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2013 ZONING CODE

City of Smithville, Missouri

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TABLE OF CONTENTS

CHAPTER 400 – ZONING REGULATIONS

ARTICLE 1 GENERAL PROVISIONSDivision A – Title, Purpose and Intent

SECTIONS PAGE

SECTION 400.010: TITLE 6

SECTION 400.015: PURPOSE AND INTENT 6

SECTION 400.020: JURISDICTIONAL AREA 6SECTION 400.025: ESTABLISHMENT OF DISTRICTS 6SECTION 400.040: EXEMPTIONS 7SECTION 400.045: APPLICATION OF DISTRICT REGULATIONS 7SECTION 400.050: ANNEXED LAND 8

Division B. Rules, Construction and Interpretation

SECTION 400.060: RULES 8SECTION 400.065: INTERPRETATION 8SECTION 400.070: SEPARABILITY 9

Division C. Definitions

SECTION 400.075: DEFINITIONS 9

ARTICLE II DISTRICT REGULATIONSDivision A. Primary District Regulations

SECTION 400.090: A-1 AGRICULTURAL DISTRIC 17SECTION 400.095: A-R AGRICULTURAL-RESIDENTIAL DISTRICT 19SECTION 400.100: R-1A SINGLE-FAMILY SUBURBAN DWELLING DISTRICT 20SECTION 400.110: R-1B SINGLE-FAMILY DWELLING DISTRICT… 22SECTION 400.120: R-1D MOBILE OR MANUFACTURED DWELLING DISTRICT 23SECTION 400.130: R-2 TWO-FAMILY DWELLING DISTRICT 24SECTION 400.150: R-3 MULTIPLE-FAMILY DWELLING DISTRICT 25SECTION 400.155: B-1 NEIGHBORHOOD BUSINESS DISTRICT 27SECTION 400.160: B-2 NON-RETAIL BUSINESS DISTRICT 28SECTION 400.165: B-3 GENERAL BUSINESS DISTRICT 29SECTION 400.170: B-4 CENTRAL BUSINESS DISTRICT 30SECTION 400.180: I-1 LIGHT INDUSTRIAL DISTRICT 31SECTION 400.190: I-2 HEAVY INDUSTRIAL DISTRICT 32SECTION 400.191-219 ReservedSECTION 400.220: PLANNED DEVELOPMENT OVERLAY DISTRICT 33SECTION 400.230: FLOODPLAIN OVERLAY DISTRIC 35

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Division B. Supplementary District Regulations

SECTION 400.300: HEIGHT REGULATIONS 54SECTION 400.310: YARD REGULATIONS 55SECTION 400.320: REAR YARD COMPUTATION 56SECTION 400.325: NUMBER OF STRUCTURES AND USES ON A ZONING LOT 56 SECTION 400.330: SIGHT TRIANGLE 56SECTION 400.335: ACCESS TO BUSINESS AND INDUSTRIAL DISTRICTS 56SECTION 400.340: TEMPORARY USES PERMITTED 57SECTION 400.345: DETERMINATION OF BUILDING SETBACK LINE 57SECTION 400.350: FENCES 58SECTION 400.355: HOME OCCUPATIONS 59SECTION 400.360: RECREATIONAL VEHICLE PARKING AND STORAGE 61SECTION 400.370: ACCESSORY USES 61

ARTICLE III SITE DEVELOPMENT REGULATIONSDivision 1. Site Plan Review

SECTION 400.390: INTENT 63SECTION 400.395: APPLICABILITY 64SECTION 400.400: APPLICATION AND FEES 64SECTION 400.405: PROCEDURE 64SECTION 400.410: STANDARD OF REVIEW 65SECTION 400.415: SUBMISSION REQUIREMENTS 66SECTION 400.420: DEVELOPMENT STANDARDS IN "B-1"-3" DISTRICTS 68SECTION 400.421: DEVELOPMENT STANDARDS IN "B-4" DISTRICTS 75SECTION 400.425: DEVELOPMENT STANDARDS IN "I-1" AND "I-2" 76SECTION 400.430: LIGHTING STANDARDS 81SECTION 400.435: LANDSCAPING AND BUFFERING REQUIREMENTS 86SECTION 400.440: MISCELLANEOUS DESIGN STANDARDS 90

Division 2. Off-Street Parking

SECTION 400.450: APPLICABILITY 91SECTION 400.455: GENERAL PROVISIONS 92SECTION 400.460: LAYOUT AND DESIGN REQUIREMENTS 92SECTION 400.465: PLANS AND APPROVAL REQUIRED 93SECTION 400.470: REQUIRED SPACES 93SECTION 400.475: CONDITIONAL USE 96SECTION 400.480: LOADING AND UNLOADING REGULATIONS 97

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Division 3. Signs

SECTION 400.485: TITLE, SCOPE AND ENFORCEMENT 100SECTION 400.490: DEFINITIONS 101

SECTION 400.500: PROHIBITED SIGNS 103SECTION 400.505: TEMPORARY SIGNS 104SECTION 400.510: PERMANENT SIGNS 106SECTION 400.515: DESIGN AND CONSTRUCTION 106SECTION 400.520: SIGNS PERMITTED PER ZONING DISTRICT LOT 107SECTION 400.525: ELECTRONIC, LED OR DIGITAL SIGNS 109SECTION 400.530: ILLUMINATION OF SIGNS 110SECTION 400.535: MAINTENANCE 110SECTION 400.540: EXEMPTIONS 110

ARTICLE IV AMENDMENTS, APPEALS AND VARIANCESDivision 1 Amendments and Conditional Use Permits

SECTION 400.550: GENERAL PROVISIONS 112SECTION 400.555: HEARINGS 112SECTION 400.560: ACTION BY THE PLANNING COMMISSION 113SECTION 400.565: ACTION BY THE GOVERNING BODY 114SECTION 400.570: CONDITIONAL USE PERMITS 115

Division 2 Non-Conformities

SECTION 400.575: NON-CONFORMITIES 131SECTION 400.580: STATUS OF CONDITIONAL USES 134SECTION 400.585: CERTIFICATE OF OCCUPANCY 134

ARTICLE V ADMINISTRATION, BOARDS AND COMMISSIONSDivision 1. Administration of Zoning Code

SECTION 400.600: ZONING ADMINISTRATOR 135SECTION 400.605: ZONING AND OCCUPANCY CERTIFICATE 136SECTION 400.610: VIOLATION AND PENALTY 137

Division 2. Zoning Board of Adjustment

SECTION 400.625: BOARD OF ADJUSTMENT 138SECTION 400.630: APPEALS 140SECTION 400.635: VARIANCES 141

Division 3. Planning Commission

SECTION 400.650: PLANNING COMMISSION 143SECTION 400.655: STATUTORY PROVISIONSSECTION 144

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ARTICLE 1 GENERAL PROVISIONSDivision A – Title, Purpose and Intent

SECTION 400.010: TITLEThese regulations, including the zoning district maps made a part hereof, shall be known, and may be cited and referred to as the Smithville Zoning Ordinance.

SECTION 400.015: PURPOSE AND INTENT

This zoning ordinance, adopted pursuant to the provisions of Chapter 89 of the Missouri State Statutes, is intended to serve the following purposes:

1. To promote the health, safety, morals, comfort and general welfare of the city; and

2. To preserve and protect property values throughout the city; and

3. To restrict and regulate the height, number of stories, and size of buildings; the percentage of lot coverage; the size of yards, courts, and other open spaces; and the density of population; and

4. To divide the city into zones and districts; and

5. To regulate and restrict the location and use of buildings and land within each district or zone; and

6. To regulate and restrict the use of land located in areas designated as flood plains.

SECTION 400.020: JURISDICTIONAL AREA

The provisions of these regulations shall apply to all structures and land in the incorporated area of Smithville, Missouri.

SECTION 400.025: ESTABLISHMENT OF DISTRICTS

The jurisdictional area is hereby divided into thirteen zoning districts and two overlay districts, which are designated as follows:

"A-1" Agricultural District“A-R” Agricultural-Residential District"R-1A" Single-Family Suburban Dwelling District"R-1B" Single-Family Dwelling District"R-1D" Mobile or Manufactured Dwelling District"R-2" Two-Family Dwelling District"R-3" Multiple-Family Dwelling District"B-1" Neighborhood Business District"B-2" Non-Retail Business District"B-3" General Business District

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"B-4" Central Business District"I-1" Light Industrial District"I-2" Heavy Industrial District “P” - Planned Development Overlay District“FP” Floodplain Overlay District

SECTION 400.040: EXEMPTIONS

The following structures and uses shall be exempt from the provisions of these regulations:

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including substations located on or above the surface of the ground.

Railroad track, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

Public elementary and secondary schools are exempt from the provisions concerning the location of lots or parcels within any zoning district for such uses, but all yard regulations, and any other regulation concerning public health or safety shall specifically apply to such uses.

Houses of worship associated with any church are exempt from the provisions concerning the location of lots or parcels within any zoning district for such uses, but all yard regulations, and any other regulation concerning public health or safety shall specifically apply to such uses. Any accessory use of a house of worship, including, but not limited to gymnasiums, athletic fields, residential facilities, and any potential commercial use (such as bookstores coffee shops and daycares) are not exempt from these regulations and must obtain all permits and approvals prior to such use.

SECTION 400.045: APPLICATION OF DISTRICT REGULATIONS

The following general requirements shall apply to all zoning districts:

1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the use regulations herein specified for the district in which it is located.

2. No building or structure shall hereafter be erected or altered:

A. to exceed height and bulk regulations.

B. to occupy a greater percentage of lot area than permitted.

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C. to have a narrower or smaller front, rear, and side yard or other open spaces than required in the zoning district regulations.

SECTION 400.050: ANNEXED LAND

Zoning shall be established for all land which may hereafter by annexed to the City of Smithville by the same statutory procedure required for the original adoption of zoning regulations.

When applying for annexation, the applicant must provide the proper documentation together with a deposit of one hundred fifty dollars ($150.00) submitted to the office of the Zoning Administrator. The deposit shall be applied to the Application Review Fee which shall be in an amount to reimburse the City for the costs of public notice, certified letters, plat of legal description, map reprinting, and engineering and legal expenses incurred in receiving and approving the applicant’s request. (Ord. No. 2327, 11-16–04)

Division B. Rules, Construction and Interpretation

SECTION 400.060: RULES

1. In the construction of these regulations, the provisions and rules of this Section shall be preserved and applied, except when the context clearly requires otherwise:

A. Words used in the present tense shall include the future.B. Words in the singular number include the plural number, and words in the plural number

include the singular number.C. The phrase "use for" shall include the phrases "arranged for", "designed for", "intended

for", "maintained for", and "occupied for."D. The word "shall" is mandatory.E. The word "may" is permissive.F. The word "person" includes individuals, firms, corporations, associations, governmental

bodies and agencies, and all other legal entities.G. The word "Board" means the Board of Adjustment.H. Unless otherwise specified, all distances shall be measured horizontally.I. The word "City" means City of Smithville, Missouri.J. The abbreviation N/A means not applicable.

2. Any word or phrase which is defined in this Article or elsewhere in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.

SECTION 400.065: INTERPRETATION

1. Minimum Requirements : In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

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2. Overlapping or Contradictory Regulations : Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restric-tive shall govern.

3. Private Agreements : These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided, however, that where the provisions of these regulations are more restrictive (or impose higher standards of requirements) than such easements, covenants or other private agreements or legal relationships, the provisions of these regulations shall govern.

4. Unlawful Uses : No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder.

SECTION 400.070. SEPARABILITY

It is hereby declared to be the intention of the City that the several provisions of these regulations are separable, in accordance with the following rules:

1. If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.

2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.

Division C. Definitions

SECTION 400.075. DEFINITIONS

For the purpose of this Zoning Regulation, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

1. Accessory Building. A subordinate building which serves a function customarily incidental to that of the main building. Customary accessory buildings include garages, carports, and small storage sheds.

2. Accessory Use. A subordinate use which serves an incidental function to that of the main use of the premises. Customary accessory uses include tennis courts, swimming pools, air conditioners, barbecue ovens, and fireplaces.

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3. Agricultural Use. The use of a tract of land for the growing of crops, pasturage, nursery, or the raising of poultry, including the structures necessary for carrying out farming operations and the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots.

4. Alley. A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.

5. Alteration. Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another shall be considered as an alteration.

6. Basement. That portion of a building having more than one-half of its height below grade.

7. Board of Adjustment. That Board which has been created by the Governing Body having jurisdiction and which has the statutory authority to hear and determine appeals, exceptions and variances to the zoning regulations.

8. Building. Any structure designed or intended for the enclosure, shelter or protection of persons, animals or property.

9. Building Height. The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip, or gambrel roof.

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10. Common Open Space. An area of land or water or combination thereof planned for passive or active recreation, which does not include areas utilized for streets, alleys, driveways, private roads, off-street parking or loading areas. However, the area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.

11. Display of Merchandise for Sale to the Public . Outdoor storage of goods, equipment, property, etc., in a visually pleasing manner, for retail purchase by the general public , excluding the outdoor storage of repair parts, and supplies, assembly items, and/or items primarily used for contracted services, repairs and/or installations. (Ord. No. 1615, 5-4-95)

12. District. A section or sections of the zoning area for which these regulations governing the use of land, the height of buildings, the size of yards and the intensity of use are uniform.

13. Dog. Any canine species over 12 months of age.

14. Dwelling. A building or portion thereof, not including mobile homes, which is designed and used exclusively for residential purposes.

15. Dwelling, Single-Family. A residential building having accommodations for and occupied exclusively by one family.

16. Dwelling, Two-Family. A residential building having accommodations for and occupied exclusively by two families independently.

17. Dwelling, Multiple. A residential building having accommodations for and occupied exclusively by more than two families, independently.

18. Dwelling, Elderly. A residential building having accommodations for and occupied exclusively by residents who are at least 62 years old.

19. Family. One or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than four unrelated persons living together as a single housekeeping unit; plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house, hotel, motel or commune.

20. Floor Area. For computing off-street parking requirements, shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include the following areas:A. The area of each floor of the structure.

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B. The attic space having headroom of 7'10" or more.

21. Frontage. The length of the property abutting on one side of a street measured along the dividing line between the property and the street right-of-way.

22. Gasoline Service Station. A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; self-service pumps without buildings shall also be included, such service shall not include tire recapping, body repairs, or major overhaul.

23. Gas Pressure Control Station. A facility commonly known as a "Town Border Station." This term shall not include isolated regulator valves.

24. Governing Body. The Mayor and City Council of Smithville, Missouri.

25. Home Occupation. A business, profession, service or trade conducted for gain or support entirely within a residential building.

26. Hotel. A building or portion thereof, or a group of buildings, used as a transient abiding place which may or may not serve meals and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, or other similar designation.

27. Kennel-Boarding. Any place, area, building, or structure where dogs (including those under one (1) year of age) are boarded, housed, cared for, fed, or trained by other than the owner, but does not include any such activities performed in conjunction with a Licensed Veterinarian’s principal office.

28. Kennel-Breeding. Any place, area, building, or structure where more than four dogs are kept for purposes of breeding, raising, or as pets.

29. Lot, Corner. A lot abutting upon two or more streets at their intersection.

30. Lot, Depth of. The mean horizontal distance between the front and the rear lot lines.

31. Lot, Double Frontage. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

32. Lot of Record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or an unplatted lot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds prior to the original adoption of subdivision regulations by the City.

33. Lot, Zoning. A parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

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34. Machine Shop. A work shop, including tool and die shops, that turns, shapes, planes, mills or otherwise reduces or finishes by machine-operated tools.

35. Medical Clinic. Any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings; including, but not limited to doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include an apothecary.

36. Mobile or Manufactured Home . A factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, contains three hundred twenty or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner. (Ord. No. 1851, 3-16-99)

37. Modular unit . a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential purposes. This definition shall not apply to structures under six hundred fifty square feet used temporarily and exclusively for construction site office purposes. (Ord. No. 1851, 3-16-99)

38. Mobile Home Park. Any area, piece, parcel, tract or plot of ground equipped as required for support of mobile homes and used or intended to be used by one or more occupied mobile homes, but under no circumstances shall the mobile home spaces be sold or offered for sale individually. The term mobile home park does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection, or sale.

39. Mobile Home Space. A plot of ground within a mobile home park which can accommodate one mobile home and which provides the necessary utility services for water, sewerage, and electricity.

40. Mobile Home Subdivision. Any area, piece, parcel, tract, or plot of ground used or intended to be used for the purpose of selling lots for occupancy by mobile homes.

41. Nursing Homes or Convalescent Homes. An institution or agency licensed by the State for the reception, board, care, or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.

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42. Outdoor Storage. The keeping of goods, equipment, property, etc., business related or otherwise, not completely enclosed in a building. (Ord. No. 1615, 5-4-95)

43. Planning Commission. The Smithville Planning Commission.

44. Private Club. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private club are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws.

45. Restaurant. A public eating establishment at which the primary function is the preparation and serving of food.

46. Restaurant, Drive-In. An establishment whose primary purpose is the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves, except that this shall not be construed as to include what is commonly called a cafeteria.

47. Salvage Yard An area of land with or without building, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as waste-paper, rags or scrap material; or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A salvage yard shall also include the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two (2) or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power or from which parts have been removed for reuse or sale shall be considered a salvage yard. (Ord. 1983-01, 2-26-01)

48. Sign. Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business, but shall not include any display of official notice or official flag.

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49. Sight Triangle. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2-1/2 feet and 8 feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90-foot distance shall be increased to 120 feet.

SIGHT TRIANGLEMinimum Standard

Residential & Collector Streets

50. Storage Screening. A solid or semi-solid fence or wall or trees or shrubs at least six feet, but not more than eight feet high (maximum height excluded for trees and shrubs) and having a density of not less than eighty (80) percent per square foot. (Ord. No. 1615, 5-4-95)

51. Street, public: A right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.

52. Street Line. A dividing line between a lot, tract, or parcel of land and the contiguous street.53. Street Network.

A. Expressway. A street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

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B. Arterial. A street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits, and curb uses.

C. Collector. A street which provides for traffic movement between arterials and local streets, with direct access to abutting property.

D. Local. A street which provides direct access to abutting land and local traffic movement whether in business, industrial, or residential areas.

54. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a perm anent location on the ground, but not including fences or public items such as utility poles, street light fixtures, and street signs.

55. Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:

A. Attachment of a new front where structural supports are not changed.

B. Addition of fire escape where structural supports are not changed.C. New windows where lintels and support walls are not materially changed.

D. Repair or replacement of non-structural members.

56. Tavern. An establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments, commonly known as cocktail lounges and night clubs.

