereafter erected shall not be less than 1,200 feet on

the same side of the roadway from any other billboard where such sign is adjacent to a divided

highway or highway, and provided that an off-premise advertising sign adjacent to an arterial street

shall not be less than 500 feet from any other existing billboard sign.

14-406-07-B. MEASUREMENT METHOD - The measurement in this section shall be minimum distances

between billboard structures measured along the nearest edge of the pavement between points directly

opposite the billboard along each side of the highway and shall apply only to billboard structures

located on the same side of the street or highway involved.

14-406-08 HEIGHT

The maximum height of each billboard shall be approved as part of the Special Use Permit. In addition,

the applicant for permit shall present documentation to the reasonable satisfaction of the Director of

Community Development that the applicant has secured the legally enforceable right to prevent the

erection of structures within the setback zones. No City building permit shall be issued for

construction of any building within the setback/clearance zone for any billboard.


14-406-09 LANDSCAPING AND FENCING

Before a permit is issued, the applicant shall receive approval by the Community Development Director

for a plan for landscaping and fencing around the proposed billboard to ensure that the structure will

be aesthetically compatible with its surrounding and the aesthetic standard of the community and

neighboring property. In determining whether the landscaping plan is reasonably suitable, the

Director of Community Development shall take into consideration the nature of the location, the impact

on surrounding properties, the safety and security of the proposed billboard, and the relative cost of the

landscaping, lighting and fencing to the applicant in relationship to the overall impact upon the

property values in the immediate area which would be caused by a lack of such landscaping, lighting

and fencing for the proposed billboard.

14-406 OFF-PREMISE ADVERTISING | 14-406-10 NUISANCES


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14-406-10 NUISANCES

Any billboard which, because of lack of maintenance, upkeep, vandalism, accumulation of litter, refuse

or debris, or the deterioration of landscaping, lighting or fencing, becomes unsightly or unsafe is hereby

declared to be a nuisance and shall be subject to abatement by the City in the same manner as all other

nuisances on private property.

14-406-11 SERVICE DRIVES

Direct access to billboards from curb cuts along a highway or service road shall be prohibited. Direct

access shall be gained through paved roads and drives which are private and internal to a lot or parcel.

All vehicles, equipment, and people used to build, service, maintain and repair such signs must confine

their activity so as not to interfere with pedestrian or vehicular traffic on public roads.

14-406-12 PERMITS

14-406-12-A. STATE APPROVAL - The City shall not issue a permit for any new billboard without a

permit having first been issued by the Missouri Department of Transportation.

14-406-12-B. SUBMISSION REQUIREMENTS - Before a permit is issued, the applicant shall submit two

surveys: (1) a certified boundary survey of the site showing location of the billboard and its

setback/clearance zone; and (2) a billboard survey to indicate the relative vertical and horizontal

distances between the proposed billboard and all other pole mounted signs within 1,000 feet. If by

reason of height, size or spacing, the proposed billboard creates a significant disharmony with pole

mounted signs within 1,000 feet, or unreasonable detracts from the visibility of other neighboring signs

or properties, the Director of Community Development may require reasonable modification of the

billboard’s dimensions to cure such deficiencies as a condition to granting a permit.

14-406-13 ABANDONED BILLBOARDS

Where a billboard structure does not include advertising information other than for the use of the

billboard for a period of 180 continuous days, such billboard structure shall be deemed abandoned and

shall be removed. Nothing contained herein shall prevent the City from taking such other lawful

actions as may be necessary to prevent or remedy any violation.

14-406-14 ANNUAL INSPECTION REQUIRED

Owners of all billboards erected after the effective date of this chapter shall be required to submit an

annual inspection report from a Missouri licensed engineer concerning the sign’s structural integrity.

The certification shall be completed and submitted to the City on or before July 1 of each year. Failure

to submit a report shall result in the immediate revocation of the sign’s permit.


AMENDMENT # 42

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14-407 PUBLIC AND CIVIC USES

14-407-01 LOCATION

Public and civic uses subject to the use standards of this section must be located on lots with frontage on

collector or higher classification streets.


AMENDMENT # 42

4-25

14-408 VEHICLE STORAGE AND TOWING


14-408-01 MINIMUM STANDARDS FOR VEHICLE STORAGE/TOW LOTS

The following minimum standards shall apply to vehicle storage/tow lots.

14-408-01-A. LOCATION

Any property containing a vehicle storage or a tow lot must be located at least 500 feet from any

residential zoning district. Lots occupied by tow lots, impound yards and similar facilities must have

frontage on an arterial or higher classification street. Tow lots may not locate or expand an existing

operation within 2,500 feet of the boundary of the City of Independence, within 2,500 feet of another low

lot, or 2,500 feet from any property zoned O-1 (Office Residential), O-2 (Office), or BP (Business Park).


14-408-01-B. OUTDOOR STORAGE

All outdoor vehicle storage areas must be shielded by an opaque fence or wall that is a minimum of six

feet tall and a maximum of 10 feet tall. The interior of the fence or wall must be protected by a guardrail

or similar barrier to prevent damage to the fence of wall. All vehicles, equipment and inventory of the

business must be stored behind the fence or wall and may not exceed the height of the fence or wall. All

storage areas shall be paved in accordance with the requirements of the City Public Works Manual.

14-408-01-C. NUMBER OF ESTABLISHMENTS PER CAPITA

The number of tow lots in the city shall not exceed a population density factor of one such establishment

per 12,000 residents based on the last decennial census.


14-408-02 MINIMUM STANDARDS FOR TOW LOT, LIMITED


14-408-02-A. LOCATION

Any property containing a Tow Lot, Limited must be located on a property adjacent to streets on the

City’s Thoroughfare Plan designated as a “Highway.”

14-408-02-B. MINIMUM LOT SIZE

The minimum required lot area for a Tow Lot, Limited establishment is 1.5 acres.

14-408-02-C. NUMBER OF VEHICLES

The maximum number of vehicles shall not exceed 30 vehicles.

14-408-02-D. TYPE OF VEHICLES

All vehicles parked or stored shall be limited to passenger cars and light trucks awaiting insurance

adjustment or transport to a repair shop and where motor vehicles are kept for a period of time not

exceeding 90 days. No commercial vehicles shall be stored at the site.

14-408-02-E. STORAGE AREA

All outdoor storage area shall be located to the rear of the building. No fence shall be located closer to the

“Highway” classified street then the building.