57. Yard. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.

58. Yard, Front. A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the building setback line. (See Diagram)

59. Yard, Rear. A yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line. (See Diagram)

60. Yard, Side. A yard extending from the front yard, or front lot line where no front yard is required, to the rear yard. (See Diagram)

61. Zone or District. A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land, and open space are herein established.

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62. Zoning Administrator. The person or persons authorized and empowered by the Governing Body having jurisdiction to administer the requirements of these zoning regulations.

63. Zoning Area. The area to be zoned as set out on the official Zoning Map filed of record.

64. Zoning Regulations. The term zoning regulations or this or these regulations shall mean the requirement stipulated in the regulations herewith attached.

65. Display of Merchandise for Sale to the Public . Outdoor storage of goods, equipment, property, etc., in a visually pleasing manner, for retail purchase by the general public, excluding the outdoor storage of repair parts, and supplies, assembly items, and/or items primarily used for contracted services, repairs and/or installations. (Ord. No. 1615, 5-4-95)

66. Outdoor Storage. The keeping of goods, equipment, property, etc., business related or otherwise, not completely enclosed in a building. (Ord. No. 1615, 5-4-95)

67. Storage Screening. A solid or semi-solid fence or wall or trees or shrubs at least six feet, but not more than eight feet high (maximum height excluded for trees and shrubs) and having a density of not less than eighty (80) percent per square foot. (Ord. No. 1615, 5-4-95)

ARTICLE II DISTRICT REGULATIONSDivision 1. Primary District Regulations

SECTION 400.090: “A-1 AGRICULTURAL DISTRICT

USE REGULATIONSA. Intent. It is the intent of this district to preserve and protect agricultural resources. The district is not intended to serve the homeowner who lives on a small suburban lot, but is designed to accommodate agricultural operations on substantial acreages. Uses that might have nuisance characteristics, if intermingled in developed residential areas, are permitted on the premise that they are no more offensive than normal agricultural uses. In A-1 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses. The following uses shall be permitted in A-1 districts:

1. Agricultural operations, including, livestock farms; apiary farms; chicken and poultry farms; dairies and dairy farms; nursery and forestry farms; grain, hay, fiber, fruit, nut, and vegetable farms; vineyards and wineries; pastures for grassland and livestock grazing. Nothing contained herein should be construed to authorize the use of land for Confined Animal Feeding Operations as defined by the State of Missouri or at a density that generates animal waste in an amount that requires waste containment structures to comply with any state regulation.

2. Single-family dwellings.3. Public parks, playgrounds, tot lots or play lots.4. In-home daycares with 5 or fewer children.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.

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6. Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:

1. Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.

2. Residential uses, including beds and breakfast; childcare centers for more than five (5) children.

3. Religious, educational and social facilities, including museums; charities; houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education.

4. Public health and safety facilities, including armed forces installations, armories, clinics, firehouses, health centers, hospitals and police stations.

5. Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.

6. Other service uses including cemeteries, pet cemeteries, funeral houses; sawmills and planing mills; storage units for indoor storage rental.D. Density regulations.

1. Minimum lot area is 10 acres.2. Minimum lot width is three hundred (300) feet.

E. Height regulations. The Maximum structure height is thirty-five (35) feet for dwellings; farm structures have

no height limitations.F. Yard regulations.

1. Front Yard Area:a. The front yard area shall be in accordance with the following road

classifications: i. Local: Fifty-five (55) feet measured from the centerline of the street.ii. Collector: Sixty (60) feet measured from the centerline of the street.iii. Arterial: Seventy (70) feet measured from the centerline of the street.iv. Arterial with more than three traffic lanes: Thirty (30) feet measured

from the edge of the right-of-way.b. Where lots have a double frontage, the required front yard shall be provided on

each street.c. Corner lots shall maintain a front yard setback along both abutting streets.

However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in 1. above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.

d. The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.

2. Side Yard Area: The side yard area shall be not less than Ten (10) feet.

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3. Rear Yard Area: The rear yard area shall be not less than Twenty (20) feet.

SECTION 400.095: “A-R AGRICULTURAL-RESIDENTIAL DISTRICT

USE REGULATIONSA. Intent. The intent of the A-R district is to permit a combination of rural residential living with animal husbandry as defined in this section. In A-R districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses. The following uses shall be permitted in A-R districts:

1. Pastures for grassland and livestock grazing.2. Single-family dwellings.3. Animal Husbandry in conjunction with a single-family dwelling and with the

following limitations:a. Animal husbandry in conjunction with a dwelling shall include the

maintenance of no more than the following number of animals per acre: one horse or one cow; or five hogs; or seven sheep; or one hundred poultry, rabbits, chinchillas, guinea pigs, or pigeons. For purposes of this calculation, only the acreage above and beyond one acre for any residence shall be included.

b. The slaughter of animals, such as poultry, rabbits, or beef cattle is permitted only where intended for consumption by the resident family or to be gifted.

c. Animals other than household pets shall not be kept within a residence, or within one hundred (100) feet of a residence or within sixty (60) feet of the front property line of the building site.

d. Housing or caging of animals shall be adequate and sanitary, and subject to all State health requirements for health and sanitation. All animal food except for hay and straw shall be stored in rodent-proof containers.

Should any A-R property rezoned to another use where animal husbandry is not a permitted use, any such use therein shall cease within one year from the effective date of the rezoning.

4. Public parks, playgrounds, tot lots or play lots.5. In-home daycares with five (5) or fewer children.6. Signs, as provided in Sections 400.470 – 400.520 of this Code.7. Accessory uses customarily incidental to permitted uses and otherwise conforming to

the provisions contained in Section 400.370.C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:

1. Recreational and entertainment uses, including athletic fields, campgrounds, golf courses and driving ranges, riding stables, and zoos.

2. Residential uses, including beds and breakfast; in-home daycare/childcare centers for not more than 10 children.

3. Religious, educational and social facilities, including museums; charities; accessory buildings associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocational and higher education.

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4. Public health and safety facilities, including armed forces installations, armories, clinics, firehouses, health centers, hospitals and police stations.

5. Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.

6. Other service uses including cemeteries, pet cemeteries, funeral houses;D. Density regulations.

1. The minimum lot area shall be not less than two (2) acres, if public sanitary sewer services are available to serve the lot, otherwise, three (3) acres.

2. The minimum lot width shall be not less than two hundred (200) feet.E. Height regulations.

The maximum height for any structure is thirty-five (35) feet.F. Yard regulations.


classifications: i. Local: Fifty-five (55) feet measured from the centerline of the

street.ii. Collector: Sixty (60) feet measured from the centerline of the

street.iii. Arterial: Seventy (70) feet measured from the centerline of the

street.iv. Arterial with more than three traffic lanes: Thirty (30) feet

measured from the edge of the right-of-way.b. Where lots have a double frontage, the required front yard shall be provided on




2. Side Yard Area: The side yard area shall be not less than Ten (10) feet.3. Rear Yard Area: The rear yard area shall be not less than Twenty (20) feet.

SECTION 400.100: R-1A SINGLE-FAMILY SUBURBAN DWELLING DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide for areas of single-family suburban residential development at a low density. In R-1A districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.

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B. Permitted uses. The following uses shall be permitted in the R-1A district:1. Detached, single family dwellings.2. Fire and Police Protection and related activities.3. Historic sites and monuments.4. Parks, Playgrounds, Primary and Secondary Schools.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to


1. Cemeteries and Mausoleums.2. Museums, Libraries, accessory buildings associated with religious worship facilities,

in home daycare/childcare centers with not more than ten (10) children.3. Athletic fields, golf courses, tennis, handball, squash and basketball courts.

D. Density regulations.1. The minimum lot area shall be ten thousand (10,000) square feet.2. The minimum lot width shall be one hundred (100) feet.3. The maximum lot coverage shall be thirty percent (30%) of the total lot area.4. Single family dwellings shall have a minimum of one thousand one hundred (1,100)

square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.E. Height regulations. The maximum structure height shall be thirty-five (35) feet.F. Yard regulations.










2. Side Yard Area: The side yard area shall be not less than seven and one-half (7.5) feet.

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SECTION 400.110: R-1B SINGLE-FAMILY DWELLING DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide for areas of single-family suburban residential development at a moderate density. In R-1B districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Detached, single family dwellings.2. Fire and Police Protection and related activities.3. Historic sites and monuments.4. Parks, Playgrounds, Primary and Secondary Schools.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to


1. Cemeteries and Mausoleums.2. Museums, Libraries, accessory buildings associated with religious worship facilities.3. Athletic fields, golf courses, tennis, handball, squash and basketball courts.

D. Density regulations.1. The minimum lot area shall be seven thousand five hundred (7,500) square feet.2. The minimum lot width shall be seventy five (75) feet.3. The maximum lot coverage shall be thirty percent (30%) of the total lot area.4. Single family dwellings shall have a minimum of one thousand one hundred (1,100)

square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.E. Height regulations. The maximum height shall be thirty five (35) feet.F. Yard regulations.








However, in those instances where lots front on only one (1) of the intersecting streets within the

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same block, the corner lot shall maintain a front yard setback as set out in 1. above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.




SECTION 400.120: R-1D MOBILE OR MANUFACTURED DWELLING DISTRICTUSE REGULATIONSA. Intent. The intent of this district is to provide low to moderate density developments for mobile and manufactured dwelling units which are compatible with the character of the surrounding neighborhood in which they are located. In R-1D districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses. 1. Mobile or Manufactured homes.

2. Fire and Police Protection and related activities.3. Historic sites and monuments.4. Parks, Playgrounds, Primary and Secondary Schools.

5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370..C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:


daycares with less than ten (10) children.3. Athletic fields, golf courses, tennis, handball, squash and basketball courts.

D. Density regulations.1. The minimum lot area shall be seven thousand five hundred (7,500) square feet,

included within a zoning district of ten (10) acres or more.2. The minimum lot width shall be seventy five (75) feet.3. The maximum lot coverage shall be thirty percent (30%) of the total lot area.

E. Height regulations. The maximum building height shall be thirty five (35) feet.F. Yard regulations.


classifications: i. Local: Fifty-five (55) feet measured from the centerline of the street.ii. Collector: Sixty (60) feet measured from the centerline of the street.iii. Arterial: Seventy (70) feet measured from the centerline of the street.

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iv. Arterial with more than three traffic lanes: Thirty (30) feet measured from the edge of the right-of-way.

b. Where lots have a double frontage, the required front yard shall be provided on each street.

c. Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in 1. above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.




SECTION 400.130: R-2 TWO-FAMILY DWELLING DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide for areas of single-family and two-family development and related residential activities at a moderate density. In R-2A districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.

B. Permitted uses. 1. Detached single family and attached two family dwellings.2. Fire and Police Protection and related activities.3. Historic sites and monuments.4. Parks, Playgrounds, Primary and Secondary Schools, daycares with less than ten (10)

children.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to

the provisions contained in Section 400.370..C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:


daycares with ten (10) or more children.3. Amphitheaters, athletic fields, golf courses, tennis, handball, squash and basketball

courts.

D. Density regulations.1. The minimum lot area shall be seven thousand five hundred (7,500) square feet if the

building constructed is for single family; three thousand seven hundred fifty (3,750) square feet for each unit in a two family dwelling.

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2. The minimum lot width shall be seventy five (75) feet if the building constructed is for single family; thirty seven and one-half (37.5) feet on each side of the common boundary line on lots with a two-family dwelling.

3. The maximum lot coverage shall be thirty percent (30%) of the total lot area.E. Height regulations. The maximum building height shall be thirty-five (35) feet.F. Yard regulations.









d. The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than seven and one-half (7.5) feet.


3. Rear Yard Area: The rear yard area shall be not less than Twenty (20) feet.4. All existing R-2 district lots may be subdivided along the common boundary of the

lot(s) so platted by the Lot Line adjustment process contained in Section 425,295; and all lots rezoned to this district shall be created to allow separate ownership of each unit on such lot.

SECTION 400.150: R-3 MULTIPLE-FAMILY DWELLING DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide for areas of multiple-family or apartment development which is at a higher density, as well as single and two-family dwellings at a higher density. In R-3 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Single, two and multi-family dwellings.2. Fire and Police Protection and related activities.

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3. Historic sites and monuments.4. Parks, Playgrounds, Primary and Secondary Schools.5. Retirement, convalescent, nursing and rest homes; convents, monasteries, orphanages,

dormitories, fraternity and sorority houses; boarding and rooming houses.6. Signs, as provided in Sections 400.470 – 400.520 of this Code.7. Accessory uses customarily incidental to permitted uses and otherwise conforming to


1. Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.

2. Religious, educational and social facilities, including museums; charities; accessory uses associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education, daycares with more than five (5) children.

3. Public health and safety facilities, including, clinics, health centers, hospitals and counseling, treatment and correctional centers.

5. Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.D. Density regulations.

1. The minimum lot area shall be not less than five thousand (5,000) square feet for a single-family detached dwelling; two thousand five hundred (2,500) square feet for each one-half of a two-family dwelling or each single family attached dwelling; one thousand (1,000) square feet for each dwelling unit in multifamily dwellings. Other uses shall have not less than ten thousand (10,000) square feet of lot area.

2. The minimum lot width shall be fifty (50) feet.3. The maximum lot coverage area shall be thirty percent (30%).4. The minimum floor area for single-family attached and detached dwellings shall be

eleven hundred (1,100) square feet and nine hundred (900) square feet for each dwelling unit in multifamily dwellings.E. Height regulations. The maximum structure height shall be five (5) stories.F. Yard regulations.






measured from the edge of the right-of-way.

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b. Where lots have a double frontage, the required front yard shall be provided on each street.

c. Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in 1. above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.



3. Rear Yard Area: The rear yard area shall be not less than Twenty (20) feet.4. All Single-family attached dwelling units so created shall be subdivided so that each

unit may be sold separately without further subdivision and shall include pro-rata yard areas in accordance with this section, unless such individual units are to be sold as a part of a maintenance provided complex, and then only if such common areas are to be perpetually maintained by an association or the developer.

SECTION 400.155: B-1 NEIGHBORHOOD BUSINESS DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide mixed-use commercial districts for convenience shopping facilities, office uses, and multi-facility residential in and near residential neighborhoods. Such mixed-use developments will often occupy a small area, frequently at an intersection or on a major street, in an area that is otherwise wholly residential. In B-1 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Art studios and galleries; Bed and breakfast establishments; Club Houses for non- or for-profit organizations; Limited repairs services, such as jewelry, small appliance, and business machine repair shops; personal service establishments such as barber and beauty shops, shoe repair, tailor shops, dance, music and drama schools, dry cleaning pick-up stations and self-service laundry facilities; Restaurants, bakeries, coffee shops, cafes, delicatessens, ice cream parlors, and catering services. Food service establishments may serve alcoholic beverages as an incidental and accessory use only; Retail businesses, such as food and grocery stores, drugstores, apparel shops, variety stores, hardware stores, antique shops, florists, or book shops.

2. Commercial picnic groves, campgrounds, or fishing lakes, including concessions; Health and athletic clubs, tanning salons, racquet and sports clubs, and commercial swimming pools; Nurseries, garden shops, and greenhouses.

3. Museums, libraries, community buildings,4. Parking lots servicing adjacent uses only.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to

the provisions contained in Section 400.370..

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C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:

1. Bars, Brew Pubs, Taverns and other drinking establishments.2. Drive-up services and vehicle fueling and service stations, subject to both the site plan

review process, and the following additional performance standards:a. No merchandise or equipment which is displayed outside of a building shall be

kept outside beyond the hours of operation of such business, kept off the public sidewalk or street right-of-way, not reduce the capacity of a parking lot beyond the minimum(s) required by this ordinance, and not exceed an area greater than 20% of the ground floor area of the building.

b. Not more than two separate pumping stations for fuel stations shall be installed on such property and in no event shall any such pumping station be within 100 feet of any building used in whole or part for residential purposes.D. Density regulations.

1. The minimum lot area is forty thousand (40,000) square feet.2. The minimum lot width shall be three hundred (300) feet.3. The maximum lot coverage area shall be fifty percent (50%) of the total lot area.

E. Height regulations. The maximum structure height shall be thirty-five (35) feet.F. Yard regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the Site Plan Review regulations contained in Sections 400.640-690 of this code.

SECTION 400.160: B-2 NON-RETAIL BUSINESS DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to accommodate a demonstrated need for development of office and other non-retail space adjacent to residential uses and which may be inappropriate for other commercial uses. It is intended that the buffering requirements in the Site Plan Review process will create a compatible transition of uses from adjacent residential neighborhoods. In B-2 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Any use permitted in the B-1 District.2. Office buildings to be used for professional and administrative functions of

companies, corporations, social or philanthropic organizations or societies.3. Trade schools, business colleges or other specialty schools that do not generate traffic

from patrons other than those enrolled at such school.4. Large day care home and day nurseries.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to


1. Parking lots for adjacent multi-unit residential dwellings, hotels, clubs, motels, and accessory uses to such businesses; or for hospitals, churches, and institutions when such use is adjacent to or within 300 feet of the main use.

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2. Radio, television, broadcasting and recording studios. Associated towers and antennae for radio and television studios shall meet the additional requirements for such use, as contained in the Conditional Use Permit provisions of this ordinance. D. Density regulations.

1. The minimum lot area is ten thousand (10,000) square feet.2. The minimum lot width shall be three hundred (300) feet.3. The maximum lot coverage area shall be fifty percent (50%) of the total lot area.


SECTION 400.165: B-3 GENERAL BUSINESS DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide a zone which is suitable to accommodate basic retail, service and office uses which are not located in the Central Business District but are located adjacent to the Central Business District or on arterials leading to the downtown area. Commercial uses that require large floor areas or large land areas and that are not compatible with the Central Business District are included in this district. In B-3 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Any use allowed in the B-2 District and Retail trade, Business and Professional offices, not listed in the B-2 district

2. Automobile sales, service and rental uses; Retail sale or Rental of Building materials, Light construction equipment, Farm machinery and equipment, Electrical, Mechanical, Plumbing and HVAC supplies; and Repair services for such automobile, farm or light construction equipment.

3. Banks; Research, development, laboratory and testing services; Copying and printing services that have a retail component, open to the public at the facility; Gasoline service stations; Retail Sales of Tobacco, Package Liquor, beer, wine or other alcohol; Restaurants, Bars, Pubs and Taverns

4. Hospital services; Churches; Hotels, Motels, Tourist Courts; Schools.5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to

the provisions contained in Section 400.370..

C. Conditionally permitted uses. The following uses may be conditionally permitted provided they obtain a Conditional Use Permit in accordance with Section 400.570 of this Code:

1. Amusement parks, go-cart tracks, animal and vehicle race tracks, golf driving ranges.2. Heliport pads, Prisons, Telecommunications Towers.3. Trash services, truck washing services.