14-408-02-F. SCREENING

All outdoor vehicle storage areas must be shielded by an opaque fence or wall that is a maximum of 6 feet

tall. All vehicles, equipment and inventory of the business must be stored behind the fence or wall and

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may not exceed the height of the fence or wall. All storage areas shall be paved in accordance with the

requirements of the City Public Works Manual.

14-408-02-G. ON-SITE ACTIVITY

There shall be no renting, selling, salvaging, dismantling or repair of vehicles in association with the Tow

Lot, Limited use. No vehicles shall be loaded, unloaded or otherwise placed either temporarily or

permanently outside the enclosed building, fence, or wall or within the public right-of-way.

14-408-02-H. PARKING SURFACE

All vehicles shall be parked on a hard, durable, all-weather surface such as asphalt or concrete.

14-408-02-I. PARKING OF EQUIPMENT

All tow vehicles shall be parked or stored inside a fully enclosed building.

14-408-02-J. NUMBER OF ESTABLISHMENTS PER CAPITA

The number of tow lot, limited in the city shall not exceed a population density factor of one such

establishment per 25,000 residents based on the last decennial census.


14-408-03 MINIMUM STANDARDS FOR TOW SERVICE DISPATCH CENTERS

The following minimum standards shall apply to tow service dispatch centers.

14-408-03-A. PARKING OF VEHICLES AND EQUIPMENT

The parking and storage of tow vehicles outside of a fully enclosed building shall be completely screened

from public view by a solid fence or wall at least eight feet in height that provides total visual screening

from adjoining properties and public streets.

14-408-03-B. PARKING SURFACE

All vehicles shall be parked on a hard, durable, all-weather surface such as asphalt or concrete.

14-408-03-C. LOCATION

All tow vehicles must be parked or stored at least 10 feet from the side and rear property lines, 15 feet

from the front property line. Any property containing a tow service dispatch center must be located at

least 500 feet from any residential zoning district or any property in residential use.

(History: Ordinance No. 17534, 17832, 17942)


AMENDMENT # 42

4-27

14-409 VEHICLE/EQUIPMENT SALES


The standards of this article apply to vehicle/equipment sales establishments.

14-409-02 LOCATION AND LOT AREA

As a conditional use, a Vehicle/Equipment Sales business may not locate within 100 feet of any residential

use or district, church, school, or public park and must have a lot area of at least 1.50 acres.

With Special Use Permit approval, a Vehicle/Equipment Sales business may locate less than 100 feet of

any residential use or district, church, school, or public park and may have a lot size less than 1.50 acres.

Such Special Use Permit must be approved in accordance with Section 14-704.

Such measurement shall be made from the boundary of any property containing the proposed

Vehicle/Equipment Sales business and the boundary of any property zoned residential or in use for a

residential purpose, a church, school, or public park.


14-409-03 PERMANENT STRUCTURE

Every vehicle/equipment sales establishment must include at least one on-site permanent structure with a

minimum heated floor area of 400 square feet. On-site permanent structures must be constructed in

accordance with all applicable building code requirements.

14-409-04 OUTDOOR DISPLAY AREAS

14-409-04-A. Elevated displays, lifts or metal structures used in conjunction with the display of motor

vehicles may be allowed only within such areas are specifically designated upon the approved site plan.

Such structures may not be located in any required setback.

14-409-04-B. Outdoor display/sales areas must incorporate curbs or other substantial permanent

barriers to prevent encroachment of the vehicles into required building setback and landscape areas. All

vehicle display and parking areas must be paved in accordance with the requirements of the Public Works

Manual.

14-409-05 LANDSCAPING

Vehicle/equipment display/sales lots must comply with the perimeter parking lot landscaping

requirements of Section 14-503. Shrubs may be substituted for required trees at the rate of seven shrubs

for each required tree.

14-409-06 VEHICLE QUALITY

All motor vehicles/equipment parked or displayed outdoors must be operable and conform to all

applicable State and city code requirements.

14-409-07 REPAIRS

Repairs and service of inoperable motor vehicles may be conducted only when wholly enclosed within an

on-site permanent building.



AMENDMENT # 42

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14-410 WIRELESS COMMUNICATION FACILITIES

14-410-01 PURPOSES AND INTENT

The standards of this article are intended to accommodate wireless communication facilities while

promoting the general purposes of this development ordinance. Other specific purposes of these

regulations are to:

14-410-01-A. enhance the ability of the providers of telecommunications services to provide such

services to the community quickly, effectively, and efficiently;

14-410-01-B. assure the highest degree of coordination between residents of the city and the

telecommunications industry in achieving the desired objectives of the industry and the general public;

14-410-01-C. minimize any adverse impacts of towers and antennas on residential areas and land uses;

14-410-01-D. encourage the location of towers in nonresidential areas;

14-410-01-E. minimize the total number of towers throughout the city;

14-410-01-F. encourage towers that are not taller than reasonably necessary and that they are, to the

maximum extent possible, integrated into the landscape and architecture of the surrounding

environment;

14-410-01-G. encourage users of towers and antennas to configure them in a way that minimizes any

adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and

innovative camouflaging techniques, consistent with federal and state requirements;

14-410-01-H. encourage the joint use of new and existing tower sites as a primary option rather than

construction of additional single-use towers;

14-410-01-I. avoid potential damage to adjacent properties from towers; and

14-410-01-J. comply with all other regulatory requirements imposed by the federal and state

government.


The regulations of this article apply to all, cellular and noncellular support structures associated

structures and equipment.

14-410-03 EXEMPTIONS

The following are exempt from the regulations of this article to the extent indicated:

14-410-03-A. Parabolic or other similar antennas not exceeding one meter in diameter, regardless of

zoning district.

14-410-03-B. Parabolic or other similar antennas not exceeding two meters in diameter in

nonresidential zoning districts.

14-410-03-C. Antennas designed to receive local television broadcast signals, regardless of zoning

district.

14-410-03-D. Low-powered networked telecommunications facilities such as micro-cell radio

transceivers located on existing utility poles and light standards within public right-of-way.

14-410-03-E. Send and receive citizen band radio antennas or antennas operated by federally licensed

amateur (“ham”) radio operators.

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14-410-03-F. Industrial, scientific and medical equipment using frequencies regulated by the FCC.

14-410-03-G. Military, federal, state or local government communication towers used exclusively for

navigational purposes, emergency preparedness, and public safety purposes.