D. Density regulations.1. The minimum lot area is ten thousand (10,000) square feet.

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2. The minimum lot width shall be three hundred (300) feet.3. The maximum lot coverage area shall be fifty percent (50%) of the total lot area.


SECTION 400.170: B-4 CENTRAL BUSINESS DISTRICT

USE REGULATIONSA. Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities; office and trade uses that are normally found in the core area of a City and residential uses established at the perimeter of the downtown. This area generally developed early in the city’s history and has traditionally been the city’s core business and trade area. This area has suffered due to continued development patterns along the major highway corridors and decline in the residential areas in and adjacent to this district. These district regulations and use groupings are intended to strengthen the business level of the downtown business district and re-establish its contribution to the vitality of the city. In B-4 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Any use permitted in the R-1, R-2 and R-3 districts.2. Restaurants, bars, pubs and other drinking establishments; and, entertainment venues

such as bowling alleys, billiard halls, arcades and reception halls.3. Retail establishments, including but not limited to: art studios, general stores,

convenience stores, gasoline and service stations, liquor stores, department stores, small appliance sales and service, lumber yards, hardware stores and other general retail establishments.

3. Pest Control services, Electrical, plumbing, HVAC and general contractor offices and shops; small manufacturing operations that serve a retail or general sales outlet in the same premises such as bakeries, brew pubs, candy or confectioneries, picture frame manufacturing, repair and sales, cabinetmakers, printing shops, sign shops, home décor product manufacturing and other similar, low impact manufacturing operations that primarily serve a retail outlet at the same location.

4. Schools, daycares and office uses including, but not limited to doctors, chiropractors, accountant and tax preparation, legal, planning, engineering or surveying, insurance, travel agencies, and other, similar services.

5. Signs, as provided in Sections 400.470 – 400.520 of this Code.6. Accessory uses customarily incidental to permitted uses and otherwise conforming to


1. Product wholesalers, warehousing and storage not an accessory use to an otherwise permitted use and motor freight terminals.D. Density regulations.

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1. There is no minimum lot area, width or coverage requirements in this district, except that any building constructed must meet the minimum area or distance requirements of the building code in effect at the time of construction.E. Height regulations.

1. The maximum building height shall be sixty (60) feet.F. Yard regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the Site Plan Review regulations contained in Sections 400.640-690 of this code, and must meet the adjustment requirements contained in the Supplementary District Regulations in Section 400.310.

SECTION 400.180: I-1 LIGHT INDUSTRIAL DISTRICT

USE REGULATIONSA. Intent. The I-1 Light Industrial district is intended for business uses conducting light manufacturing, assembling and fabrication, warehousing, wholesaling and service operations which conduct activities which do not have the impacts of heavy industrial or manufacturing uses. The district is also intended to serve as a transition between more intense industrial development and commercial, office or multifamily residential development. In I-1 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Any establishment which provides supplies and/or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping service, locksmith or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments.

2. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods, products or food products and business and sales offices accessory thereto.

3. Any non-residential use allowed in the B-1, B-2, B-3, and B-4 districts, including any Office/retail/warehouse combinations, provided not more than 25% of the gross building floor area shall be used for retail activities; and the outdoor storage of manufactured materials or products provided all outside storage is screened from any public right-of-way.

4. Heavy equipment and machinery, commercial truck and tractor sales, rental and service.



1. Sanitary landfills, recycling centers, transfer stations, trash service companies.2. Storage, warehousing and/or sales of Hazardous Materials, including, but not limited

to Bulk Agricultural Fertilizers, Petroleum stations and terminals, Liquid petroleum gas, Radioactive materials processing and storage connected with a manufacturing business.

3. Electric generation plants, Electric utility maintenance yard, Permanent Concrete or asphalt manufacturing or mixing plants, Prisons, Mining, Quarrying of gravel, sand or stone,

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D. Density regulations.1. The minimum lot area is ten thousand (10,000) square feet.2. The minimum lot width shall be one hundred (100) feet.3. The maximum lot coverage area shall be fifty percent (60%) of the total lot area.

E. Height regulations. The maximum structure height shall be fifty (50) feet.F. Yard regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the Site Plan Review regulations contained in Sections 400.640-690 of this code.

SECTION 400.190: I-2 HEAVY INDUSTRIAL DISTRICT

USE REGULATIONSA. Intent. The intent of the I-2 Heavy Industrial District is intended for heavy industrial uses and other uses not otherwise provided for in the I-1 district. The intensity of uses in this district makes it necessary to separate it from all residential districts wherever possible with good accessibility provided to major rail, air and highway facilities. In I-2 districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this section.B. Permitted uses.

1. Any use permitted in the I-1 district.2. Any of the following uses unless they are within 500 feet of any residential properties,

in such event a conditional use permit shall be required.a. Manufacturing and storage of products including, but not limited to; gas, solid

or liquid flammable or corrosive materials; fertilizers; glass; roofing and other construction materials; vehicle, aircraft or other heavy equipment; cement, asphalt or other paving materials; and uses classified as a High-Hazard Group H occupancy as determined by the International Building Code.

b. Manufacturing of products using hazardous substances.c. Metal, wire and metal or wire products manufacturing.d. Recycling or reprocessing of plastics, glass, metals, batteries.e. Stock yards, slaughter house or meat processing.

3. Solid waste transfer stations or recycling station where all materials are contained in an enclosed trailer or building; composting plants.

4. Electric generation plants, Electric utility maintenance yard, Permanent Concrete or asphalt manufacturing or mixing plants.



1. Agricultural chemicals and fertilizer manufacturing, Retail sale of hazardous chemicals or fertilizers, Wholesale liquid petroleum gas, bulk petroleum stations and terminals, Radioactive materials processing, storage or manufacturing.

2. Mining, Quarrying of gravel, sand or stone.3. Sanitary landfills.

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D. Density regulations.1. The minimum lot area is ten thousand (10,000) square feet.2. The minimum lot width shall be one hundred (100) feet.3. The maximum lot coverage area shall be fifty percent (60%) of the total lot area.

E. Height regulations. There is no maximum structure height.F. Yard regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the Site Plan Review regulations contained in Sections 400.640-690 of this code.

SECTION 400.220: PLANNED DEVELOPMENT OVERLAY DISTRICT

A. Intent

Any of the zoning districts mentioned above shall have a separate and distinct counterpart known and herein referred to as a “Planned Development”. Such Planned Development shall be designated by adding thereto the designation of “P” to the underlying district, such as B-3-P. The Planned Development shall be for the purpose of permitting and regulating the uses permitted in the equivalent district and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards, open spaces, etc. subsequent to final approval of the plan. The result is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The purpose of this district is to also provide for and encourage the appropriate grouping of buildings to reduce vehicle trips, maximize open space and for the beautification of the district.

Generally, the height and bulk of buildings, the amount of open space, the concentration of people and traffic and the parking and loading requirements shall be equal to those in the underlying district classification. The uses permitted in the Planned Development shall be the same as in the underlying district. Variations and departures from the standard requirements of the underlying district may be permitted. Each building need not front onto a public street, and more than one principal building may be located on one lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent, maintained permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot-lines than otherwise permitted provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property.

B. Procedure for rezoning property to a Planned Development Overlay District

1. A tract of land may be zoned to a Planned Development district by the city without first approving a conceptual development plan. For all other applicants for Planned Development District zoning or amendments, a conceptual development plan must be submitted to the Commission for approval. The applicant shall pay a non-refundable deposit of $250.00 and submit an application that contains, at a minimum, the following elements:

a. The boundaries of the tract to be zoned and the area adjacent for a distance of 250 feet.

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b. The existing and proposed topography with contour intervals not greater than ten (10) feet intervals on a plan at a scale of one inch equals 200 feet or larger. The proposed topography shall be clearly delineated on the plan..

c. Proposed location, number and arrangement of buildings, structures, parking areas, existing and proposed streets, drives, open spaces, drainage landscaping, and other reasonable information required by the Commission. Sufficient approximate dimensions to indicate the relationship between building, streets, drives and property lines should be on the plans as well.

d. The plan shall be accompanied by a plat giving a full legal description of the boundaries of the property.

e. A draft of Conditions, covenants and restrictions (CCR’s) easements, associations and maintenance agreements as well as specifications for ingress/egress to the property and any other legal requirements which will run with the property.

f. Preliminary elevation and plan drawings of proposed buildings which sufficiently depict the architectural theme of the project.

g. Preliminary Signage Plan that identifies the materials, sizes, heights and locations proposed to be used on signs within the project. The Signage Plan shall be consistent with the overall architectural theme of the buildings and project.

h. A list of all property owners within 185 feet of the boundaries of the proposed area.

2. The commission shall hold a public hearing on the conceptual development plan and after such public hearing shall approve, approve with conditions, or disapprove the conceptual development plan. At such time as the conceptual development plan is approved, approved with conditions or disapproved by the commission, the same shall be forwarded on to the Board of Aldermen for final action. The procedures for noticing and holding a public hearing for a conceptual development plan shall be the same as specified in Section 400.455. The approval of the conceptual development plan is in addition to, not in substitution of, the required statutory rezoning process.

3. In reviewing conceptual development plans for a Planned Development Overlay District, the commission shall consider the requirements in the Site Plan Review provisions in Section 400.350 - .400 when evaluating the following:

a. Topography; to ensure the site is suitable for development, and buildings are located and arranged in appropriate areas.

b. Parking; to ensure the proposed development contains an adequate amount of parking and is located in an appropriate area or adequately screened. Generally, the parking should conform to the required number of spaces appropriate to the development type as

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contained in Section 400.450 -.480. The commission may allow a deviation from these parking requirements should the applicant show an adequate amount of parking exists.

c. Setbacks; to ensure buildings provide for adequate light, air, and privacy protection by providing appropriate proportion between buildings, and adequate separation between buildings and adjoining properties.

d. Architecture; to ensure the architectural theme is compatible and consistent throughout the project and is reasonably compatible with surrounding developments.

e. Site plan; to ensure the location and arrangement of buildings, signs and other structures are appropriate for the site, existing and proposed streets, drives and public ways are arranged appropriately and to ensure site drainage has been adequately addressed

f. Landscaping; to ensure the development provides adequate landscaping to provide a pleasant environment, to enhance the building’s appearance; to ensure existing significant trees are adequately protected.

g. Any other feature or issue associated with the state zoning and planning enabling legislation or the Comprehensive Plan for the City of Smithville for which the commission feels is appropriate and relevant to the development of the site.

4. Prior to approving a conceptual development plan for the purposes of this section, the commission shall make the following findings:

a. That the commission has reviewed the conceptual development plan with consideration of the issues contained in Subsection three (3) above; and

b. That the conceptual development plan is in conformance with the comprehensive land use plan and other appropriate sections of the Code of Ordinances; and

c. That the conceptual development plan provides for an organized and unified system of land use intensities which are compatible with the surrounding areas; and

d. That the proposed development adequately protects the health, safety and general welfare of future and existing residents and property owners in and around the development.

5. Upon final approval of the plan and the zoning or rezoning of the tract as required by law, building permits may be issued and conformance with the plan and all supporting documentation is mandatory. Substantial deviation from the plan shall require resubmittal to the commission and Board in the same manner as the original procedure.

SECTION 400.230. FLOODPLAIN OVERLAY DISTRICT

Article I. Statutory Authorization, Findings of Fact and Purposes.

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A. Statutory Authorization.

The legislature of the State of Missouri has, in Chapter 80.050, R.S.Mo., delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Smithville, Missouri, does ordain as set out herein.

B. Findings of Fact.

The following are specific findings of fact that are the basis of these Floodplain Regulations. 1. Flood Losses Resulting From Periodic Inundation. The special flood hazard areas

of Smithville, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2. General Causes of the Flood Losses. These flood losses are caused by:a. The cumulative effect of development in any delineated floodplain

causing increases in flood heights and velocities, andb. The occupancy in flood hazard areas by uses vulnerable to floods,

hazardous to others, inadequately elevated or otherwise unprotected from flood damages.3. Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that

is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

a. Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this Chapter is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated April 16, 2003, as amended, and any future revisions thereto.

b. Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

c. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

d. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

e. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.

C. Statement of Purpose

It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I (B)(1); to establish or maintain the community's

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eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

Article II. Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

100-YEAR FLOOD: See “BASE FLOOD”.ACCESSORY STRUCTURE: The same as “APPURTENANT STRUCTURE”.ACTUARIAL RATES: See “RISK PREMIUM RATES”. ADMINISTRATOR: The Federal Insurance Administrator.AGENCY: The Federal Emergency Management Agency (FEMA).AGRICULTURAL COMMODITIES: Agricultural products and livestock.AGRICULTURAL STRUCTURE: Any structure used exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities.APPEAL: A request for a review of the Floodplain Administrator’s interpretation of any provision of this Chapter or a request for a variance.APPURTENANT STRUCTURE: A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.BASEMENT: Any area of the structure having its floor sub grade (below ground level) on all sides.BUILDING: See “STRUCTURE”.CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL: The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.COMMUNITY: Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storing of equipment or materials.

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ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY: A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures”.EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland waters, and/or 2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.FLOOD ELEVATION DETERMINATION: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year. FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards.FLOOD FRINGE: The area outside the floodway encroachment lines but still subject to inundation by the regulatory flood.FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community issued by the Administrator where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.FLOOD INSURANCE STUDY (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain

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and grading ordinances) and other applications of Police power. The term describes such State or local regulations in any combination thereof that provide standards for the purpose of flood damage prevention and reduction.FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see “FLOODING”).FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.FLOODWAY OR REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps.FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.FUNCTIONALLY DEPENDENT USE: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers but does not include long-term storage or related manufacturing facilities.HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.HISTORIC STRUCTURE: Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historical district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved State program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in States without approved programs.LOWEST FLOOR: The lowest floor of the lowest enclosed area including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable flood proofing design requirements of this Chapter.MANUFACTURED HOME: A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when

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attached to the required utilities. The term “manufactured home” does not include a recreational vehicle.MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is fair, economic, just and equitable value under normal local market conditions.MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced.NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by the community.NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community. NFIP: The National Flood Insurance Program (NFIP)PARTICIPATING COMMUNITY: Also known as an eligible community, a community in which the Administrator has authorized the sale of flood insurance.PERSON: Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.PRINCIPALLY ABOVE GROUND: At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.RECREATIONAL VEHICLE: A vehicle which is:

1. Built on a single chassis;2. Four hundred (400) square feet or less when measured at the largest horizontal

projections;3. Designed to be self-propelled or permanently towable by a light-duty truck; and4. Designed primarily not for use as a permanent dwelling but as temporary living

quarters for recreational, camping, travel or seasonal use.REMEDY A VIOLATION: To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. “Risk premium rates” include provisions for operating costs and allowances.SPECIAL FLOOD HAZARD AREA: See “AREA OF SPECIAL FLOOD HAZARD”.

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SPECIAL HAZARD AREA: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.START OF CONSTRUCTION: Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvements were within one hundred eighty (180) days of the permit date. The “actual start” means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.STATE COORDINATING AGENCY: That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. “Structure”, for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include the building materials or supplies intended for use in such construction, alteration or repair unless such materials or supplies are within an enclosed building on the premises.SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations of State of local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.TEMPORARY STRUCTURE: A structure permitted in a district for a period not to exceed one hundred eighty (180) days and is required to be removed upon the expiration of the permit period. Temporary structures may include recreational vehicles, temporary construction offices or temporary business facilities used until permanent facilities can be constructed, but at no time shall it include manufactured homes used as residences.

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VARIANCE: A grant of relief to a person from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community. VIOLATION: The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by this Chapter, is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION: The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

Article III. General Provisions

A. LANDS TO WHICH CHAPTER APPLIES

This Chapter shall apply to all lands within the jurisdiction of the City of Smithville, Missouri, identified as numbered and unnumbered A Zones and AE Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) dated April 16, 2003, as amended, and any future revisions thereto. In all areas covered by this Chapter no development shall be permitted except through the issuance of a floodplain development permit granted by the City of Smithville, Missouri, or its duly designated representative under such safeguards and restrictions as the City of Smithville, Missouri, or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and as specifically noted in Article V. of this chapter.

B. FLOODPLAIN ADMINISTRATOR

The Smithville City Administrator or their designee is hereby designated as the Floodplain Administrator under this Chapter.

C. COMPLIANCE

No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations.

D. ABROGATION AND GREATER RESTRICTIONS

It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other Sections inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.

E. INTERPRETATION

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In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

F. WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of the City of Smithville, Missouri, any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made there under.

G. SEVERABILITY

If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby.

Article IV. Administration.

A. FLOODPLAIN DEVELOPMENT PERMIT (REQUIRED)

A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 405.040. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.

B. ADMINISTRATION

The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Chapter.

C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the Floodplain Administrator shall include, but not be limited to:1. Review of all applications for floodplain development permits to assure that sites

are reasonably safe from flooding and that the floodplain development permit requirements of this Chapter have been satisfied;

2. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;

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3. Review of all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

4. Issue floodplain development permits for all approved applications;5. Notify adjacent communities and the Missouri State Emergency Management

Agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

6. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;

7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; and

8. Verify and maintain a record that the new or substantially improved non-residential structures have been flood proofed.

9. When flood proofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect.

D. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed structure or work;

2. Identify and describe the work to be covered by the floodplain development permit;

3. Indicate the use or occupancy for which the proposed work is intended;4. Indicate the assessed value of the structure and the fair market value of the

improvement;5. Specify whether development is located in designated flood fringe or floodway;6. Identify the existing base flood elevation and the elevation of the proposed

development;7. Give such other information as reasonably may be required by the Floodplain

Administrator;8. Be accompanied by plans and specifications for proposed construction; and9. Be signed by the permittee or his/her authorized agent who may be required to

submit evidence to indicate such authority.

Article V. Provisions for Flood Hazard Reduction.

A. GENERAL STANDARDS

1. No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones unless the conditions of this Section are satisfied.

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2. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

3. Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

4. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require:

a. Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b. Construction with materials resistant to flood damage;c. Utilization of methods and practices that minimize flood damages;d. All electrical, heating, ventilation, plumbing, air-conditioning equipment

and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

e. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site waste disposal systems be located so as to avoid impairment or contamination; and

f. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

i. All such proposals are consistent with the need to minimize flood damage;

ii. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

iii. Adequate drainage is provided so as to reduce exposure to flood hazards; and

iv. All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

5. Storage, Material and Equipment.a. The storage or processing of materials within the special flood hazard area

that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning.

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6. Agricultural Structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-flood proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this Chapter; and a floodplain development permit has been issued.

7. Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value and no larger than four hundred (400) square feet may be constructed at-grade and wet-flood proofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued.

8. Critical Facilities.a. All new or substantially improved critical non-residential facilities

including, but not limited to, governmental buildings, Police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities and schools shall be elevated above the 500-year flood level or, together with attendant utility and sanitary facilities, be flood proofed so that below the 500-year flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article IV(C)(9).

b. All critical facilities shall have access routes that are above the elevation of the 500-year flood.

c. No critical facilities shall be constructed in any designated floodway.9. Hazardous Materials. All hazardous material storage and handling sites shall be

located out of the special flood hazard area.10. Non-Conforming Use. A structure or the use of a structure or premises that was

lawful before the passage or amendment of the Chapter, but which is not in conformity with the provisions of this Chapter, may be continued subject to the following conditions:

a. If such structure, use or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this Chapter.

b. If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon determination.

11. Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement exceeds fifty

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percent (50%) of the structure's current market value, the structure must be brought into compliance with Article V (B) which requires elevation of residential structures to or above the base flood elevation or the elevation/flood proofing of non-residential structures to or above the base flood elevation.

B. SPECIFIC STANDARDS

In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided as set forth in Article V (A) (2), the following provisions are required:

1. Residential construction. New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood level.

2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured home, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article IV(C) (9).

3. Require, for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two (2) openings have a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

b. The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exist of floodwaters.

C. MANUFACTURED HOMES

1. All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

2. Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the Smithville, Missouri, FIRM on site:

a. Outside of manufactured home park or subdivision;b. In a new manufactured home park or subdivision;

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c. In an expansion to an existing manufactured home park or subdivision; ord. In an existing manufactured home park or subdivision on which a

manufactured home has incurred substantial damage as the result of a flood; be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

3. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM that are not subject to the provisions of paragraph 2., above be elevated so that either:

a. The lowest floor of the manufactured home is one (1) foot above the base flood level; or

b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

D. FLOODWAY

Located within areas of special flood hazard established in Article III.A, above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

1. The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

2. The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

3. If Article V (D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V.

4. In unnumbered A Zones the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Article V(A)(2)

E. RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM either:

1. Be on the side for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use*; or

2. Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Chapter.

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*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

Article VI. Floodplain Management Variance Procedures.

A. ESTABLISHMENT OF APPEAL BOARD

The Board of Zoning Adjustment as established by the City of Smithville, Missouri, shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter.

B. RESPONSIBILITY OF APPEAL BOARD

1. Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the Board of Zoning Adjustment.

2. The Board of Aldermen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

C. FURTHER APPEALS

Any person aggrieved by the decision of the Board of Aldermen or any taxpayer may appeal such decision to the Circuit Court of Clay County as provided in Chapter 89, RSMo.

D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the Board of Aldermen shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter and the following criteria:

1. The danger to life and property due to flood damage;2. The danger that materials may be swept onto other lands to the injury of others;3. The susceptibility of the proposed facility and its contents to flood damage and

the effect of such damage on the individual owner;4. The importance of the services provided by the proposed facility to the

community;5. The necessity to the facility of a waterfront location, where applicable;6. The availability of alternative locations not subject to flood damage for the

proposed use;7. The compatibility of the proposed use with existing and anticipated development;8. The relationship of the proposed use to the Comprehensive Plan and floodplain

management program for that area;9. The safety of access to the property in times of flood for ordinary and emergency

vehicles;

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10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems; streets and bridges.

E. CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES

1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items (2) through (6) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon determination provided proposed activity will not preclude the structure's continued historic designation.

3. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

5. Variances shall only be issued upon:a. A showing of good and sufficient cause,b. A determination that failure to grant the variance would result in

exceptional hardship to the applicant, andc. A determination that the granting of a variance will not result in increased

flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

6. A community shall notify the applicant in writing over the signature of a community official that:

a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

b. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

F. CONDITIONS FOR APPROVING VARIANCES FOR AGRICULTURAL STRUCTURES

1. Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article VI (D) & (E) of this Chapter.

2. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-flood proofed.

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a. All agricultural structures considered for a variance from the floodplain management regulations of this Chapter shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.

b. Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the Smithville, Missouri, Flood Insurance Rate Map (FIRM).

c. For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finished, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article V (A) (4) (b)of this Chapter.

d. The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Article V (A) (4) (a)of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

e. Any mechanical, electrical or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Article V (A) (4) (d)of this Chapter.

f. The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V (B) (3) of this Chapter.

g. Major equipment, machinery or other contents must be protected from any flood damage.

h. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.

i. The applicant shall acknowledge in writing over the signature of a community official that:

i. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

ii. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

j. Wet-flood proofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

G. CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES

1. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article VI (D) & (E) of this Chapter.

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2. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-flood proofed.

a. Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).

b. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article V (A) (4) (b)of this Chapter.

c. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article V (A) (4) (a)of this Chapter. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

d. Any mechanical, electrical or other utility equipment must be located above the base flood elevation or flood proofed so that they are contained within a watertight, flood proofed enclosure that is capable of resisting damage during flood conditions in accordance with Article V (A) (4) (d)of this Chapter.

e. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls subject to the 100-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article V (B) (3) of this Chapter.

f. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article V (D) (2) of this Chapter. No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.

g. Equipment, machinery or other contents must be protected from any flood damage.

h. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

i. A community shall notify the applicant in writing over the signature of a community official that:

i. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

ii. Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Chapter.

j. Wet-flood proofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

H. CONDITIONS FOR APPROVING VARIANCES FOR TEMPORARY STRUCTURES

Any variance granted for a temporary structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following

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conditions as well as those criteria and conditions set forth in Article VI (D) & (E) of this Chapter.

1. A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:

a. Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards;

b. Denial of the temporary structure permit will create an undue hardship on the property owner;

c. The community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and

d. The community has sufficient staff to monitor the placement, use and removal of the temporary structure throughout the duration of the permit.

2. Once all of the above conditions are met, an application for a Conditional Use permit must be made to the Board of Aldermen. The Board of Aldermen shall consider all applications for Conditional Use permits for a temporary structure based on the following criteria:

a. The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted Federal Emergency Management Agency/National Flood Insurance Program map shall require an approved Conditional Use permit. The Conditional Use permit shall be valid for a period not to exceed one hundred eighty (180) days.

b. Conditional Use permits applications for a temporary structure to be located in special flood hazard areas shall conform to the standard public hearing process prior to any community action on the permit request.

c. An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment and the relocation and disconnection of all utilities shall be required as part of the Conditional Use permit application for the placement of any temporary structure.

d. On or before the expiration of the end of the one hundred eighty (180) day Conditional Use permit period, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication and electrical services, shall be disconnected.

e. To ensure the continuous mobility of the temporary structure for the duration of the permit, the temporary structure shall retain its wheels and tires, licenses and towing appurtenance on the structures at all times.

f. Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the community and as specified in the emergency removal plan.

g. Location of any temporary structure within the regulatory floodway requires the provision of a "no-rise" certificate by a registered professional engineer.

h. Violation of or non-compliance with any of the stated conditions of the Conditional Use permit during the term thereof shall make the permit subject to revocation by resolution of the Governing Body of the community. Issuance of permit revocation notice shall be made to the landowner, the occupant of the land and to the general public.

i. Any deviation from the approved site plan shall be deemed a violation of the Conditional Use permit approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any

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violation, all permitted Conditional Uses shall be deemed a violation of this Chapter and shall be illegal, non-conforming uses and shall be summarily removed and abated.

j. If the temporary structure is to be returned to its previously occupied site, the process for issuing a Conditional Use permit must be repeated in full. Any subsequent permit shall be valid for one hundred eighty (180) days only.

I. PENALTIES FOR VIOLATIONViolation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Smithville, Missouri, or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.

J. AMENDMENTS

The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Smithville, Missouri. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Chapter are in compliance with the National Flood Insurance Program (NFIP) regulations.

Division 2. Supplementary District Regulations

SECTION 400.300: HEIGHT REGULATIONS

A. Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.

B. In all districts, two (2) additional feet of height above the specified height limitation shall be permitted for each one (1) foot of additional setback on all sides provided over the minimum requirement. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.310: YARD REGULATIONS

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A. Front Yards. The front yards heretofore established shall be adjusted in the following cases:

1. Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.

2. Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then:

a. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or

b. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

Front Yard Modification

B. Accessory Buildings. No accessory building shall be erected in any required front or side yard and no detached accessory building shall be erected closer than five (5) feet to any other building. Accessory buildings may be located in the rear yard, but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required minimum side yard setback of the district except that if the building has a vehicular alley entrance, the sum of the width of the alley and the setback of the structure shall not be less than twenty-five (25) feet. Accessory buildings in excess of two (2) per property are prohibited in "R-S", "R-1", "R-2", "R-3", "R-4", "B-1", "B-2", "B-3" and "B-4" Districts. For the purposes of calculating the number of accessory buildings on a property, detached garages shall be exempt.

C. Structural Projections. Open or lattice-enclosed fire escape, fireproof outside stairways and balconies opening upon fire towers, the ordinary projections of chimneys and flues, buttresses, eaves, overhangs, open unenclosed porches, elevated decks, patios or other similar architectural projections may extend into any required yard for a distance of not more than thirty percent (30%) of the required yard dimension. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1612 §1, 4-18-95; Ord. No. 2554-07 §1, 5-15-07)

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SECTION 400.320: REAR YARD COMPUTATION

In computing the depth of a rear yard for any building where such a yard abuts an alley, one-half (½) the width of such alley may be included in the rear yard dimension. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.325: NUMBER OF STRUCTURES AND USES ON A ZONING LOT

Where a lot or tract is used or zoned for other than a single-family dwelling, more than one (1) principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.330: SIGHT TRIANGLE

A. For the purpose of this Section the term Sight Triangle shall mean an area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2½) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, ninety (90) feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the ninety (90) foot distance shall be increased to one hundred twenty (120) feet. An example of such a Sight Triangle is included in Section 400.075 with the definition of same.

B. The Board of Aldermen does hereby find and determine that in order to facilitate the movement of traffic and to provide the maximum safety in the use of the streets it is necessary to require that all corner lots in the City conform to the requirements of the Sight Triangle as defined except in the Central Business District defined in this Chapter.

C. The determination that an obstruction within the Sight Triangle materially impedes vision and presents a traffic hazard requiring abatement shall be at the discretion of the Chief of Police or their designee.

D. On a corner lot in any district, development shall conform to the requirements of the sight triangle as defined by this regulation. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 719 §§1--3, 4-10-78; Ord. No. 1828-99 §1, 1-25-99)

SECTION 400.335: ACCESS TO BUSINESS AND INDUSTRIAL DISTRICTS

No land which is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any business or industrial district. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.340: TEMPORARY USES PERMITTED

A. Christmas Tree Sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and

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setback requirements of these regulations provided that no trees shall be displayed within the sight triangle.

B. Contractor's Office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.

C. Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.

D. Seasonal Sales. Seasonal sale of farm produce grown on the premises in an "A-1" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.

E. Carnivals And Circuses. A carnival or circus, but only in an "A-1", "B-1", "B-2", "B-3", "B-4", "I-1" or "I-2" District and then only for a period that does not exceed three (3) weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.

F. Housing. During construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed six (6) months. The Zoning Administrator may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.

G. Temporary Defined. For the purposes of Conditional Use permits issued for school, temporary/mobile accessory structures, "temporary" shall mean not more than three (3) years. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1666 §2, 3-19-96)

SECTION 400.345: DETERMINATION OF BUILDING SETBACK LINE

The building setback line shall be determined by measuring the horizontal distance between the property line and the nearest exterior wall of the existing or proposed structure. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.350: FENCES

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:

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1. All fences erected in the "R-1", "R-2", "R-3", "R-4" and "B-1", "B-2", "B-3", "B-4" zoning districts must have a permit. Applications for a fence permit shall be accompanied by a general layout of the property indicating the location of the fence to be erected on the lot. The following regulations relate to the aforementioned zoning districts. For "A-1" and "R-S" zoned districts, fence regulations shall not apply.

2. On a corner lot in any district, development shall conform to the requirements of the sight triangle as defined by this regulation.

3. No fence shall be constructed which will constitute a traffic hazard.

4. No fencing can be built forward of the front building line except as noted below:

a. On double frontage lots (corner lots or lots with a street abutting a rear property line) no fence can be built forward of the building lines abutting a street without the approval of the Community Development Director. In the "B-4" District, the approval shall be in accord with the existing setbacks and uses in the block in which a permit request is located. For all other districts in which a permit is required, said approval shall only be given after consideration of the following:

(1) Fences shall not impede the view of any intersection and shall not be constructed within thirty (30) feet of the street intersection. Under no circumstances may a fence be located within twelve (12) feet of the right-of-way.

(2) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals. This would include barbed wire, electrically charged or otherwise detrimental to persons.

(3) If a fence extending beyond building lines is to abut the front yard of a residentially used property, said fence shall be decorative or ornamental and shall be restricted to four (4) feet in height and shall be at least fifty percent (50%) open, except for stone or brick walls which shall not exceed three (3) feet in height. Chain link fences, fence wires, wire mesh fences, snow fences or fences constructed in any part with such materials shall not be considered decorative or ornamental.

b. No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which fence shall adversely affect the public health, safety and welfare. Additionally, the good side or finished side of the fence shall face the neighboring property.

c. No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than eight (8) feet; provided however, that the Board of Adjustment may, as an exception, authorize the construction of a fence higher than eight (8) feet if the Board finds the public welfare is preserved.

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d. Fences in general cannot exceed six (6) feet in height, with the exception of hedges and shrubs, which do not have a height restriction, except as noted otherwise in this Chapter.

e. Fences that are in existence prior to the adoption of this Chapter shall not be subject to these fence regulations, however with the removal or replacement of said fence(s), this action will subject the replacement fence to the regulations contained herein.

f. These fence regulations are designated by the City of Smithville and do not supersede any rules or regulations imposed by homeowners' associations or other agencies not affiliated with the City of Smithville. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 2259-04 §1, 3-16-04; Ord. No. 2632-08 §1, 4-15-08)

SECTION 400.355: HOME OCCUPATIONS

A. Home occupations shall be permitted in the "A-1", "R-S", "R-1", "R-2", "R-3" and "R-4" Districts.

B. Restrictions and Limitations.

1. The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit or one (1) room, whichever is the smaller, shall be used for a home occupation.

2. No outdoor storage of materials or equipment used in the home occupation shall be permitted.

3. No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence. The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.

4. No sign shall be permitted unless required by State Statute and, if so required, shall not exceed two (2) square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.

5. No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.

6. No equipment shall be utilized that creates a nuisance due to noise or electrical interference.

7. Parking generated by the conduct of a home occupation shall be provided off-street in an area other than the required front yard.

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8. No commodities shall be displayed or sold on the premises except that which is produced on the premises.

C. Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation is subject to the requirements of Subsections (B)(1--7) above:

1. Art, dancing and music schools provided that instruction is limited to five (5) pupils at one (1) time.

2. Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professions.

3. Offices for realtors, insurance agents, brokers, sales representatives and manufacturing representatives when no exchange of tangible goods is made on the premises.

4. Radio, television, phonograph, recorder and small appliance repair services.

5. Day care centers caring for less than five (5) unrelated children.

6. Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.

7. Tailoring, alterations and seamstresses.

8. Saw--filing.

9. Tourist homes.

10. Beauty and barber services.

D. Particular Home Occupations Prohibited. Permitted home occupations shall not in any event include the following:

1. Antiques--retail.

2. Funeral--services.

3. Groceries--retail.

4. Secondhand merchandise--retail.

5. Equipment rental.

6. Automobile and other motor vehicle repair services.

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7. Physicians.

8. Dentists.

9. Chiropractors. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1528 §1, 3-8-94)

SECTION 400.360: RECREATIONAL VEHICLE PARKING AND STORAGE

Major recreational equipment such as, but not limited to, boats, boat trailers, travel trailers, pickup campers or coaches, camping buses or converted trucks and tent trailers may be stored upon residential property subject to the following requirements:

1. A paved parking surface for said vehicles is not required.

2. Parking of said vehicles shall not exceed two (2) in number.

3. Parking of said vehicles shall be permitted upon residential property owned or secured by long-term lease by the owner of said vehicle. Parking of vehicles belonging to guests of the property owner shall be permitted provided that such vehicles shall not be parked on said property in excess of fourteen (14) days in any twelve (12) month period.

4. Parking of said vehicle shall not protrude over or upon any sidewalk or adjacent roadway.

5. Residing in recreational vehicles on private property shall not exceed a total of fourteen (14) days in any twelve (12) month period.

6. Said recreational vehicles shall be properly licensed at all times.

7. Said recreational vehicles shall not be used for storage of items unrelated to the use of said vehicle. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 2137-02, 12-17-02)

SECTION 400.370: ACCESSORY USES

A. Accessory uses are permitted in any zoning district in connection with any principal use that is permitted.

B. Definition. An "accessory use" is a structure or use which:

1. Is subordinate to and serves a principal building and principal use;

2. Is subordinate in area, extent or purpose to the principal building or buildings served;

3. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served;

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4. Is located on the same lot as the principal building or principal use served.

C. Permitted Accessory Uses. Any structure or use that complies with the terms of Subsection (B) may be allowed as an accessory use or structure (accessory structures and uses include, but are not limited to, the following list of examples); provided that in each case such structure must fit the general definition of "accessory use" contained in Subsection (B) of this regulation.

1. Private garages or carports, not to exceed the following capacity:

a. For single-family residence: Three (3) cars.

b. For multi-family residence: Two (2) cars per dwelling unit.

2. A structure for storage incidental to a permitted use provided no such structure that is accessory to a residential building shall exceed one hundred fifty (150) square feet in gross floor area.

3. A child's playhouse.

4. A private swimming pool and bathhouse.

5. A guest house (without kitchen facilities) or rooms for guests in accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.

6. Statuary, arbors, trellises, barbecue stoves, woodpiles for home use, flagpoles, fences, walls, hedges and radio and television antennas.

7. Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.

8. Signs, when permitted by Article VIII of these regulations.

9. Off-street parking and loading spaces as regulated by Article VII of these regulations.

10. Storage of major recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided no part of such storage area is located in the front yard setback in accordance with Section 400.360.

11. Restaurants, drug stores, gift shops, swimming pools, tennis courts, club and lounges and newsstands when located in a permitted hotel, motel or office building.

12. Employee restaurants and cafeterias when located in a permitted business or manufacturing or industrial building.

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13. Offices for permitted business and industrial uses when said office is located on the same site as the business or industry to which it is an accessory.