14-410-04 CELLULAR SUPPORT STRUCTURES

All freestanding cellular wireless communications antenna support structures must be in conformance

with this Article. Antennas installed on a building or on supports installed on a building with a height of

no more than 12 feet above the main roof of the building, and previously approved co-location sites are

permitted as accessory uses.

14-410-05 NON-CELLULAR SUPPORT STRUCTURES

All freestanding non-cellular wireless communications antenna support structures must be in

conformance with this Article and require special use approval in accordance with Section 14-704.

Antennas installed on a building or on supports installed on a building with a height of no more than 12

feet above the main roof of the building, and previously approved co-location sites are permitted as

accessory uses.

14-410-06 LOCATION AND HEIGHT

It is the express intent of the city to encourage the location of new wireless communications antennas on

existing structures, including buildings, utility poles, and equipment, and wireless communication

support structures designed for co-location. Sites for new installation of support structures are

encouraged to be as visually unobtrusive as possible by locating near existing trees, utility poles or

towers, or similar elements that serve to screen or divert attention from the new support structure, and

locating outside of primary views along major roads. Sites for new installation of support structures are

encouraged to be as compatible as possible with surrounding land uses by avoiding locations in or near

residential areas and locating in rear service areas, or other low visibility areas of business parks and

intensely commercialized areas whenever possible. All antennas and antenna support structures must

comply with the following standards:

14-410-06-A. SETBACKS

All antenna support structures and the antennas installed on those support structures, including all

associated elements or parts, must comply with the minimum setback standards of the district in which it

is to be located.

14-410-06-B. ADDITIONAL SETBACK FROM CERTAIN FACILITIES AND STRUCTURES

In addition to complying with the district setback standards, towers used as antenna support structures

must be located on the property so as to provide a minimum distance equal to 50% of the height of the

structure from any residential structure or any aboveground utility power lines other than applicant’s

service lines or a distance equal to that from the top of the support structure to a break point certified by a

professional engineer or as evidenced by the manufacturer’s specifications.

14-410-06-C. HEIGHT

Wireless antennas and associated structures should be installed at the lowest possible height to meet

signal coverage needs. It is a goal of the city to minimize new construction of antenna support structures

through co-location, however, factors such as compatibility with adjacent land uses and aesthetics should

be given consideration in circumstances when it may be more appropriate to construct lower support

structures without co-location capability.

14-410-06-D. CONSIDERATION OF ALTERNATIVE LOCATIONS

For any proposed location that requires a special use permit, evidence must be submitted to demonstrate

that all reasonable alternatives have been exhausted, and that the requested location is the most

14-410 WIRELESS COMMUNICATION FACILITIES | 14-410-07 DESIGN AND AESTHETICS


AMENDMENT # 42

4-30

appropriate site available to serve the need identified considering compatibility with adjacent land uses

and visual unobtrusiveness.

14-410-07 DESIGN AND AESTHETICS

Installations of all antennas, antenna support structures, and accessory equipment must comply with the

following standards:

14-410-07-A. SUPPORT STRUCTURES

Lattice towers, monopoles, and guy wire towers are acceptable antenna support structures. All antenna

support structures over 70 feet in height must be constructed to accommodate at least one additional user

while meeting the standards of this section. Guy anchor foundations shall be setback a minimum of 10

feet from all property lines.

14-410-07-B. ANTENNAS

All anticipated antennas and mounting hardware must be shown on drawings for initial approval.

Mounting details for similar types of antennas must be visually consistent, and mounting locations for

multiple antennas on a single support structure must be coordinated in design, and spaced and balanced

to give a planned and uncluttered appearance. Installation of additional antennas beyond those reflected

in initial approvals may be approved administratively if they meet these standards.

14-410-07-C. EQUIPMENT CABINETS AND OTHER GROUND-LEVEL EQUIPMENT

When located in any R district, equipment cabinets and other ground-level equipment must be located

within an enclosed building that must be architecturally compatible with surrounding properties.

Otherwise, ground- level equipment must be enclosed with an architecturally compatible fence with a

landscape buffer, as provided in Article 14-607. This requirement may be waived when the design of the

facility does not warrant a fence (e.g., a flag pole design or a similar “stealth” design).

14-410-07-D. SCREENING OF BUILDING- AND ROOF-MOUNTED ANTENNAS

All communication antennas located in nonresidential zoning districts must be architecturally compatible

and integrated with the building or structure on which they are located. For purposes of this section

“architecturally compatible” is a design intended to convey a clean appearance and help minimize the

visual impacts of the antennas and their support structures. Associated rooftop equipment must also be

screened from public view with architectural treatment compatible with the building’s architecture.

Painting of the equipment does not, in and of itself, satisfy this requirement. If not adequately screened

by a roof parapet, rooftop screening of associated equipment must be provided with the use of

architectural panels, walls or building features of similar appearance and materials.

14-410-07-E. ILLUMINATION

Antennae support structures may not be artificially lighted, unless required by the FAA or other

applicable authority. If lighting is required, the lighting alternatives and design chosen must be designed

to cause the least disturbance to the surrounding properties.

14-410-07-F. PLANS AND DRAWINGS

Plans and drawings submitted with applications must demonstrate compliance with the regulations of

this article.

14-410-08 SPECIAL USE PERMIT APPLICATION REQUIREMENTS

In addition to the general application requirements for a special use permit, all applications for non-

cellular wireless communication facilities, including those seeking a building permit, must include the

following:

14-410-08-A. The name, address, and telephone number of the owner and lessee of the parcel of land

upon which the facilities are to be situated. If the applicant is not the owner of the parcel of land upon

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AMENDMENT # 42

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which the proposed tower is to be situated, the written consent of the owner must be evidenced in the

application. If the applicant is not the owner of the property, a copy of the preliminary lease agreement is

required to be provided with the application. A copy of the final agreement must be submitted prior to

issuance of a building permit for the structure.

14-410-08-B. The legal description and address of the parcel of land upon which the proposed tower is

to be situated.

14-410-08-C. A vicinity map, identifying the location of the property in relation to at least one

intersection of two streets shown as collector or arterial streets on the city’s Major Thoroughfare Plan.

14-410-08-D. A site plan showing:

1. the boundary of the property on which the facility is located;

2. the specific placement of the antenna support structure and all ancillary equipment on the site with

dimensioned setbacks from lot lines;

3. the location of existing structures on the site with dimensioned setbacks from lot lines;

4. all existing structures, lot lines and roadways within 185 feet of the site;

5. the type and height of the proposed tower;

6. proposed means of access; and

7. the location of existing trees, and other significant site features, the type and location of plant

materials fencing used to screen the facility, and any other proposed structures or improvements.