14. Retail sales for permitted industrial uses when located on the same site as the industrial use.

15. The storage of retail merchandise when located within the same building as the principal retail business.

D. Prohibited Accessory Uses. None of the following shall be permitted as an accessory use:

1. Outdoor storage or overnight parking in a residential district of trucks or buses having a hauling capacity of more than one (1) ton excluding pickup trucks and recreational vehicles as defined in Section 400.360.

2. Outdoor storage, except as specifically permitted in the district regulations.

E. Accessory Uses Permitted By Conditional Use. The following accessory uses shall only be permitted upon approval of a conditional use application:

1. Telecommunications or television tower.

2. Amateur radio tower.

ARTICLE III SITE DEVELOPMENT REGULATIONS

Division 1. Site Plan Review

SECTION 400.390: INTENT

The City of Smithville recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts and health problems. Also, the City strives to achieve the goal of promoting growth in Smithville, while retaining a unique atmosphere and small City image, capitalizing on the natural beauty and physical resources of the area. The City seeks to ensure that any location that has a potential for preserving natural resources, identified on the recommend land use map in the 2005 Comprehensive Plan or that must accommodate intense urban uses, shall be subject to site plan review by the Zoning Administrator and approval by the Planning Commission and the Board of Aldermen. Site plan reviews shall help ensure that the meaning and intent of the zoning regulations and all portions thereof are fully complied with.

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

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

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

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

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

5. The enhancement of the natural environment by promoting urban development which is compatible with clearly identified natural resources. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.395: APPLICABILITY

All applications for new building permits in the commercial and industrial zoning districts shall be subject to site plan review in accordance with these regulations. Site plan review shall also be required for the expansion of any existing use in the commercial and industrial districts. "Expansion" shall include any increase in floor, parking or storage space. Site plan review may also be required for improvements to the facade of an existing building. This would include attaching or changing any appurtenances such as, but not limited to: siding, facade, dormers, parapets, columns, pillars, overhangs and soffits. Such work shall be subject to site plan review at the discretion of the Community Development Director. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.400: APPLICATION AND FEES

A site plan application, together with a site plan application fee of seventy-five dollars ($75.00), shall be submitted to the Community Development Director. The applicant shall pay for all costs associated with any required technical studies and the City's review of such studies, as well as reimburse the City for any and all expenses associated with any notices and/or mailings provided as a result of any application herein. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.405: PROCEDURE

A. No building permits shall be issued for any use of land or proposed construction on a lot in the zoning districts in which site plan review is required, until site plan approval has been granted pursuant to these procedures. The Community Development Director shall perform site plan reviews initially. The initial review shall be to determine compliance with the submittal requirements herein. Once the submittal is deemed complete, the Community Development Director and the Development Review Committee shall review the application and supporting documents in accordance with the standards of review contained herein. The Community Development Director may request any such technical studies as deemed necessary in order to ensure compliance with the requirements of the Zoning Code. The application shall thereafter be

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scheduled on the next available Planning Commission meeting. The Planning Commission shall review and make any such recommendations for approval, approval with conditions or denial as it deems necessary to ensure compliance with the provisions of this Article. Within seven (7) days of this meeting, the Community Development Director shall notify the applicant of the date of the Board of Aldermen meeting where the application will be presented. The Board of Aldermen shall review the report of the Development Review Committee, the recommendations of the Planning Commission and any additional information it deems relevant. The Board may approve, approve with conditions or disapprove of the application in accordance with the standards of review of this Article. The Community Development Director shall provide written notification to the applicant of the Board's determination within seven (7) days of the meeting.

B. A site plan review is valid for one (1) year from the date of approval of the Board of Aldermen. In the event that a project granted site plan approval is not started within the twelve (12) month period from the time the site plan was approved or completed within twenty-four (24) months from said approval, the site plan approval shall be invalid and resubmission shall be required. Resubmissions pursuant to this Section shall be subject to all applicable ordinances and policies in effect at the time of resubmission.

C. In the event that the development involves multiple buildings in one (1) cohesive development area which is subject to the preliminary and final platting procedures of the Subdivision Code of the City of Smithville, the site plan review standards required herein shall be reviewed and approved at or during the final platting process, without regard to the separate site plan review procedures above. If the development receives final plat and site plan approval, the site plan approval granted therein shall be valid for a period of five (5) years if the project is started within the twelve (12) month period from the time the site plan was approved. For purposes of this provision, a project is "started" if construction on at least one (1) of the buildings contemplated therein is commenced within twelve (12) months and completed within twenty-four (24) months. If the project is not "started", said site plan approval shall be invalid and resubmission of an application for site plan approval shall be required and the procedures listed above shall apply. Whether or not the site plan is "started", the continued validity of the final plat shall be subject to the requirements of Article VI of the Subdivision Code. The Board may, in its approval of the final plat and site plan, allow more time in accordance with a phasing plan submitted by the applicant; or may extend the original period of validity if, prior to termination thereof, the applicant requests an extension for good cause shown. The Board shall have full discretion in determining what constitutes good cause. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.410: STANDARD OF REVIEW

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

1. The extent to which the proposal conforms to these regulations.

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

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3. The extent to which the proposal conforms to the provisions of the City's subdivision regulations.

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

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

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

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

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

b. Conserve natural resources and amenities available on the site;

c. Minimize any adverse flood impact;

d. Ensure that proposed structures are located on suitable soils;

e. Minimize any adverse environmental impact; and

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

8. The Board of Aldermen may waive any or all of these provisions for reasonable cause. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.415: SUBMISSION REQUIREMENTS

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

B. Site plans shall be prepared by a registered professional engineer, architect or landscape architect at a scale of one (1) inch equals twenty (20) feet on standard twenty-four (24) inch by thirty-six (36) inch sheets. Items required for submission include:

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

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

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

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

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

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

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

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

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

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

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

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

13. Existing and proposed topography shown at not more than two (2) foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year floodplain, the area shall be shown with base flood

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elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

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

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

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

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

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

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

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

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

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

c. Maximum number of employees;

d. Maximum seating capacity, where applicable;

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

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

17. Color photographs of surrounding structures within one hundred eighty-five (185) feet of sufficient detail to determine compliance with these provisions. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.420: DEVELOPMENT STANDARDS IN "B-1", "B-2" AND "B-3" DISTRICTS

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

1. Building materials.

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

(1) Natural or synthetic stone complying with applicable building codes;

(2) Brick;

(3) Integrally colored, textured or glazed concrete masonry units;

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

(5) Stucco;

(6) Glass, including glass curtain walls, glass block;

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

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

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

(1)

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

(2) Natural wood, wood siding, wood and plywood paneling unless approved as a portion of a façade treatment that articulates multiple materials;

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

(4) Vinyl siding unless approved as a portion of a façade treatment that articulates multiple materials;

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

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(6) Tilt-up concrete panels without rough texture surface;

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

2. Building color.

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

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

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

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

3. Building massing and facade treatment.

a. Variation in massing. A single, large dominant building mass shall be avoided.

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

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

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

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

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

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(2) Horizontal wall articulation. All building walls shall present a clearly recognizable base, middle and top by meeting the following standards:

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

(i) Thicker walls, ledges or sills;

(ii) Integrally textured materials such as stone or other masonry;

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

(iv) Lighter or darker colored materials or panels.

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

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

(ii) Sloping roof with overhangs and brackets;

(iii) Stepped parapets; or

(iv) Lighter or darker colored materials from the base.

4. Site layout principles.

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

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

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

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

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

(1) A primary customer entrance;

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

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

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

(5) For parcels less than one-half (½) acre, foundation landscaping adjacent to and along the full length of the primary facade. The landscaped area shall be a minimum of eight (8) feet wide and shall include ten (10) shrubs with one (1) shade tree or two (2) ornamental trees for each twenty-five (25) feet or fraction thereof of the lineal building facade. This landscaping is in addition to other landscaping required by this Article.

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

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

d. Customer entrances.

(1) All buildings shall comply with the following design standards:

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

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

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

(a) Canopies or porticos;

(b) Awnings;

(c) Overhangs;

(d) Recesses/projections;

(e) Arcades;

(f) Raised corniced parapets over the door;

(g) Peaked roof forms;

(h) Arches;

(i) Outdoor patios;

(j) Display windows;

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

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

(3) Awnings.

(a) Awnings shall be no longer than a single storefront.

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

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

e. Parking lot layout.

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

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

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

f. Multiple building developments.

(1) Site layout and building orientation. All primary and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent and existing developments and either:

(a) Frames the corner of an adjacent street intersection; or

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

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

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

g. Single building developments.

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

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

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

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shall be the side of the building containing the majority of storefronts, customer entrances and windows.

(2) Alternatives. An applicant may submit an alternative development pattern, provided such pattern achieves the intent of the above standards and this Section. Strictly linear or "strip" commercial development patterns shall be avoided, unless the usable lot shape would prohibit any reasonable use. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.421: DEVELOPMENT STANDARDS IN "B-4" DISTRICTS

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

A. Building Materials.

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

B. Building Color.

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

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

C/ Building massing and façade treatment.

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

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D. Site layout principles.

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

SECTION 400.425: DEVELOPMENT STANDARDS IN "I-1" AND "I-2"

A. Building Materials.

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

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

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

(1) Natural or synthetic stone complying with applicable building codes; or

(2) Brick; or

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

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

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

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

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

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

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

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

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

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

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

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

(b) Pre-finished/pre-engineered metal siding panels and/or pre-engineered and pre-finished rough textured metal siding panel systems with a rough texture surface (meeting adopted building codes) may be used on the remaining building wall area.

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

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

(1) Metal panel siding with a thickness of less than twenty-four (24) gauge and with a corrugation of less than one and one-fourth (1¼) inch depth;

(2) Natural wood, wood siding, wood and plywood paneling;

(3) Vinyl siding;

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

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

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

B. Building Color.

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

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

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

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

C. Building Massing And Facade Treatment.

1. Variation in massing. A single, large dominant building mass shall be avoided.

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

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

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

c. Options include:

(1) Alteration of material types;

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

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

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

(5) Boxed in downspouts; or

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

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

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

(1) Brick;

(2) Natural or synthetic stone; or

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

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

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

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

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

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

D. Site Layout Principles.

1. Building orientation and parking lot layout. All buildings shall be oriented so that the primary facade (facade with primary customer entrance) meets the following standards:

a. Buildings located mid block.

(1) Buildings located mid block should be oriented with the primary facade facing the public right-of-way. A minimum of sixty percent (60%) of the off-street parking

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spaces provided shall be located in the side or rear yard areas. The remaining forty percent (40%) of spaces may be located between the facade and the right-of-way.

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

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

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

2. Primary facades and landscaping.

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

(1) A primary customer entrance;

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

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

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

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b. Primary customer entrances/office portion.

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

(a) Canopies or porticos;

(b) Awnings;

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

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

(c) Overhangs;

(d) Recesses/projections;

(e) Raised corniced parapets over the door;

(f) Peaked roof forms;

(g) Arches; or

(h) Other unique architectural detail.

(2) Office portion. At least forty percent (40%) of the office portion of the facade shall be transparent (i.e., glass) materials to differentiate it from the remainder of the building, unless the office portion covers the entire facade, in which only thirty percent (30%) shall be transparent. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.430: LIGHTING STANDARDS

A. General Lighting Standards.

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

2. Color of light source. All lighting fixtures shall be color-correct types such as halogen or metal halide to ensure true-color at night and ensure visual comfort for pedestrians.

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

4. Prohibited lights. The following lights are prohibited:

a. Searchlights;

b. Mercury vapor lights;

c. High pressure sodium; and

d. Halogen except when used as architectural/landscape lighting.

5. Exceptions. The following lights are excepted from these requirements:

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

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

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

6. Exemptions. The following lights are exempted from these requirements:

a. Airport lighting;

b. Street lighting installed per the Design and Construction Manual.

B. Photometric Plans.

1. A lighting engineer shall prepare the photometric plan.

2. A photometric plan, when required by this Chapter, shall indicate foot-candle levels on a ten (10) foot by ten (10) foot grid. When the scale of the plan, as determined by the Director, makes a ten (10) foot by ten (10) foot grid plot illegible, larger grid spacing may be permitted.

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

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

For projects abutting or adjacent to residential properties, a photometric plan providing the as constructed lighting levels shall be provided to the Community Development Director prior to the issuance of a final certificate of occupancy. The as constructed photometric plan shall indicate the foot-candle levels on a ten (10) foot by ten (10) foot grid.

C. Parking Lot Lighting.

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

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

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

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

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

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

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

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

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

6. Maximum wattage.

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

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

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

7. Maximum light fixture heads.

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

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

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

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

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

D. Wall-Mounted/Building-Mounted Lighting.

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

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

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

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

E. Pedestrian Walkway Lighting.

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

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

F. Architectural/Landscape/Artwork Lighting.

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

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

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

G. Canopy Lighting And Lighting Of Drive-Thru.

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

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

3. Acceptable fixtures and methods of illumination include:

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

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

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

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

6. Automatic teller machines (ATM). The lighting around freestanding ATM shall not exceed sixteen (16) foot-candles, measured at three (3) feet above the grade, within a five (5) foot radius from the ATM or four (4) foot-candles within a thirty (30) foot radius.

H. Exterior Display Lighting.

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

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

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

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

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

4. The illumination of parking lot display lighting shall be reduced by one-half (½) between 11:00 P.M. (10:00 P.M. adjacent to residential) and 7:00 A.M. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.435: LANDSCAPING AND BUFFERING REQUIREMENTS

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

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

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

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

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

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

B. Buffer Zone Types.

1. Building buffer zones.

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

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

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

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

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

1. Adjacent to single- and two-family residential zones.

a. Building buffer zone.

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

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

b. Parking buffer zones.

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

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

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

2. Adjacent to multi-family, business or industrial zones.

a. Building buffer zones.

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

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

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

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


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

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

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

3. Street landscaping.

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

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

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

1. Areas adjacent to residential properties.

a. Building buffer zone.

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

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


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

(2) The parking buffer zone shall include shrubs, hedges or evergreen plantings two (2) feet in height at the time of planting placed no less than five (5) feet from the edge

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of the paved surface. The number of plantings shall be such that the parking lot is at least eighty percent (80%) obscured.

2. Areas adjacent to business or industrial properties.

a. Building buffer zones.

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

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

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

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


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

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

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

3. Street landscaping.

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

b. In areas where the building is adjacent to the street, there shall be one (1) large stature deciduous tree or two (2) ornamental flowering trees for every seventy-five (75) linear feet and three (3) shrubs for every forty (40) linear feet of property line. Attractive clustering of the required plantings is encouraged. (Ord. No. 2640-08 §1, 6-3-08)

SECTION 400.440: MISCELLANEOUS DESIGN STANDARDS

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

B. Screening of Mechanical Equipment.

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

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

C. Maintenance.

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

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

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

E. Adoption of Administrative Guidelines. The Community Development Director is authorized, as he/she deems necessary, to prepare an interpretation manual and guidelines in order to augment, implement and provide further details for the carrying out of these minimum design standards. (Ord. No. 2640-08 §1, 6-3-08)

Division 2. Off-Street Parking

SECTION 400.450: APPLICABILITY

Off-street parking and loading space, as required in this Article, shall be provided for all new buildings and structures or additions thereto. Off-street parking and loading space shall be required for any existing building or structure which is altered in any manner so as to enlarge or increase capacity by adding or creating dwelling units, guest rooms, floor area or seats. Existing parking

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area previously required shall not be used to satisfy required off-street parking for any new structures or additions to existing buildings, structures or uses of land. Such existing parking space shall be maintained and shall not be reduced so long as the main building, structure or use remains, unless an equivalent number of such spaces are provided elsewhere as provided in this Article. No off-street parking or loading space shall be required for any use located in the "B-4" Central Business District. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.455: GENERAL PROVISIONS

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

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

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

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

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

E. Computation. When determination of the number of off-street parking spaces required by this regulation results in a requirement of a fractional space, the fraction of one-half (½) or less may be disregarded and a fraction in excess of one-half (½) shall be counted as one (1) parking space.

F. Mixed Uses. When a building or development contains mixed uses, the off-street parking requirement shall be calculated for each individual use and the total parking requirement shall be the sum of the individual parking requirements. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.460: LAYOUT AND DESIGN REQUIREMENTS

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

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

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

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

1. Residential driveways.

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

E. Lighting. Any lighting used to illuminate off-street parking and loading areas shall be directed away from residential properties in such a way as not to interfere with the residential use. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1529 §1, 3-8-94; Ord. No. 1733-97 §1, 5-20-97; Ord. No. 1959 §1, 9-18-00)

SECTION 400.465: PLANS AND APPROVAL REQUIRED

Plans showing the layout and design of all required off-street parking and loading areas shall be submitted to and approved by the Zoning Administrator prior to issuance of a zoning certificate. Before approving any parking layout, the Zoning Administrator shall satisfy himself that the spaces provided are usable and meet standard design criteria contained herein. All required off-street parking spaces shall be clearly marked. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.470: REQUIRED SPACES

Off-street parking spaces shall be provided as follows:

1. Dwelling and lodging uses.

a. Boarding or rooming houses. One (1) parking space per each three (3) sleeping rooms.

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

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

d. Mobile home parks. Two (2) parking spaces per each mobile home.

e. Nursing homes, rest homes, etc. One (1) parking space per each five (5) beds based on the designed maximum capacity of the building, plus one (1) parking space for each employee.

f. Single-family. Two (2) spaces per dwelling unit.

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

2. Business, commercial and industrial uses.

a. Automobile, truck, recreational vehicle and mobile home sales and rental lots. One (1) parking space for each three thousand (3,000) square feet of open sales lot area devoted to the sale, display and rental of said vehicles, plus one (1) parking space for each employee.

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

c. Financial, business and professional offices. One (1) parking space for each three hundred (300) square feet of gross floor area.

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

e. Cartage, express, parcel delivery and freight terminal establishments. One (1) parking space for each two (2) employees in the largest working shift in a twenty-four (24) hour period, plus one (1) parking space for each vehicle maintained on the premises.

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

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

h. Furniture and appliance stores, household equipment or furniture repair shop. One (1) parking space for each four hundred (400) square feet of floor area.

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i. Manufacturing, production, processing, assembly, disassembly, cleaning, servicing, testing or repairing of goods, materials or products. One (1) space per three (3) employees based upon the largest working shift in any twenty-four (24) hour time period.

j. Medical and dental clinics or offices. One (1) parking space for each two hundred (200) square feet of gross floor area.

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

l. Retail stores and shops. One (1) space per two hundred (200) square feet of floor area.

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

n. Theaters, auditoriums and places of assembly with fixed seats. One (1) space for each three (3) seats.

o. Theaters, auditoriums and places of assembly without fixed seats. One (1) parking space for each four (4) people based upon the designed maximum capacity of the building.

p. Warehouse, storage and wholesale establishments. One (1) parking space for each two (2) employees based upon the largest working shift in any twenty-four (24) hour period.

q. All other business and commercial establishments not specified above. One (1) parking space for each three hundred (300) square feet of floor area.

3. Other uses.

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

b. Elementary, junior high and equivalent parochial and private schools. Two (2) spaces for each classroom.

c. High schools, colleges, universities and other similar public or private institutions of higher learning. Eight (8) parking spaces for each classroom, plus one (1) space for each two (2) employees.

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

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

f. Nursery schools and day care centers, public or private. One (1) parking space for each employee.

g. Fraternal associations and union headquarters. One (1) parking space for each three (3) seats based upon the design maximum seating capacity.

h. Swimming pools and clubs. One (1) parking space for each thirty-eight (38) square feet of water area.

i. Trade and commercial schools. One (1) parking space for each three (3) students and employees. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 2087 §1, 5-21-02)

SECTION 400.475: CONDITIONAL USE

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

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

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

D. Improvements.

1. Parking, driving and loading areas on private property providing ingress and egress to parking areas shall be surfaced with concrete, asphaltic concrete, asphalt or any other comparable surfacing which meets the requirements of Section 400.390(D) and shall be maintained in good condition and free of all weeds, dust, trash and other debris.

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

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

4. A fence (such as solid-wall masonry, wood, louvered wood, metal or other similar materials) not less than six (6) or more than eight (8) feet high and having a density of not less than eighty percent (80%) per square feet shall be erected along any property line adjacent to or adjoining any dwelling district to eliminate the passage of light from vehicles and to prevent the

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blowing of debris. Whenever a fence shall be required along a front yard, such fence shall not be higher than four (4) feet and such fence shall be located within one (1) foot of the front yard setback line. Fences along said yards shall not extend nearer to the street than the front yard setback line.

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

1. Said Conditional Use permit shall be limited to twelve (12) months.

2. Said Conditional Use permit may not be extended or renewed.

3. A Conditional Use permit similar in nature may not be issued for the same location, applicant or organization.

4. A surety compliant with the provisions of Article X, Section 425.460 of the Subdivision Regulations shall be provided as a performance guarantee that at or before the end of twelve (12) months, such off-street parking, driveway and/or loading area shall be paved to City specifications.

5. Said temporary parking shall not exceed the minimum number of spaces required in Section 400.400.

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

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

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

2. Failure to comply with the requirements contained in this Section or imposed by the Commission. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1733-97 §§2--3, 5-20-97)

SECTION 400.480: LOADING AND UNLOADING REGULATIONS

Loading and unloading space shall be provided off-street and on the same premises with every building, structure or part thereof hereafter erected, established or enlarged and occupied for goods display, retail operation, department store, market, hotel, mortuary, laundry, dry cleaning, office uses, warehousing, manufacturing or other uses involving the receipt or distribution of materials or

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merchandise by motor vehicle. The loading and unloading space or spaces shall be so located to avoid undue interference with public use of streets, alleys and walkways.

1. Spaces required.

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

Gross Floor Area of Establishments in Thousands of Square Feet Required Number and Size of Loading Berths

1--10 1--(10' x 25')

10--25 2--(10' x 25' each)

25--40 2--(10' x 60' each)

40--100 3--(10' x 60' each)

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

Gross Floor Area of Establishments in Thousands of Ft.2 - Required Number and Size of Loading Berths1—10 -1--(10' x 25')

10—40 - 1--(10' x 60')

40—100 - 2--(10' x 60' each)

c. For each additional one hundred thousand (100,000) square feet of gross floor area or any fraction thereof over one hundred thousand (100,000) square feet of gross floor area, one (1) additional berth shall be provided. Each such additional berth shall be at least ten (10) feet in width by sixty (60) feet in length. (Ord. No. 711 §§1--5, 3-13-78)

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Division 3. Signs

SECTION 400.485: TITLE, SCOPE AND ENFORCEMENT:

A. Title. These regulations shall be known by short title as the “Smithville Sign Code”, may be cited as such, and will be referred to herein as “this Code” or “this Chapter”.

B. Purpose and Scope.

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

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

C. Enforcement

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

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

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

3. Penalty . Unless a different penalty provision is otherwise provided for herein, a violation of any of the provisions of this Chapter shall, upon conviction, be fined not more than One hundred dollars ($100.00) for the first day of any such

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violation and, for each day following specific notice, in writing, that a particular sign or action is in violation of this code, a the fine shall be Five hundred dollars ($500.00) per day for each day thereafter, until full compliance with the requirements of this code are met.

SECTION 400.490: DEFINITIONS:

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

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

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

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

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

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

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GROUND SIGN or MONUMENT SIGN: A sign structure installed in the ground which projects above the existing grade to allow placement of the Display Area and usually encloses the top of the display area with the same or similar materials, excluding a Pole Sign.

OVERSIZED TEMPORARY SIGN: A temporary sign that is larger in size than that allowed in Section 400.505.E,

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

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

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

PROJECTING SIGN: Any sign that is supported from a building façade with at least one horizontal structural element to which a display area is attached and which the display area is 30 degrees or more from parallel to the building façade.

REAL ESTATE SIGN: A single sign which advertises for sale, lease or exchange, real estate by the owner or his agent, which may include the owner’s or agent’s names and the owner’s or agent’s address and telephone number, which has a display area no larger than 18” X 24” for one or two-family homes on one residential lot; 16ft2 for undeveloped or unplatted ground, including multiple residential lots and all commercial or industrial sites; or 64 ft2 if set back from the property line 150 feet or 100 ft2 if set back 250 feet from the property line and is located on the property to be sold, leased or exchanged. A sign advertising real estate that is not located on the property to be sold, or is located on the property to be sold that already has a Real Estate Sign as defined above, is excluded from this definition.

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

REPLACEMENT SIGN: A sign that replaces the display area of an existing sign that 1) is owned by and advertises the same business as the previous sign, 2) is no larger in area than the

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existing display area on the sign, and 3) is located in the same location as the display area to be replaced. A replacement sign shall not include an upgrade from a static display area to an Electronic, LED or Digital Sign, but does include an change from one Electronic, LED or Digital Sign to another.

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

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

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

WALL SIGN: Any sign that is mounted to a building façade that has its’ display area installed less than 30 degrees from parallel from the building façade.

SECTION 400.500: PROHIBITED SIGNS:

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

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

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

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

No person, except a public officer or city employee, or someone acting on their behalf, while in the performance of municipal duties shall affix in any manner any sign, banner, bill, poster, advertising statement or notice of any kind upon any curb, lamppost, traffic sign, sidewalk,

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street, utility pole or structure, bridge or tree, or inside or upon a public street, sidewalk or other right-of-way or easement within the city limits.

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

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

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

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

SECTION 400.505: TEMPORARY SIGNS:

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

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

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

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

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

3. The material(s) to be used in the construction of the sign.4. A check for the fee as required in Table 1 FEE STRUCTURE – TEMPORARY

SIGNS, below.

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

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1. The original permit number issued for the sign.2. The proposed location of the sign(s), including the address, and description of the

location upon such address, the signature of the owner of the property acknowledging consent to place said sign.

3. A check for the fee as required in Table 1 FEE STRUCTURE – TEMPORARY SIGNS, below.

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

F. An Oversize temporary sign larger than thirty-two square feet (32) but smaller than sixty-four square feet (64) may be authorized for a period of up to fourteen (14) days, and no more than four times per calendar year. Oversize temporary signs of this size must meet the requirements of Section G., below. An Oversize temporary sign larger than sixty-four square feet may be authorized for a period of up to fourteen (14) days, four times per calendar year and must be attached to a building or the side of a trailer so that wind can only impact the sign from its’ face. Any permit for an Oversize temporary sign shall be in an amount equal to two times the amount of a temporary sign permit as identified in Table 1, below, and no relabeling of such sign is allowed.

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

H. Any permit issued by the Community Development Department does not become valid until such time as the temporary sign, as approved with each application, is delivered to the department offices for inspection and labeling. Such labeling will be designed to allow inspection by the department from the roadway, but not unnecessarily detract from the sign. Any temporary sign installed without such labeling, or without re-labeling if previously approved; or not in the location as contained in the application shall be subject to immediate removal by the department. If the sign has never been reviewed and approved pursuant to an application, the party installing the sign shall pay a fee equal to two times the required permit fee and must submit an application for a permit in order to obtain the sign for placement in accordance with the permit. If the sign has been previously approved, but not relabeled, the party installing such

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sign shall pay an amount equal to five times the fee required for relabeling and must submit an application to relabel the sign in order to obtain the sign for placement in accordance with the relabeling permit. Any sign removed by the department is subject to disposal by the department. Any sign removed and no application is on file will be disposed of within ten (10) days. If the sign has been previously permitted, but not relabeled, it will be disposed of within twenty (20) days. Any applicant, or business advertised by a permitted sign, who has such sign removed pursuant to this section will not be eligible for another sign permit until the fees denoted herein are paid in full and the disposal of a sign hereunder by the city does not eliminate the requirement to pay the fees. The accrual of fees under this section shall be cumulative, in that any applicant or business advertised by such removed signs shall pay the required fees for each such sign removed prior to the issuance of a new permit. The Community Development Department shall maintain records of the type and number of signs removed for each such advertised business or applicant.

I. Real Estate Signs, as defined herein are exempt from the requirements of obtaining a permit.

Table 1, Fee Structure – Temporary Signs

Type of Material Original Application Fee Relabeling FeeFlexible Materials* $25.00 $5.00Rigid Materials** $10.00 $5.00

*Flexible materials shall include vinyl, paper and cardboard.

**Rigid materials shall include wood, metal, plastic, corrugated cardboard and coroplast.

SECTION 400.510: PERMANENT SIGNS:

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

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

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

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

2. A description of the sign, including the size, color and layout of the sign ( a computerized ‘proof’ of the sign is recommended); the design of the supporting structure or fastening systems for said sign; the materials intended for use in constructing any supporting structure or fastening systems; electrical wiring plans, if

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necessary for the sign, and any design loads or other engineering calculations necessary to ensure compliance with the version of the building code in effect at the time the permit is submitted.

3. A list of all other permanent signs located on the real property.4. A check for the fee as required in Table 2, FEE STRUCTURE – PERMANENT

SIGNS, below.

The following permanent sign structural design types are allowed in the City of Smithville. Ground Signs, Pole Signs, Wall Signs, Projecting Signs and Roof Signs. Each of these designs is subject to the design and construction requirements of Section 400.515. of this Chapter. Any other structural design types not identified herein are expressly prohibited.

An application for a Replacement sign shall include, in addition to the information required for a permanent sign, information to allow staff to verify that the sign meets the definition of a Replacement Sign and be accompanied by a check for the fee as required in Table 2, Fee Structure- Permanent Signs, below.

Table 2, Fee Structure- Permanent Signs

Replacement Signs $25.00Wall Signs $125.00Projecting Signs $125.00Ground Signs $250.00Roof Signs $250.00Pole Signs $1,000.00Electronic, LED or Digital Signs SEE 400.525

SECTION 400.515 DESIGN AND CONSTRUCTION:

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

SECTION 400.520: SIGNS PERMITTED PER ZONING DISTRICT LOT:

The Zoning Districts for the City of Smithville are defined as follows:

A-1 and A-R - AgriculturalR-1A, B and D - Single Family ResidentialR-2 - Two Family ResidentialB-1 - Mixed Use Business DistrictB-2 - Highway Business DistrictB-3 - General Business District

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B-4 - Central Business DistrictI-1 and 2 - Industrial Districts

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

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

R-1 and R-2 zoned land is allowed one temporary sign per building lot, with a maximum size of the display area of any sign shall be sixteen square feet (16ft.2) for all signs except home occupations signs, which are limited to two square feet (2ft.2). One permanent sign (wall, ground, projecting or roof) per lot may be authorized on property in these districts, but only on lots where a special use permit for non-residential structures was approved in accordance with City requirements, or where a non-residential structure is present and constitutes a legal, non-conforming use. The maximum height of any such sign shall be eight (8) feet, and if illuminated, must limit lighting to only that necessary to illuminate the sign and no such light shall be directed off-site. Additionally, one pole sign may be authorized but only after receiving a Special Use Permit from the City of Smithville in accordance with the regulations contained in Section 400.630 - Special Use Permits.

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

R-3 Multiple Family Districts, B-1, B-2 and B-3 Business District and I-1 and I-2 Industrial District zoned land that contains more than one building or business on the lot is allowed a total of two Wall, Projecting or Roof Signs per tenant or business, as well as one Temporary sign per tenant or business, and one Ground or Pole Sign for the entire lot. The maximum display area of the permanent signs shall be limited to ten (10) percent of the portion of the façade associated with the business or tenant. If two such signs are attached to the same façade, the total area of the two signs combined shall be no more than ten (10) percent of the portion of the façade associated with the business or tenant. In no event shall any of these signs be larger than sixty-four square feet (64ft.2). The ground or pole sign associated with such lots may contain multiple

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display areas, with no more than one display area for each business or tenant on the lot. The maximum display area for each such business or tenant shall be no larger than sixty-four square feet (64ft2). In no event shall the total area of the display areas exceed four hundred square feet (400ft.2), and each individual tenant or businesses display area shall be no greater than the percentage of leased or used square feet of the tenant or business of the total building square footage on the entire lot. The percentage of square footage allowed shall be calculated based upon the actual available display area on the sign as constructed.

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

SECTION 400.525: Electronic, LED or Digital Signs:

A. Electronic Message Centers, Electronic Scrolling Text, Electronic Pricers, Digital or LED signs can be either stand-alone signs or may constitute one display area of an otherwise permissible or permitted sign, and are allowed in the R-3, B-1, B-2, B-3, I-1 and I-2 Districts. An application for a permit under this section shall include all information required in Section 400.510, and, in addition to such information the following additional information shall be submitted:

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

2. The location of and the method(s) of adjusting the light intensity for such sign.3. The specifications for the photocell/light detector feature.

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

C. Electronic signs are allowed in the B-4 zoning district, so long as the signs meet the requirements in subsections A. and B, above, as well as the following additional requirements:

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1. The sign will not illuminate from the message display area past 10:00 p.m.2. The sign will be located so as to minimize its’ impact onto residentially used

properties adjacent to or across road rights of way from such sign.

D. Electronic signs may be authorized in the R-1 and R-2 zoning districts but only after receiving a Conditional Use Permit from the City of Smithville in accordance with the regulations contained in Section 400.570 – Conditional Use Permits.

E. The fees for an Electronic, LED or Digital Sign shall be in addition to any fees in Section 400.510 and are as follows:

1. For all signs that produce single color, numeric only displays where the current display is only changed by a manual function: $175.00

2. For all signs that produce single color, alpha-numeric displays and may be automatically changed without a manual entry: $275.00

3. For all signs that produce multiple colors: $375.00.

SECTION 400.530: ILLUMINATION OF SIGNS:

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

SECTION 400.535: MAINTENANCE:

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

SECTION 400.540: EXEMPTIONS:

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

1. Painting, re-painting or cleaning of an advertising structure or the changing of the advertising copy or message on a sign that is designed to allow frequent message alteration

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thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

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

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

4. Political signs as defined herein.

5. Real Estate signs as defined herein.

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

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

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

9. Open or closed signs for the business establishment.

10. Credit card and burglar alarm signs or decals.

11. Garage Sale, Yard sale signs.

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

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

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

Article IV Amendments, Appeals and Variances

Division 1 Amendments and Conditional Use Permits

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SECTION 400.550: GENERAL PROVISIONS

A. Authority. The Governing Body of Smithville may, by ordinance, amend, supplement, change, modify or repeal these regulations and the district boundaries. No such amendment or change shall be adopted by the Governing Body until the Planning Commission has held a public hearing and submitted its recommendation.

B. Proposal Of Amendments. Amendments may be initiated by the Governing Body, the Planning Commission or upon application by the owners of the property affected.

C. Applications. When the owner of the property affected initiates an amendment to the regulations or the district boundaries, an application for such amendment shall be obtained from the Secretary of the Planning Commission. Said application shall be completed in its entirety and filed with the Secretary of the Planning Commission so that a public hearing date can be established.

D. Certified Ownership List. The application for an amendment shall be accompanied by an ownership list either certified by a registered abstractor or compiled by the applicant from County records, listing the legal description and name and address of the owners of all property located within one hundred eighty-five (185) feet of the boundaries of the property for which the zoning change is requested.

E. Fees. For the purpose of defraying the costs of the amendment proceedings, an application review fee shall be charged. Upon the filing of each application for a change of district boundaries or classification, a deposit toward the application review fee shall be paid as follows:

Residential District Classification $125

All Other District Classifications $175

The application review fee shall be in an amount so as to reimburse the City for the cost of public notices, certified letters, map reprinting, as well as engineering and legal costs incurred in reviewing and approving the applicant's request.

F. Disposition Of Amendment Proposals. Upon receipt of a proposed amendment for the Governing Body or an application for an amendment from the owner of the property affected, the Planning Commission shall hold a public hearing on the proposed amendment and forward to the Governing Body its findings and recommendations with respect to the proposed amendment. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1530 §1, 3-8-94; Ord. No. 1996-01 §4, 4-17-01; Ord. No. 2064-02 §1, 3-19-02; Ord. No. 2326-04 §3, 11-16-04)

SECTION 400.555: HEARINGS

A. Public Hearing. The Planning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with or initiated by it. The Planning Commission shall select a reasonable hour and place for such public hearing and it shall hold such hearing on the next regular meeting for which a public hearing may be scheduled from the date on which the proposed

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amendment is referred to, filed with or initiated by it. The Chairman may schedule special meetings from time to time with approval of the City Administrator.

B. Notice Of Hearing. Public notice of a hearing on a proposed amendment shall be published by the City once in the official City newspaper and at least fifteen (15) days shall elapse between the date of the publication and the date set for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed change in regulations or restrictions or the zoning classification or zoning district boundaries of any property or the boundaries of any zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classification and the proposed classification. When a proposed amendment will affect the zoning classification of specific property, the City shall mail a written notice of the public hearing thereon containing the same information as the published notice thereof to the owner or owners of the property affected and to the owners of all property within one hundred eighty-five (185) feet of the boundaries thereof at least fifteen (15) days prior to the date of such hearing. The Planning Commission may give such additional notice to other persons as it may from time to time provide by its rules.

C. Conduct Of Hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning Commission may from time to time prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning Commission may request a report on any person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the offices of the Planning Commission at least three (3) days before the date set for the public hearing. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1530 §1, 3-8-94)

SECTION 400.560: ACTION BY THE PLANNING COMMISSION

A. Recommendations. Upon the conclusion of the public hearing, the Planning Commission shall prepare and adopt its recommendations and shall submit the same, together with a record of the hearing thereon, to the Governing Body. Said recommendation may be for approval, disapproval or approval in part and reasons for the recommendation shall be included.