14-410-08-E. A visibility evaluation report including architectural renderings and/or photo

simulations of views of the tower from nearby properties and streets and architectural drawings of the

proposed tower and all associated facilities and equipment at the proposed location.

14-410-08-F. Documentation demonstrating the need for the proposed tower at the site selected and

indicating why design alternatives cannot be utilized to accomplish the criterion of Sec. 14-410-06.D.

14-410-08-G. A written statement attesting to the fact that the applicant made diligent efforts to obtain

permission to install or collocate the proposed telecommunications facility on existing towers or antenna

support structures located within a two-mile radius of the proposed tower site, but due to physical,

economic, or technological constraints, no such existing tower or antenna support structure is available or

feasible.

14-410-08-H. A written statement by the applicant assuring that the tower and telecommunications

facilities will comply with all standards established by the Electronic Industries Alliance and all

applicable federal, state and local laws and regulations.

14-410-08-I. If co-location is proposed, the applicant must provide a signed statement indicating that

the tower will accommodate co-location of additional antennas for future users and it is their intent to

share space on the tower.

14-410-08-J. If co-location is proposed, the applicant must provide written technical evidence from an

engineer of the proposed tower’s capability of supporting additional telecommunications facilities

comparable in weight, size, and surface area to the telecommunications facilities installed by the

applicant on the proposed tower.

14-410-08-K. Copies of any environmental documents required by any federal, state, or local agency, if

available. These must include the environmental assessment required by FCC Para. 1.1307, or, in the

event that a FCC environmental assessment is not required, a statement that describes the specific factors

that obviate the requirement for an environmental assessment.

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14-410-08-L. The city may require a qualified, independent third-party review (by a city-approved

consultant) to validate and review the technical information contained in the application submittals. The

cost of such review must be borne by the applicant.

14-410-09 MAINTENANCE AND INSPECTION

The owner or operator of a wireless communication facility is responsible for maintaining all buildings,

structures, supporting structures, wires, fences, and ground areas used in connection with the wireless

communication facility in a safe condition and in good working order, as required by city building, fire,

or any other applicable code or condition of a special use permit. Such maintenance includes, but is not

limited to, maintenance of the paint, landscaping, fencing, equipment enclosure, and structural integrity

of any support structure. If the city finds that the facility is not being properly maintained, the owner will

be notified of the problem. Failure by the owner to take corrective action within 30 days after being

notified constitutes a violation of this development ordinance and the city may initiate formal

enforcement proceedings to include civil remedies and revocation of any permits.

14-410-10 REMOVAL

A wireless communication facility not in use for 12 consecutive months must be removed by the service

facility owner. This removal must occur within 90 days of the end of such 12-month period. Upon

removal, the site must be restored to its previous appearance and, where appropriate, re-vegetated to

blend with the surrounding area.



AMENDMENT # 42

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14-411 ENTERTAINMENT OUTDOOR

14-411-01 GENERAL STANDARDS

14-411-01-A. SETBACK FROM RESIDENTIAL

No permit shall be granted for an entertainment, outdoor use unless the distance between the areas in

which outdoor event is located and the nearest property line used, or zoned for residential purposes, is

greater than 500 feet.

14-411-01-B. NOISE

In no case shall the noise generated by the operation of its patrons exceed 55dB (A) at any point along or

adjacent to a residential property line.

14-411-01-C. HOURS OF OPERATION

Hours of operation may be restricted to minimize the impact of the commercial use on adjoining

properties.

14-411-01-D. OUTDOOR SEATING/ACTIVITY AREAS

To protect neighboring property an increase of the land use buffer factor will be required for approved

outdoor seating/activity areas.

14-411-01-E. TRAFFIC CIRCULATION AND PARKING

Adequate off-street parking shall be provided to meet the needs of the outdoor entertainment. No on-

street parking shall be permitted in association with such activities. The use shall not cause undue traffic

congestion or accident potential given anticipated business and the design of adjacent streets, intersection

and traffic controls.

.


AMENDMENT # 42

4-34

14-412 WINERIES

14-412-01 INTENT

It is the intent of this section to permit the development and use of a winery with permitted accessory

uses, as part of a single site subject to the provisions of this section. The developed site must maintain an

agricultural environment, be harmonious with the character of the surrounding land uses, and shall not

create undue traffic congestion, noise, or other conflict with the surrounding properties.

14-412-02 GENERAL REQUIREMENTS

The following provisions are minimum requirements for the operation of a winery.

14-412-02-A. MINIMUM FACILITY SIZE AND PRODUCTION AREA - At least 10 acres under the applicant’s control

or ownership. Not less than 60% of the site included encompassed by the special use permit shall be used

for the active production of crops that can be used for wine production, such as fruit growing on vines.

All wine must be fermented from grapes grown on the premises.

14-412-02-B. REQUIRED PARKING – Paved off-street parking spaces shall be provided in accordance with

the table below. Paving specifications are provided in the City Public Works Manual.

Use Spaces required Surface material

Retail, wine tasting 1/200 SF Hard surfaced

Bed/breakfast 1/guestroom + 2 for

residence

Hard surfaced

Wine making area 1/non-resident Hard surfaced

Banquet facility As required by approved

permit

As required by approved

permit

Loading zones As required by approved

permit

Hard surfaced

14-412-02-C. BUFFERING

Screening and buffering will be required in accordance with the approved special use permit.

14-412-02-D. HOURS OF OPERATION

Hours of operation shall be limited to 8:00 am to 11:00 pm.

14-412-02-E. SIGNAGE

Signage shall be limited to one on-site monument sign not exceeding 32 square feet in area and one off-

premises monument sign not exceeding 10 square feet in area.

14-412-02-F. SANITARY AND HEALTH FACILITIES

Wineries and related facilities must meet all City and State Health Codes for all business operations.

14-412-02-G. LICENSING

Such facility must maintain all necessary licenses, bonds and permits as required by the Bureau of

Alcohol, Tobacco and Firearms, the State of Missouri, Jackson County, and the City of Independence.

14-412 WINERIES | 14-412-03 MINIMUM APPLICATION REQUIREMENTS


AMENDMENT # 42

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14-412-03 MINIMUM APPLICATION REQUIREMENTS

In addition to a complete application form, an applicant for a winery special use permit shall submit a

site plan and accompanying written information, which shall show, at minimum, the entire tract

proposed for the project and the existing development within 200 feet of the perimeter; existing drainage

and other significant natural features; proposed arrangement of buildings and their uses; off-street

parking and loading facilities; internal site circulation; ingress and egress from adjoining streets; existing

and proposed utilities; landscaping/screening, fences, and walls; size, location, orientation, and type of all

signs; proposed lighting of the premises; the amount of wine produced annually; and the characteristics

and quantity of the waste produced by the winery and how the waste will be managed.

14-412-04 PERMITTED ACCESSORY USES

The following uses and activities are permitted at a winery with the prior approval of a site plan by the

Planning Commission and City Council.

14-412-04-A. OWNER/CARETAKER RESIDENCE

14-412-04-B. WINE TASTING AREA

The area designated for wine tasting shall not exceed 20 percent of the total gross floor area of the

principal building used for processing of wine products at the winery.

14-412-04-C. FACILITY TOURS

Daily tours of the winery shall be permitted during normal business hours.

14-412-04-D. GIFT SHOP

Gift display area not to exceed a total of 500 square feet in interior footprint area for the retail sale of wine

and winery related promotional items, and gift items.

14-412-04-E. BED/BREAKFAST WITH AN ON-SITE CARETAKER RESIDENCE

Such facility is limited to six guestrooms.

14-412-04-F. CATER-ONLY BANQUETS AND EVENTS

Catered special events may be scheduled up to 24 times per year. For the purposes of this section, a

special event is one conducted at a winery on a single day for which attendance is allowed only by

invitation or reservation and whose participants do not exceed 150 persons. Special events include, but

are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and

other events. All catering must be done by a company approved and licensed by the City of

Independence.

.


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14-413 CAR WASHES

14-413-01 INTENT

These uses generally service motor vehicles and domestic equipment typically owned by residents in

the surrounding neighborhoods. However, car washes and related services have the potential to

generate undesirable conditions for neighboring properties including airborne mist, chemical odors,

vehicle exhaust, and noise from both vehicles and equipment. These impacts can be detrimental to

the quality of life for adjacent property owners. The purpose of this section is to establish standards

which allow for the typical range of activities for the business while mitigating the associated

impacts.

This section does not apply to temporary not-for-profit car wash activities typically used as fund

raising activities.

14-413-02 LOT AREA AND SETBACK REQUIREMENTS

All car washes shall meet the following lot area and setback requirements:

14-413-02-A. A coin-operated self-service car wash shall have a minimum lot area of 10,000 square

feet with a minimum of 100 feet of frontage along a collector or higher classification roadway.

14-413-02-B. A drive-through automatic car wash shall have a minimum lot area of 15,000 square

feet with a minimum of 120 feet of frontage along collector or higher classification roadway.

14-413-02-C. A conveyor automatic type car wash shall have a minimum lot area of 20,000 square

feet with a minimum of 150 feet of frontage along collector or higher classification roadway.

14-413-03 STACKING AND DRYING AREAS

A stack space is defined as an area where the car can wait before entering the car wash which shall

consist of at least 200 square feet, with a length of 20 feet and a width of ten feet. A dry-off space is

defined as an area where the car can be parked after leaving the car wash area so that the car can be

dried off which shall consist of at least 200 square feet, with a length of 20 feet, and a width of ten

feet.

14-413-03-A. A coin-operated self-service car wash shall have a minimum of three stack spaces per

bay not including the wash bay spaces; one dry-off space per bay in addition to the wash bay space,

and one parking space per employee.

14-413-03-B. The automatic drive-through car wash shall have a minimum of five stack spaces per

bay and two parking spaces for dry-off and one parking space for every employee during one shift,

when the maximum employees are employed.

14-413-03-C. The automatic conveyor type car wash shall have a minimum of ten stack spaces per

bay and three parking spaces for dry-off and one parking space for every employee employed during

one shift, when the maximum employees are employed.

14-413-04 DRAINAGE AND WASTE WATER DISPOSAL

Catch basins shall be provided at the curb cuts of all exits for drainage from cars leaving the car wash.

Waste water from car washing shall be emitted into the sanitary sewer after flowing through grease

and mud traps.

14-413 CAR WASHES | 14-413-05 OPERATIONS WITHIN A BUILDING, SETBACKS


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14-413-05 OPERATIONS WITHIN A BUILDING, SETBACKS

All washing facilities shall occur under a roofed area with at least two walls. Solid windows that do

not open, glass block, or other closed material may be used for the wall. The building shall not be

less than 100 feet from any residential district.

14-413-06 VACUUM STATIONS

All vacuum stations and bays shall meet the following requirements:

14-413-06-A. Vacuum stations and related equipment shall comply with the setbacks for the

principal structure.

14-413-06-B. Vacuum stations and related equipment are prohibited along any side of a building

facing a residential use or abuts or is across an alley from the site.

14-413-06-C. Vacuum stations and related equipment visible from a street shall be screened with

landscaping.

14-413-07 NOISE

The sound levels for car washes shall be in accordance with Article 7.10 Noise Control Regulations, as

amended.


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14-414 MINES AND QUARRIES


Quarries, mines, and sand and gravel pits, referred to herein as the operation, may be permitted as

authorized by a Special Use Permit, under the following conditions:

14-414-02 PROCEDURE

The applicant shall file a Special Use Permit application in conformance with the requirements of

Section 14-704. The application shall include, at a minimum, the following information in addition to

that required by Section 14-704:

14-414-02-A. PRESENT USES OF THE LAND TO BE INCLUDED IN THE REQUESTED PERMIT

14-414-02-B. LOCATION MAP PREPARED BY A REGISTERED PROFESSIONAL ENGINEER SHOWING:

1. The extent of the area to be excavated;

2. Boundaries of land to be affected by the operation, including the locations of (i) storage sites for

overburden, (ii) access and haulage roads, (iii) storage sites for equipment, and (iv) offices and

other structures to be used in conjunction with the operation;

3. Boundaries of adjoining lands owned by persons other than the applicant and the existing uses

of those lands;

4. Location of all watercourses, bodies of water, public rights-of-way, public buildings, public

recreation areas or other public property on or within 300 feet of the boundaries of the land to

be affected by the operation.