B. Amendments To The Text. When a proposed amendment would result in a change in the text of these regulations but would not result in a change of zoning classification of any specific property, the recommendation of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:

1. Whether such change is consistent with the intent and purpose of these regulations;

2. The areas which are most likely to be directly affected by such change and in what way they will be affected; and

3. Whether the proposed amendment is made necessary because of changed or changing conditions in the areas and zoning districts affected or in the area of jurisdiction of such changed or changing conditions.

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C. Amendments Of Zoning District Classifications. When a proposed amendment would result in a change in zoning classification of any specific property, the Planning Commission shall make findings of fact on the extent to which the application is found to be compatible with the following:

1. Character of the neighborhood.

2. Consistency with the City's Comprehensive Plan and ordinances.

3. Adequacy of public utilities and other needed public services.

4. Suitability of the uses to which the property has been restricted under its existing zoning.

5. Length of time the property has remained vacant as zoned.

6. Compatibility of the proposed district classification with nearby properties.

7. The extent to which the zoning amendment may detrimentally affect nearby property.

8. Whether the proposed amendment provides a disproportionately great loss to the individual landowners nearby relative to the public gain. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1530 §1, 3-8-94)

SECTION 400.565: ACTION BY THE GOVERNING BODY

A. Adoption Of Amendments. The Governing Body shall consider the request at their next regular meeting. Upon receipt of the recommendation of the Planning Commission and any protest petitions that have been submitted, the Governing Body shall consider the application and may approve the recommendations of the Planning Commission or take whatever action it deems necessary.

B. Protest. If a written protest against a proposed amendment shall be filed in the office of the City Clerk within seven (7) days after the date of the action by the Planning Commission on a proposed amendment, which protest is duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, then such proposed amendment shall not be passed except by a two-thirds (2/3) vote of the Governing Body.

C. Approved Action. If the Governing Body approves an application, it shall adopt an ordinance to that effect.

If the official Zoning Map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official Zoning Map to be changed to reflect such

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amendment and shall amend the Section of the ordinance incorporating the same and shall reincorporate such map as amended. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1530 §1, 3-8-94)

SECTION 400.570: CONDITIONAL USE PERMITS

A. Definition. "Conditional Uses" are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation or nature of business may prove detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established within this Section.

B. Procedure. The consideration of a Conditional Use permit application shall be handled in the same manner as a zoning amendment regarding the requirement for public hearing, notices, protests and action by the Planning Commission and Governing Body.

The filing deposit for a Conditional Use permit shall be one hundred seventy-five dollars ($175.00). The deposit will be applied to the required application review fee which shall be in an amount to reimburse the City for the cost of public notice, certified letters and engineering and legal expenses incurred in reviewing and approving the applicant request.

C. Minimum Requirements. A Conditional Use permit shall not be granted unless specific written findings of fact directly upon the particular evidence presented support the following conclusions:

1. The proposed Conditional Use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.

2. The proposed Conditional Use at the specified location will contribute to and promote the welfare or convenience of the public.

3. The proposed Conditional Use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

4. The location and size of the Conditional Use, the nature and intensity of the operation involved in or conducted in connection with it and the location of the site with respect to streets giving access to it are such that the Conditional Use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the Conditional Use will so dominate the immediate neighborhood, consideration shall be given to:

a. The location, nature and height of buildings, structures, walls and fences on the site, and

b. The nature and extent of landscaping and screening on the site.

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5. Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

6. Adequate utility, drainage and other such necessary facilities have been or will be provided.

7. Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

D. Additional Requirements. In granting a Conditional Use, the City may impose such conditions, safeguards and restrictions upon the premises benefited by the Conditional Use as may be necessary to reduce or minimize any potentially injurious effect of such Conditional Uses upon property in the neighborhood and to carry out the general purpose and intent of these regulations. The following additional conditions shall be a requirement for the approval of the following Conditional Uses:

1. Swimming pools.

a. Shall be located at least ten (10) feet from the nearest property line.

b. Shall be walled or fenced as to prevent uncontrolled access by children from the street or any adjacent property.

c. Shall be screened by a solid or semi-solid wall or fence at least six (6) feet but no more than eight (8) feet high and no closer than four (4) feet from any edge of the pool; and having a density of not less than eighty percent (80%) per square foot, where the property on which the pool is located abuts a residential district.

2. Feedlots.

a. Operation.

(1) Manure shall be removed or disposed of in one (1) of the following manners:

(a) Spraying or spreading on land followed by disking or plowing.

(b) Grinding or dehydrating in properly designated dehydrators.

(c) Stockpiling in a compost plant in an isolated area in such a manner as to not create a water pollution problem.

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(2) Insect and rodent control shall be performed through the use of chemical sprays and positions in accordance with procedures and recommendations of a biologist experienced in insect and rodent control.

b. Drainage.

(1) All ground surfaces within pens shall be so graded and compacted to insure positive drainage.

(2) Surface runoff shall be so controlled that no appreciable amount of soil or manure is carried into any roadway ditch or drainage area where it will deposit and form sludge bands where flies and mosquitoes can breed or create water pollution.

3. Kennels--breeding and boarding.

a. The minimum lot size shall not be less than two (2) acres.

b. No kennel buildings or runs shall be located nearer than seventy-five (75) feet to any property lines.

c. All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick or stone wall, louvered wood, stockade or chain link fence with aluminum strip intertwined or other equivalent fencing providing a sight barrier to the dogs.

4. Auto wrecking yards, junk yards, salvage yards and scrap processing yards.

a. Shall be located on a tract of land at least three hundred (300) feet from a residential district zone.

b. The operation shall be conducted wholly within a non-combustible building or within an area completely surrounded on all sides by a fence or wall at least eight (8) feet high. The fence or wall shall be of uniform height, uniform texture and color and shall be so maintained by the proprietor as to insure maximum safety to the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in such a manner as to retain all scrap, junk or other material within the yard. No scrap, junk or other salvaged materials may be piled so to exceed the height of this enclosing fence or wall.

c. No junk 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.

d. Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the Fire Department, except when prohibited by the State Board of Health.

5. Short term loan establishment.

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a. At the time of original approval, no such establishment shall be located within one (1) mile of another short-term loan establishment or pawnshop. This separation distance shall be measured from the point on the outer wall of the building housing each establishment that is closest to the other establishment.

b. At the time of original approval no such establishment shall be located within one (1) mile of a hotel or motel.

c. At the time of original approval no such establishment shall be located within one thousand (1,000) feet of any establishment that sells any intoxicating beverages, school, religious institution, senior citizen or public housing development, museum or a property or district which has been designated as a landmark or historic district.

d. Such establishment shall be operated only as a principal use of a property and shall not be accessory to any other use. A short-term loan establishment shall not operate any accessory uses.

e. At the time of original approval, no such establishment shall be located on a lot contiguous with or directly across the street or an alley from any property zoned "R-1", "R-2", "R-3", "R-4" or "R-5".

f. Signage shall be limited to only one (1) wall or fascia sign on any building wall with total square feet of area of advertising copy not to exceed five percent (5%) of the total square feet of area of such wall. In multiple story buildings, the total height of the wall shall not exceed twenty (20) feet for computation purposes. No incidental, temporary, changeable copy, digital equipment displays, revolving, flashing, blinking, animated, movement by mechanical means or roof signs advertising such establishment shall be allowed.

g. Paving and screening of the parking area shall be as required by ordinance.

h. The applicant shall demonstrate that there shall be no negative impact act on properties within five hundred (500) feet of the proposed establishment.

i. The permit shall be limited to a two (2) year period but may be renewed by the Board of Aldermen after a public hearing; provided however, at the time of renewal, the applicant shall demonstrate that the establishment has not had a negative impact of the properties within five hundred (500) feet and that the establishment has complied with the Property Maintenance Code.

6. Outpatient facilities. Outpatient facilities for the treatment of alcohol and other drug abuse if the facility meets all of the following conditions:

a. If a residential facility has not more than six (6) persons residing in the building at one time;

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b. The exterior appearance of the treatment facility shall reasonably conform to the exterior appearances of other dwellings in the vicinity; and

c. A treatment facility shall not be located closer than five thousand two hundred eighty (5,280) feet to any other substance abuse treatment facility.

7. Telecommunications facilities.

a. In addition to the general Conditional Use permit requirements established by the Smithville Zoning Ordinance, telecommunications facilities, as defined herein, shall be subject to the following requirements except for telecommunications facilities subject to administrative approval as defined and specified herein.

b. The purpose of this Chapter is to establish general guidelines for the siting of towers and antennas for commercial wireless telecommunications. The following goals are identified for the purpose of considering Conditional Use permits for telecommunications facilities:

(1) Encourage the location of towers in non-residential areas and minimize the total umber of towers throughout the community.

(2) Encourage strongly the joint use of new and existing tower sites.

(3) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(4) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

(5) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

c. For the purpose of interpreting and/or granting Conditional Use permits for telecommunications facilities, the following definitions shall be used:

(1) Alternative tower structure. Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(2) Act. The Communications Act of 1934, as it has been amended from time to time, including by the Telecommunications Act of 1996, and shall include future amendments to the Communications Act of 1934.

(3) Affiliate. When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator or operators principal partners, shareholders or owners of some other ownership interest; and when used in relation to the City/County, any agency, board, authority

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or political subdivision affiliated with the City/County or other person in which the City/County has a legal or financial interest.

(4) Antenna. Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whips but not including satellite earth stations.

(5) Antenna height. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

(6) Antenna support structure. Any pole, telescoping mast, tower tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

(7) Band. A clearly defined range of radio frequencies dedicated to a particular purpose.

(8) Broadcast. To transmit information over the airwaves to two (2) or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.

(9) Cell site. A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s) and parking and may include other uses associated with an ancillary to cellular communication transmission.

(10) Cellular service. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

(11) Cellular telecommunications. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.

(12) Cellular telecommunications facility. A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

(13) Channel. A segment of a frequency band. Also referred to simply as frequency.

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(14) Co-location. Locating wireless communications equipment from more than one (1) provider on a single site.

(15) Common carrier. A public radio service in which a single licensee provides one-way or two-way service to multiple users.

(16) Communication tower. A guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication.

(17) Communications facility. A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequencies signals. Communications facilities include structures or towers and accessory buildings.

(18) Communications transmission system or communications system. A wired communications transmission system, open video system or wireless communications transmission system regulated by this Code.

(19) Cross bar. A structure at or near the top of the low power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).

(20) Digital technology. Digital technology converts voice and data messages into digits that represent sound intensities at specific points of time and data content.

(21) Directional antenna. An antenna or array of antennas designed to concentrate a radio signal in a particular area.

(22) Dish antenna. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

(23) Effective radiated power (ERP). The product of the antenna power input and the numerically equal antenna power gain.

(24) Enhanced specialized mobile radio (ESMP). A specialized mobile radio network, which utilizes integrated digital enhanced network.

(25) FAA. The Federal Aviation Administration.

(26) FCC. The Federal Communications Commission.

(27) Freestanding low power mobile radio service facility. A low power mobile radio service telecommunications facility that consists of a stand-alone support structure,

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antennas and associated equipment. The support structure may be a wooden pole, steal monopole, lattice tower, light standard or other vertical support.

(28) Frequency. The number of cycles completed each second by a sound wave measured in hertz (Hz).

(29) Governing authority. The governing authority of the City/County.

(30) Guyed tower. A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

(31) Interference. Disturbances in reception caused by intruding signals or electrical current.

(32) Land mobile systems. Two-way radio service for mobile and stationary units in which each user is assigned a particular frequency.

(33) Lattice tower. A guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.

(34) License. The rights and obligations extended by the City/County to an operator to own, construct, maintain and operate its system within the boundaries of the City/County for the sole purpose of providing services to persons or areas outside the City/County.

(35) Low power commercial mobile radio network. A system of low power commercial telecommunications facilities which allow wireless conversation to occur from site to site.

(36) Low power commercial mobile radio service. Including:

(a) Profit,

(b) Interconnected to public switch network,

(c) Available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public and must propose to or has developed multiple networked sites within the region.

(37) Low power telecommunications facility. An unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power (ERP) including, but not limited to, the following:

(a) Point-to-point microwave signals.

(b) Signals through FM radio translators.

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(c) Signals through FM radio boosters under ten (10) watts effective radiated power (ERP).

(d) Cellular, enhanced specialized mobile radio (ESMR) and personal communications networks (PCN).

(e) Private low power mobile radio service.

(38) Lower power mobile radio service telecommunications facility. A facility which consists of equipment for the reception, switching and transmission of lower power mobile radio service communications.

(39) MHZ. Megahertz or one million (1,000,000) Hz.

(40) Microcell. A low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.

(41) Microwave. Electromagnetic radiation with frequencies higher than one thousand (1,000) MHz; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.

(42) Microwave antenna. A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.

(43) Mobile and land based telecommunication facility. Whip antennas, panel antennas, microwave dishes and receive-only satellite dishes and related equipment for wireless transmission with low wattage transmitters not to exceed five hundred (500) watts from a sender to one (1) or more receivers such as for mobile cellular telephones and mobile radio system facilities.

(44) Monopole tower (aka self-support tower). A communication tower consisting of a single pole constructed without guy wires and ground anchors.

(45) MW/cm2. Microwatts per square centimeter; a measurement of the radio frequencies hitting a given area.

(46) Omni-directional antenna (aka whip antenna). An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it is designed.

(47) Panel antenna (aka sector antenna). An antenna that transmits signals in specific directions and are typically square or rectangular in shape.

(48) Personal communications services (PCS). Digital wireless telephone technology such as portable phones, pagers, faxes and computers. Such mobile technology

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promises to allow each consumer to use the same telephone number wherever he or she goes. Also known as personal communications network (PCN).

(49) Private low power mobile radio service. All other forms of wireless telecommunications which have similar physical facilities to a low power commercial radio service but do not meet the definition of commercial mobile radio service.

(50) Public property. Any real property, easement, right-of-way, air space or other interest in real estate, including a street, owned or controlled by the City/County or any other governmental unit.

(51) Repeater. A low power mobile radio service telecommunications facility that extends coverage of a cell to areas not covered by the originating cell.

(52) Roof and/or building mount facility. A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face.

(53) Self-support tower. A communication tower that is constructed without guy wires and ground anchors. (Examples could include lattice and monopole tower types.)

(54) Specialized mobile radio (SMR). A mobile radio which is utilized in conjunction with an enhanced special mobile radio network, which includes dispatch and interconnect services.

(55) Telecommunications. The transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(56) Telecommunications facility. Consists of the equipment and structures involved in the transmission, between or among points as specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(57) Tower. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structure and the like.

(58) VHF. Very high frequency with bands from thirty (30) to three hundred (300) MHz; includes FM radio, VHF--TV (Channels 2 to 13) and some land mobile and common carriers.

(59) Wavelength. The distance between point of corresponding phases of a periodic wave of two (2) constant cycles. Wavelength equals wave velocity/frequency.

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d. All telecommunications facilities shall comply with the following requirements.

(1) Radio frequency radiation. The tower and facilities shall meet all Federal Communications Commission requirements for radio frequency emissions.

(2) Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then it is the responsibility of the carrier to promptly comply with said regulations.

Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(3) Building codes/safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may order the removal or cause the removal of such tower at the owner's expense.

(4) Removal of abandoned towers. Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense. The owner shall provide the City with a copy of the notice to the FCC of intent to cease operations and shall be given ninety (90) days from the date of ceasing operations to remove the obsolete tower and accessory structures. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The equipment on the ground is not to be removed, however, until the tower structure has first been dismantled and removed.

(5) Amateur radios and receive-only antennas. This Chapter shall not govern any tower or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a Federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(6) As-built plans. Within sixty (60) days of completion of the initial construction and any additional construction, each facility owner shall furnish two (2) complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to this Chapter.

(7) Inspection. At least every twenty-four (24) months, the tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection

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of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. A copy of such inspection record shall be provided to the City.

(8) Underground placement of cables, wires and facilities. In all areas of the City where the cables, wires and other like facilities of public utilities exist underground or are required by the City to be placed underground, an operator shall also place its cables, wires or other facilities underground.

(9) Disturbances. In the case of any disturbance to a street or other public property caused by an operator during the course of constructing or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or other public property disturbed in as good or better condition as before the disturbance in accordance with applicable Federal, State and local laws, rules, regulations or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the Director of Public Works as being weakened or damaged as a result of a cut or to other invasion of the pavement of a street or other public property.

e. Towers and antennas shall comply with the following standards.

(1) Permitted by right. Antennas may locate on any legally existing tower, provided however, that any associated equipment buildings shall be subject to final development plan approval. All ground-mounted equipment would be subject to final plan approval.

(2) Administrative approval. The Community Development Director may administratively approve installation of antennas on existing structures in zoning categories "B-2", "B-3", "I-1" and "I-2" provided said antennas and associated equipment meet the following requirements:

(a) Antennas shall not exceed the height of the existing structure by more than ten (10) feet.

(b) Antennas installed on an existing building shall be finished or painted a color similar if not identical to the exterior of said building.

(c) The total number of antennas on a building may not exceed six (6).

(d) The total number of antennas on a structure other than a building or tower may not exceed three (3).

(e) All associated equipment shall be completely obstructed from view from the ground.

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Administrative approval shall be in effect provided said installation meets the above requirements. In the event that an installation fails to meet any of the above requirements, administrative approval shall be immediately revoked.

(3) Conditional Use permits. A Conditional Use permit is required to construct a tower, antenna support structure, communication tower, guyed tower, lattice tower, monopole tower, repeater or self-support tower in zoning districts "A-1", "B-2", "B-3", "R-4", "I-1", "I-2" and "PUD" and on public lands, public and private parks, golf courses and as a secondary use on facilities otherwise exempt from the Zoning Code.

(4) Not permitted. No form of tower, antenna support structure, communication tower, guyed tower, lattice tower, monopole tower, repeater or self-support tower is permitted in zoning districts "R-S", "R-1", "R-2", "R-3", "B-1" and "B-4".

(5) Height and setback limitations.

(a) Towers permitted by Conditional Use permit shall not exceed a maximum height of one hundred (100) feet. Fifty (50) additional feet may be added, at the discretion of the Planning Commission and Board of Aldermen, to accommodate co-location if the applicant submits information certifying the capacity of the tower for two (2) additional providers and a letter of intent from the applicant indicating their intent to share space. A lightning rod not to exceed ten (10) feet shall not be included within the height limitations.