14-414-02-C. A DEVELOPMENT PLAN FOR THE AREAS TO BE AFFECTED BY THE OPERATION, PREPARED BY A

REGISTERED PROFESSIONAL ENGINEER SHALL INCLUDE THE FOLLOWING:

1. The nature and depth of various strata of overburden above and between mineral seams to be

excavated;

2. The location and quality of underground water known to be present on the line site;

3. The location of known aquifers and the estimated elevation of the water table;

4. The nature and thickness of minerals above the seam to be mined;

5. A transportation study demonstrating truck routing and proposing mitigation measures for off

site street damage and traffic impacts.

6. Existing topography within the boundaries of the project area

14-414-02-D. A detailed land reclamation plan of the area included within the permit, showing;

1. Proposed use or uses of the land following the operations;

2. Proposed topography of land following the operations (indicated by contour lines of not greater

interval than five feet);

3. Actions to be taken during the operation to conserve and replace topsoil removed during the

operation;

4. The effect of the operations and reclamation on surface and subsurface hydrology and drainage

patterns;

14-414 MINES AND QUARRIES | 14-414-03 MINIMUM SETBACKS


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5. The sedimentation and erosion control plan for operation including the type of vegetation to be

planted for soil stabilization purposes;

6. The proposed location of future roads, private or public rights-of-way, drainage courses and

other proposed improvements;

7. Reasonable assurance that the applicant will be capable of reclaiming the land in accordance

with the plan within one year after completion of the operations to be covered in the requested

permit; and

8. A discussion of how the proposed reclamation plan is consistent with the future potential uses

of land, according to the zoning and the city's Comprehensive Plan land use classification.

14-414-02-E. Such other information as the approval authority may require and which

examination of the application may reveal to be necessary in order to determine that the proposed

operation will comply with the requirements of this ordinance.

14-414-02-F. Proof of compliance with applicable federal and state regulations.

14-414-03 MINIMUM SETBACKS

14-414-03-A. Adjacent to residential districts. Mining, mineral extraction and quarry operations

shall be setback 200 feet from all property lines which are adjacent to residential zoning districts.

14-414-03-B. Adjacent to nonresidential districts. Mining, mineral extraction and quarry

operations shall be setback 200 feet from all property lines which are adjacent to nonresidential

zoning districts.

14-414-04 PERFORMANCE STANDARDS

14-414-04-A. DISPOSAL OF REFUSE AND WATER-CARRIED WASTES. The site plan shall show graphically

and in written detail the methods that will be employed to dispose of refuse and water waste.

14-414-04-B. NUISANCE MITIGATION The applicant shall state in writing and show graphically in the

site plan, as applicable, methods that will be employed to prevent obnoxious or offense odors, dust,

smoke, gas, noise or similar nuisance from being emitted beyond the property boundaries of the

mine, quarry or mineral extraction operation.

14-414-04-C. REQUIRED BUFFERYARDS A bufferyard, shall be installed as required by Sec. 14-503.

14-414-04-D. ACCESS, PARKING AND LOADING Access driveways and employee parking lots shall be

paved. Operation areas for heavy equipment and storage areas may be gravel. Access shall be

provided from highways or arterial streets and no primary access shall be permitted from local

streets abutting residential districts.

14-414-05 APPROVAL CRITERIA.

The approval authority shall review and consider approval of the application in conformance with

the review criteria in Section 14-704 and the following additional standards:

14-414-05-A. The use is temporary and restricted to the purpose of extracting minerals.

14-414-05-B. The land is appropriate for the purpose of extracting minerals.

14-414-05-C. The proposed location will offer reasonable protection to the neighborhood in which

the operation will occur against possible detrimental effects of the operations, taking into

14-414 MINES AND QUARRIES | 14-414-06 VALIDITY


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consideration the physical relationship of the proposed site to surrounding properties and permitted

land uses, access to the site from public roads, streets and other public rights-of-way that must be

traveled in removing minerals from the site, and the effect of the mining operations on the public

water supply.

14-414-06 VALIDITY

The quarry, mine, or sand and gravel pit may continue operation until the expiration of the permit as

approved by the City Council provided all the terms of the permit are met and the land use is

operated in a lawful manner.

14-414-07 PROHIBITED ACTIVITIES WITHIN THE REQUIRED SETBACK

14-414-07-A. Location, movement, or stockpiling of mineral and aggregate resources or the

disposal or storage of waste products within a required setback is prohibited.

14-414-07-B. Structures, exterior storage, and parking areas for trucks or equipment are not

allowed within the required setbacks.


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14-415 DETENTION AND CORRECTIONAL FACILITIES, OTHER

14-415-01 STANDARDS

Detention and correctional facilities, and recovery centers are subject to the following minimum

standards:

14-415-01-A. The property must have a minimum lot area of two acres.

14-415-01-B. No such facility may be located on property located within 1,000 feet of residential

zoning district or within 1,000 feet of any residential dwelling unit; school; library, museum, community

center; park; religious assembly; or day care use.

14-415-01-C. All outdoor recreation areas and all structures to be occupied by inmates must be set

back a minimum of 50 feet from all property lines.

14-415-01-D. The property on which the facility is to be located must provide a minimum lot area of

350 square feet per occupant.


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14-416 BODY ART SERVICE


14-416-01 STANDARDS

Body art services are subject to the following minimum standards.

14-416-01-A. As a conditional use, body art services may not locate within 500 feet of any residential

use or district, church, school, or public park. With Special Use Permit approval, a body art service

may locate less than 500 feet of any residential use or district, church, school, or public park. Such

Special Use Permit must be approved in accordance with Section 14-704.

Such measurement shall be made from the boundary of any property containing the proposed body

art service and the boundary of any property zoned residential or in use for a residential purpose, a

church, school, or public park.


14-416-01-B. No body art service establishment shall be issued a business license where it is

determined that the total number of such facilities will exceed a population density factor of one

such establishment per 15,000 residents based on the last decennial census. This shall not restrict

multiple artist from collocating in an establishment.

14-416-01-C. Body art services are subject to Chapter 11 of the City Code.


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14-417 COMMUNITY GARDEN



The standards of this section apply to community gardens.

14-417-02 SALES

Retail sales shall b e prohibited on the community garden site, except for the sale of produce grown in the

community garden.

14-417-03 STRUCTURES

Structures utilized for the storage of gardening materials shall be permitted. All structures shall be set

back a minimum of 5 feet from any interior side and rear property line. All structures shall be set back

from an exterior property line equal to the street setback for that zoning district. The combined area of all

structures shall not exceed 15% of the community garden site lot area.

14-417-04 STORAGE

All chemicals and fuels shall be stored in an enclosed, locked structure when the site is unattended.

14-417-05 RESIDE

Community garden group members shall not reside on the community garden site.

14-417-06 HOURS OF OPERATION

Hours of operation shall be restricted to between dawn to dusk. Community gardens shall adhere to the

noise standards of the Independence City Code.

14-417-07 PARKING

No parking shall be required for community gardens on lots located on streets where on-street parking is

permitted. For community gardens on lots located on streets where on-street parking is not permitted on

either side of the street, a minimum of 1 on-site parking space shall be provided for every 15,000 square

feet of lot area. All off-street parking areas shall comply with the construction specifications in the Public

Works Manual of the City Code.

14-417-08 SETBACKS

Cultivated areas shall not encroach onto adjacent properties. All cultivated areas shall be set back a

minimum of 3 feet from the property line.

14-417-09 SIGNS

One permanent sign shall be permitted. Such sign shall be limited to four (4) square feet in area per side

and not exceed four (4) feet in height.

14-417-10 RUN OFF

The site shall be designed and maintained so that chemicals and water will not drain onto adjacent

property.

14-417-11 COMPOSTING

Compost shall be permitted in appropriate composting containers. All containers shall be set back a

minimum of 5 feet from any interior side and rear property line.

14-417 COMMUNITY GARDEN | 14-417-12 FENCING


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14-417-12 FENCING

A fence may be constructed up to the property line. Fences shall consist of black vinyl-coated chainlink

and shall not exceed 4 feet in height.


AMENDMENT # 42

4-45

14-418 MOTOR VEHICLE REPAIR



The standards of this section apply to both limited and general motor vehicle repair services.

14-418-02 ACTIVITY

All activities must be conducted within a building or fully screened area. At minimum, screening shall

consist of a six foot high opaque fence constructed in accordance with Section 14-400-02.

14-418-03 OUTDOOR STORAGE

Outside storage is prohibited in exterior yards and confined to the rear and sides of the property behind

the front wall of the building. All storage areas must be screened by a six foot opaque fence constructed

in accordance with Section 14-400-02.

14-418-04 TOW SERVICE FOR CUSTOMER VEHICLES

A motor vehicle repair service may utilize a company tow vehicle as an accessory use in its business

operations. This vehicle may be used to tow customers’ vehicles to the business only and not used for

any other non-customer vehicle related functions. During non-business hours, the tow vehicle must be

stored or parked within a building.


AMENDMENT # 42

4-46

14-419 TOBACCO/CONVENIENCE STORE



The standards of this article apply to tobacco and convenience store, as defined by this ordinance.

14-419-02 SEPARATION AND NUMBER OF ESTABLISHMENTS PER CAPITA

14-419-02-A. As a conditional use, a tobacco/convenience store may not locate or expand any existing operation

within 500 feet of any residential use or district, church, school, or public park. With Special Use Permit

approval, a tobacco/convenience store may locate or expand less than 500 feet of any residential use or

district, church, school, or public park. Such Special Use Permit must be approved in accordance with

Section 14-704.

14-419-02-B. The distance between these uses will be measured in a straight line, without regard to

intervening structures or properties, from the closest exterior structural wall of each building or zoning

district.

14-419-02-C. No permit may be issued for a tobacco/convenience store where it is determined that the

total number of such facilities will exceed a population density factor of one such establishment per

15,000 residents based on the last decennial census.


AMENDMENT # 42

4-47

14-420 LODGING ESTABLISHMENT



The standards of this article apply to Short Term Rentals and Bed and Breakfasts.

14-420-02 BUSINESS AND OCCUPATION LICENSES

14-420-02-A. All Short Term Rentals and Bed and Breakfasts shall secure an occupation license in

accordance with Article 1, Chapter 5 of the City Code of Independence, Missouri. The occupation license

number shall be listed on all advertisements and online platforms.

14-420-02-B. All Short Term Rentals and Bed and Breakfasts shall comply with Article 3, Chapter 5 of

the City Code of Independence, Missouri.

14-420-03 PARKING

Off street parking shall be provided in accordance with Section 14-501-05. A credit of one space for every

eighteen feet of lot frontage may be applied to the off-street parking requirement.

14-420-04 REFUSE COLLECTION

All Short Term Rentals and Bed and Breakfasts shall secure refuse collection services from a collector who

is licensed to be operating within the City of Independence.

14-420-05 SAFETY

14-420-05-A. All Short Term Rentals and Bed and Breakfasts shall provide the following:

1. A map identifying escape routes shall be provided to each guest and posted in each guest room;

2. Carbon Monoxide detection as required by code;

3. Child-proofed electrical outlets;

4. Emergency contact information for the owner or manager shall be provided to each guest and

posted in each guest room;

5. Fire extinguishers as required by code;

6. Smoke detectors as required by code.

14-420-06 LIMIT ON SHORT TERM RENTALS OPERATED BY SINGLE OWNER

A single property owner shall be limited to operate no more than five separate short term rentals.

14-420-07 DENSITY LIMITATIONS

Short Term Rentals shall be limited to no more than one per eight residential structures on a block face in

residential districts. On block faces with fewer than eight residential structures, one short term rental

shall be permitted. A block face is defined as one side of a street, from one intersecting or intercepting

street to the next, excluding alleys. Residential structures are determined by the mailing address

assigned to each.

14-420 LODGING ESTABLISHMENT | 14-420-08 RENTAL INSPECTIONS REQUIRED


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14-420-08 RENTAL INSPECTIONS REQUIRED

14-420-08-A. Beginning July 1, 2020, all Short Term Rentals must obtain a Rental Ready inspection

prior to renewal of their annual business license.

14-420-08-B. A valid rental unit inspection shall be submitted to the City in the form and manner

prescribed by the City as part of the annual business license renewal process.

14-420-08-C. Any rental dwelling that has been inspected for any reason may submit that inspection

report provided the inspection is not older than 12 month.

14-420-09 REVIEW AND APPROVAL OF SHORT TERM RENTALS

14-420-09-A. The regulations of Section 14-420-06 apply to Short Term Rentals located inside a

residential zoning district.

14-420-09-B. Applications for Short Term Rentals must be made to the Department of Community

Development upon forms provided by the department. Applications shall include a name, phone

number and electronic mail address for the property owner and property manager, if applicable.

Applications shall also include the number of bedrooms to be used, as well as a total occupancy of the

Short Term Rental. The applicant must furnish the names and addresses of all property owners and

tenants within an area determined by lines drawn parallel to and 185 feet from the boundaries of the

parcel proposed for a Short Term Rental. The Community Development Department must notify these

property owners by mail of the required public hearing for the Short Term Rental application, as well as

the name, phone number and electronic mail address for the property owner and property manager, if

applicable. Notifications shall also include the number of bedrooms to be used, as well as a total

occupancy of the Short Term Rental fifteen (15) days prior to the public hearing.

14-420-09-C. After the submission of a Short Term Rental application, the application must be

reviewed by City officials to determine that all requirements of this section and other codes have been, or

can be met.

14-420-09-D. The applicant must post a sign on the property informing the general public that a public

hearing will be held at a specific time and place. The sign must be furnished to the applicant by the city.

However, posting on large acreage may require larger signs than those provided. In such case, signs must

be provided by the applicant as specified by the Community Development Director. The applicant must

make a good faith effort to maintain the sign for at least the 15 days immediately preceding the date of

the hearing, through the hearing, and through any continuances of the hearing. The sign must be placed

within 5 feet of the street right-of-way line in a central position on the property that is the subject of the

hearing. The sign must be readily visible to the public. If the property contains more than one street

frontage, one sign must be placed on each street frontage so as to face each of the streets abutting the

land. The sign may be removed at the conclusion of the public hearing(s) and must be removed at the end

of all proceedings on the application or upon withdrawal of the application. Failure to maintain such

posted notice shall not invalidate any action taken.

14-420-09-E. The Planning Commission must conduct a public hearing and review the Short Term

Rental application. The Planning Commission may establish specific requirements as to operation and

conduct of a Short Term Rental so as to assure that it will not have a disruptive effect on the

neighborhood. Those Short Term Rental applications that would, in the judgment of the Planning

Commission, create excessive noise, pedestrian or vehicular traffic, or any other condition that would

interfere with the safety and general welfare of the surrounding neighborhood, may not be approved.

The Short Term Rental application must be approved, approved with conditions, or denied by the

Planning Commission. Should the Planning Commission either deny, or approve a Short Term Rental

14-420 LODGING ESTABLISHMENT | 14-420-09 REVIEW AND APPROVAL OF SHORT TERM RENTALS


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application with conditions unsuitable to the applicant, the applicant may appeal the application to the

City Council, within five (5) business days, requesting that it consider and take final action on the

application.

14-420-09-F. If a legal protest petition against a Short Term Rental application is submitted and

validated before the action of the Planning Commission, any action of the Planning Commission will

constitute only a recommendation, with the final decision made by the City Council. In such case when a

legal protest has been filed, the Planning Commission may recommend approval, approval with

conditions, denial, or it may continue an application for further consideration. A protest against a Short

Term Rental application presented to the Planning Commission, duly signed and acknowledged by the

owners of 25% or more of the land within an area determined by lines drawn parallel and 185 feet from

the boundaries of the parcel proposed for the Short Term Rental, will constitute a legal protest. A legal

protest must be presented to the Planning Commission no later than twenty-four (24) hours before the

beginning of the meeting at which the proposed Short Term Rental application will be considered.

14-420-09-G. The City Council must consider and take final action on a Short Term Rental application

on an appeal from an action of the Planning Commission or when a valid legal protest petition was

submitted. The City Council must act on a resolution after reviewing the record of the proceedings from

the Planning Commission, and may approve, approve with conditions, deny, or remand such application

to the Planning Commission for further consideration. No additional public testimony before the City

Council will be accepted. A Short Term Rental application, which is the subject of a legal protest petition,

will become effective only by the favorable vote of 5 of all the members of the City Council.

14-420-09-H. After investigation and report of the Community Development Department of any Short

Term Rental that results in an undesirable condition interfering with the general welfare of the

surrounding residential area, said Short Term Rental may be terminated and the business license

therefore revoked by the City Council after a hearing before and recommendation of the Planning

Commission. A copy of the transcript of the hearing must be submitted to the City Council for its

deliberation before it votes on termination. The act of termination is not exclusive, and the city retains the

right to pursue municipal court action and other court proceedings to enforce this section.


14-421 MEDICAL MARIJUANA FACILITY | 14-421-01 APPLICABILITY


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14-421 MEDICAL MARIJUANA FACILITY



The standards of this article apply to Medical Marijuana Facilities.

14-421-02 BUFFER REQUIREMENTS

No Medical Marijuana Facility shall be located within one thousand (1,000) feet of any then existing

elementary or secondary school, day care, or church. In the case of a freestanding facility, the distance

between the facility and the school, day care, or church shall be measured from the external wall of the

facility structure closest in proximity to the school, day care, or church to the closest point of the property

line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such

as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day

care, or church closest in proximity to the facility. Measurements shall be made along the shortest path

between the demarcation points that can be lawfully traveled by foot.

14-421-03 STORAGE

All storage of medical marijuana materials, products, or equipment shall be in accordance with the rules

promulgated by the Missouri Department of Health and Senior Services.

14-421-04 ONSITE USAGE PROHIBITED

No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Medical Marijuana

Dispensary.

14-421-05 HOURS OF OPERATION

All Medical Marijuana Dispensaries shall be closed to the public, no persons not employed by the

business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises

or by delivery from the premises between the hours of 10:00 P.M. and 8:00 A.M.

14-421-06 DISPLAY OF LICENSES REQUIRED

The medical marijuana license issued by the State of Missouri shall be displayed in an open and

conspicuous place on the premises at all times in accordance with State of Missouri requirements.

14-421-07 RESIDENTIAL DWELLING UNITS PROHIBITED

No Medical Marijuana Dispensary shall be located in a building that contains a residence.

14-421-08 VENTILATION REQUIRED

All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of

marijuana from leaving the premises of the business. No odors shall be detectable by a person with a

normal sense of smell outside the boundary of the parcel on which the facility is located.

14-421-09 BUSINESS LICENSE

A medical marijuana facility shall be required to have a City business license as required in Chapter 5 of

the City Code.

14-421-10 CONFORMANCE WITH STATE OF MISSOURI RULES

All medical marijuana facilities shall be operated in accordance with the rules from the State of Missouri

Department of Health and Senior Services.

article 4 | use regulations

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