(b) Setbacks shall be equal to one and one-half (1½) the antenna height unless an engineer certifies the fall zone will be within the setback area proposed. Guy wires and other support devices shall be no closer than twenty (20) feet from any lot line.

(c) Setbacks for towers on a roof/structure may be as high as the distance to edge of the roof/structure; or the height of an equivalent ground-mounted tower may be used for a roof/structure-mounted tower if the setbacks for a ground tower are satisfied.

(6) Separation. In zoning districts other than industrial districts, towers over ninety (90) feet in height shall not be located with one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height.

(7) Co-location. If a tower is constructed, it shall be three (3) times the capacity of intended use in order that secondary users could lease the balance of the tower capacity at a reasonable rate. Proof must be presented to the City that there are no other suitable sites within a one (1) mile radius of the proposed tower site.

(8) Aesthetics. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers should be a galvanized finish or painted gray or light blue unless other standards are required by the FAA. In all cases, monopole towers shall be preferable to guyed towers or freestanding structures. Towers

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should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

(9) Antennas on structures other than towers. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Microwave antennas exceeding twelve (12) inches in diameter on a roof or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed.

(10) Accessory equipment storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the communication tower, unless repairs to the tower are being made.

(11) Screening and fencing. The base of the tower shall be screened from view with a solid screening fence a minimum of six (6) feet in heights. The materials of the fence, including any proposed razor wire or other security wire, shall be subject to the review and approval of the Planning Commission and/or Board of Aldermen. The Planning Commission and/or Board of Aldermen shall have the ability to waive the required screening wall where the design of the accessory building is architecturally compatible to the primary use of the property.

(12) Design. Facility colors and designs should be compatible with surrounding buildings and/or uses in the area or those likely to exist in the area and should prevent the facility from dominating the surrounding area.

(13) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the lease disturbance to the surrounding views. Security lighting around the base of a tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

(14) Landscaping. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether by the Planning Commission and/or Board of Aldermen.

(15) Parking area and drives. All parking areas and drives associated with the communications tower shall comply with applicable provisions for such facilities in each zoning district.

(16) Accessory use provisions. Accessory uses shall include only such buildings and facilities necessary for transmission functions and satellite ground stations associated

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with them, but shall not include broadcast studios, offices, vehicle storage area or other similar uses not necessary for the transmission function.

f. In addition to all other application requirements, Conditional Use permit applications for telecommunications facilities shall be required to provide the following:

(1) Written authorization from the property owner of the proposed tower site.

(2) A site plan:

(a) Drawn to scale.

(b) Showing the property boundaries.

(c) Showing any tower guy wire anchors and other apparatus.

(d) Existing and proposed structures.

(e) Scaled elevation view.

(f) Access road(s) location and surface material.

(g) Parking area.

(h) Fences.

(i) Location and content of (any or warning) signs.

(j) Exterior lighting specifications.

(k) Landscaping plan.

(l) Land elevation contours.

(m) Existing land uses surrounding the site.

(n) Proposed transmission buildings and/or other accessory uses with details including:

(i) Elevations.

(ii) Proposed use.

(3) A written report including:

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(a) Information describing the tower height and design.

(b) A cross section of the structure.

(c) Engineering specifications detailing construction of tower, base and guy wire anchorage.

(d) Information describing the proposed painting and lighting schemes.

(e) Information describing the tower's capacity, including the number and type of antennas that it can accommodate.

(f) Radio frequency information as listed below:

(i) Existing ambient Rf radiation.

(ii) Existing plus proposed facility Rf radiation.

(iii) Estimated cumulative Rf radiation including likely co-locations.

(iv) Certification that Rf radiation measurements meet FCC guidelines.

(4) All tower structural information to be certified by a license PE.

(5) Information indicating an acceptable area or radius in which a site could be located to provide services similar to the proposed facility. Based upon said information, applicant may be asked to explain why other sites deemed to be preferable by the Planning Commission and/or Board of Aldermen were not selected. Explanations may include, but not be limited to:

(a) Refusal by current tower owner.

(b) Topographic limitations.

(c) Adjacent impediments blocking transmission.

(d) Site limitations to tower construction.

(e) Technical limitations of the system.

(f) Equipment exceeds structural capacity of facility or tower.

(g) No space on existing facility or tower.

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(h) Other limiting factors rendering existing facilities or towers unusable.

Note: A pre-application meeting with staff and/or the Planning Commission and/or Board of Aldermen to discuss possible alternatives is encouraged and may be mutually beneficial.

(6) An inventory of capacity on existing towers in the area.

(7) A photo simulation of the proposed facility from effected residential properties and public rights-of-way as coordinated with the Planning Staff.

(8) A signed statement from the applicant indicating their intention to share space on the tower with other providers.

(9) Additional information as requested by the Planning Commission and/or Board of Aldermen.

In certain instances, there may be need for expert review by a third (3rd) party of the technical data submitted by an applicant. Such a technical review shall be paid for by the applicant. Review is intended to report on technical aspects of proposed location but not to provide a subjective review of the site requested. Review will address accuracy, completeness, applicability and validity of data submitted. Applicant will be notified in advance of said review and allowed to provide written comments regarding the need for and cost of such a review.

g. Penalties. This Chapter shall be in full force and effect upon its enactment and approval and any person found to be in violation of any of the provisions of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day of violation. (Ord. No. 711 §§1--5, 3-13-78; Ord. No. 1355 §1, 12-11-90; Ord. No. 1530 §1, 3-8-94; Ord. No. 1722-97 §3, 4-15-97; Ord. No. 1996 §1, 4-17-01; Ord. No. 2326-04 §4, 11-16-04; Ord. No. 2584-07 §1, 10-16-07; Ord. No. 2614-08 §3, 2-19-08)

Division 2 Non-Conformities

SECTION 400.575: NON-CONFORMITIES

A. GENERALLY. Non-conformities are of three (3) types: non-conforming lots of record, non-conforming structures and non-conforming uses. A definition of each type is as follows:

1. Non-conforming lot of record. A lot which is part of a recorded plat prior to the original adoption of Subdivision Regulations in the City and neither said lot nor parcel complies with the lot width or area requirements for a permitted use in the district in which it is located.

2. Non-conforming structure. An existing structure which does not comply with the lot coverage, height or yard requirements which are applicable to new structures in the zoning district in which it is located.

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3. Non-conforming use. An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located. (Ord. No. 711 §§1--5, 3-13-78)

B. NON-CONFORMING LOTS OF RECORD

The Zoning Administrator shall issue a zoning certificate for any non-conforming lot of record provided that:

1. Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations, and

2. Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations, and

3. Said lot can meet all setback requirements for the district in which it is located, and

4. Said lot can connect with a public sewer system or can meet the minimum sanitary sewer requirements of the City. (Ord. No. 711 §§1--5, 3-13-78)

C. NON-CONFORMING STRUCTURES

1. Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations, may be continued, so long as it remains otherwise lawful.

2. Enlargement, Repair, Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.

3. Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

4. Moving. No non-conforming structure shall be moved in whole or in part for any distance whatever to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved. (Ord. No. 711 §§1--5, 3-13-78)

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D. NON-CONFORMING USES

1. Authority To Continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.

2. Ordinary Repair And Maintenance.

a. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a non-conforming use.

b. Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.

3. Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:

a. Extension of such use to any structure or land area other than that occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming).

b. Extension of such use within a building or other structure to any portion of the floor area that was not occupied by such non-conforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become non-conforming); provided however, that such use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

4. Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

5. Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

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6. Moving. No structure that is devoted in whole or in part to a non-conforming use and no non-conforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

7. Change In Use. If no structural alterations are made, any non-conforming use of a structure or structure and premises may be changed to another non-conforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with Section 400.605(B).

8. Abandonment Or Discontinuance. When a non-conforming use is discontinued or abandoned for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

9. Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.

10. Non-Conforming Residential Uses. Notwithstanding the provisions of Subsections (C) and (D), any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.580: STATUS OF CONDITIONAL USES

A. Status Of Existing Conditional Uses. Where a use exists at the effective date of these regulations and is permitted by these regulations only as a conditional use in the zoning district in which it is located, such use shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district as provided by prior approval.

B. Status Of Future Conditional Uses. Any use for which a conditional use permit has been issued, as provided in these regulations, shall not be deemed to be a non-conforming use, but shall, without further action, be deemed a lawful conforming use. (Ord. No. 711 §§1--5, 3-13-78)

SECTION 400.585: CERTIFICATE OF OCCUPANCY

A. Affidavit Of Use. The owner of a non-conforming building or use shall certify by affidavit to the Zoning Administrator that said building or use was made non-conforming by the passage of these regulations. Upon acceptance of the affidavit, the Zoning Administrator shall issue a

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certificate of occupancy for said non-conforming use or building. Such certificate shall designate the location, nature and extent of such non-conformance.

B. Violation Of Existing Codes. If, upon review of the affidavit, any violation of previous or existing ordinances or codes is found to exist, the Zoning Administrator shall not issue said certificate of occupancy and shall declare such use to be in violation of these regulations and shall act accordingly.

C. Illegal Use. Any use not in conformance with these regulations and on which no certificate of occupancy has been issued shall be presumed to be an illegal use and shall be prosecuted accordingly. (Ord. No. 711 §§1--5, 3-13-78)

Article V Administration, Boards and Commissions

Division 1. Administration of Zoning Code

SECTION 400.600: ZONING ADMINISTRATOR -- AUTHORIZATION – DUTIES

A. Authorization. A Zoning Administrator shall be appointed by the Governing Body. The Zoning Administrator shall be authorized to expend such funds to employ deputies and clerical assistants and to carry out his duties under these regulations as shall be approved from time to time by the Governing Body.

B. Duties Of The Zoning Administrator. The Zoning Administrator or his duly designated and acting deputy shall enforce these regulations and, in addition thereto and in furtherance of said authority, he shall:

1. Approve and issue all zoning and occupancy certificates and make and maintain records thereof.

2. Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of the zoning regulations.

3. Receive, file and forward to the Board of Adjustment the records in all appeals and all other applications.

4. Maintain permanent and current records of the zoning regulations including, but not limited to, all zoning maps, amendments, conditional uses, variances, appeals and applications therefore and records of hearings thereon.

5. Prepare and have available in book, pamphlet or map form on or before March thirty-first (31st) of each year:

a. The compiled text of the zoning regulations and amendments thereto, including all amendments adopted through the preceding December thirty-first (31st), and

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b. A zoning map or maps showing the zoning districts, divisions and classifications in effect on the preceding December thirty-first (31st).

6. Maintain for distribution to the public a supply of copies of the zoning map or maps, the compiled text of the zoning regulations and the rules of the Board of Adjustment.

7. Provide such clerical, technical and consultative assistance as may be required by the Planning Commission, Board of Adjustment and other boards, commissions and officials in the exercise of their duties relating to these regulations.

SECTION 400.605: ZONING AND OCCUPANCY CERTIFICATES

A. Zoning Certificates. Unless a zoning certificate shall first have been obtained from the office of the Zoning Administrator:

1. The construction, building, moving, remodeling or reconstruction of any structure shall not be commenced;

2. The improvement of land preliminary to any use of such land shall not be commenced; and

3. Any zoning certificate issued in conflict with the provisions of these regulations shall be null and void.

B. Application For Zoning Certificate. Every application for a zoning certificate shall be accompanied by the following:

1. A plat, in duplicate, of the piece or parcel of land, lot, lots, block or blocks or parts or portions thereof drawn to scale showing the actual dimensions of the piece or parcel, lot, lots, block or blocks or parts or portions thereof according to the recorded plat of such land.

2. A plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the Zoning Administrator showing the location, ground area, height and bulk of all present and proposed structures, drives and parking lots, the building lines in relation to lot lines, waste disposal areas, the use to be made for such present and proposed structures on the land and such other information as may be required by the Zoning Administrator for the proper enforcement of these regulations.

One (1) copy of both the plat and the plot plan shall be retained by the Zoning Administrator as a public record.

C. Issuance Of Zoning Certificate. A zoning certificate shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal.

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D. Period Of Validity. A zoning certificate shall become null and void six (6) months after the date on which it is issued unless within such six (6) month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

E. Occupancy Certificates. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the Zoning Administrator certifying that the proposed use of occupancy complies with all the provisions of these zoning regulations.

1. Application for occupancy certificate. Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no zoning certificate is required shall be filed with the office of the Zoning Administrator and be in such form and contain such information as the Zoning Administrator shall provide by general rule.

2. Issuance of occupancy certificate. No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be issued until such work has been completed and the premises inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the zoning certificate was issued. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the Zoning Administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six (6) months from its date pending the completion of any addition or during partial occupancy of the premises. At the discretion of the Zoning Administrator, an escrow agreement may be required prior to the issuance of a temporary occupancy permit. An occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued within ten (10) days after the receipt of an application therefore or after the office of the Zoning Administrator is notified in writing that the structures or premises are ready for occupancy.

SECTION 400.610: VIOLATION AND PENALTY

A. Violations. If any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of these regulations, the City, in addition to other remedies, may institute any appropriate action to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the Zoning Administrator or any other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to

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be inspected and examined and to order, in writing, the remedy of any condition found to exist therein or thereat in violation of any provision of this Chapter.

B. Penalty. The owner or general agent of a building or premises where a violation of any provision of the regulations of this Chapter has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist; or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and no more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of the regulations made here under authority of this act in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

Division 2. Zoning Board of Adjustment

SECTION 400.625: BOARD OF ADJUSTMENT

A. Authority. The Board of Adjustment previously established and its members and their respective terms shall be continued, subject to the provisions of Chapter 89, RSMo.

B. Membership. The Board of Adjustment shall consist of five (5) members who shall be residents of the City and shall be appointed by the Mayor with the approval of the Board of Aldermen for terms of five (5) years. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year.

C. Proceedings. The Board shall adopt rules and regulations to govern its proceedings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon the question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.

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D. Powers And Duties. The Board of Adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the City Planner in the enforcement of the Zoning Code or any ordinance adopted pursuant thereto. In this capacity, the Board exercises appellate jurisdiction as a quasi-judicial body and its task is to determine what the ordinance means and how the ordinance applies to a particular fact situation;

2. To hear and decide all requests for variances from the strict and literal enforcement of the provisions of this Article. A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of the provisions of this Article would, due to the special conditions peculiar to a particular parcel and not the intended use, result in unusual difficulty or hardship;

3. To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Chief Building Official in the enforcement of any of the Building Codes or ordinances adopted pursuant thereto. In this capacity, the Board exercises appellate jurisdiction as a quasi-judicial body and its task is to determine what the ordinance means and how the ordinance applies to a particular fact situation;

4. To hear and decide all matters referred to it or upon which it is required to pass under this Article;

5. Further, the Board shall have the power, when passing upon appeals or variances where the specified standards for granting such have been met, to vary or modify the application of any of the regulations or provisions of this Article relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the Article shall be observed, public safety and welfare secured and substantial justice done.

E. Hearings Before The Board Of Adjustment. In carrying out the powers and duties of the Board, the Board shall hold a hearing on all items before it. The Board shall fix a time for the hearing within thirty (30) days following receipt of an appeal or variance request, give public notice of such hearing, by publication, one (1) time in an official newspaper or a newspaper of general circulation in the City at least fifteen (15) days prior to the date of said hearing. Additionally, the Board shall notify, by regular mail, the owners of all property within one hundred eighty-five (185) feet of the property for which the appeal or variance has been filed. The party in interest and any person notified above shall have an opportunity to be heard. Any party may appear at the hearing in person or by agent or by attorney. Following the hearing, the Board shall decide the appeal or variance within sixty (60) days following receipt of the appeal or variance.

F. Burden On Applicant. The applicant for an appeal or variance shall bear the burden of producing evidence establishing the grounds of the appeal or the necessity of the variance.

G. Appeal From Decision Of The Board.

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1. Any person or persons, including any officer, department, board or bureau of the City, jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of the County in which the property is situated a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days of the issuance of the Board's decision.

2. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order.

3. The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

4. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence as it may direct and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

5. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.

H. Fees For Filing Appeal Or Variance. At the time of filing of an appeal or variance to the Board of Adjustment, the appellant shall pay to the City a non-refundable deposit of three hundred fifty dollars ($350.00) for the application review fee and costs. The application review fee consists of a filing fee of three hundred fifty dollars ($350.00), as well as an amount necessary to reimburse the City for the cost of a certified court reporter, recording fees, publications, postage, writs, determination of ownership interests, as well as engineering and legal costs incurred in reviewing the application. Said deposit shall be collected by the Chief Building Official or City Planner and no appeal or variance shall be heard or considered until said deposit is paid.

SECTION 400.630: APPEALS

A. When Appeals May Be Taken. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Chief Building Official or City Planner. Such appeal shall be taken within five (5) days from the date of the decision to be appealed by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds. The officer(s) from whom

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the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

B. Extent Of The Board's Appeal Powers. In exercising its powers, the Board may, in conformity with the provisions of this Article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Chief Building Official or City Planner or to decide in favor of the applicant or to affect any variation to the Zoning Code.

C. Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

D. Decision On Appeals. The Board shall render decisions only on appeals from an action of the Chief Building Official or City Planner. The Board shall take action only when it has determined that a permit has been incorrectly issued or denied or when it has determined that the ordinance has been incorrectly interpreted. In no case shall the Board consider or decide an appeal from an action of the City Council or Planning and Zoning Commission, nor shall it render decisions or rulings which have the effect of repealing or amending this Article. In all cases, the spirit and intent of this Article shall be observed, public safety and welfare secured and substantial justice done.

SECTION 400.635: VARIANCES

A. Extent Of The Board's Variance Powers. In exercising its powers, the Board may grant a variance in the following instances.

1. Permitting the erection of a building or portion of a building to a height in excess of the limits prescribed for the district or districts in which the building or portion of the building is located.

2. Permitting such modifications of a yard, lot area or lot width requirements as may be necessary to secure appropriate improvements of a parcel of land where such parcel was separately owned on the date of the passage of the ordinance and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such modification.

3. Permitting the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Article.

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4. From the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, required yard areas and other required open space.

5. From the applicable minimum requirements for lot size, width and depth and setbacks from lot lines.

6. From the applicable off-street parking and off-street loading requirements and ratios.

In all cases, the Board may, in conformity with the provisions of this Article, approve or deny the variance request in whole or part as deemed necessary to conform with the standards for variances.

B. Standards For Variances. The Board of Adjustment shall not vary the regulations of this Article as authorized above unless and until the Board shall make written findings based upon the particular evidence presented to it in each specific case that:

1. The particular physical surroundings, shape or topographical condition of the specific property involved would result in an unnecessary hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out;

2. The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning classification;

3. The alleged hardship has not been created by any person presently having an interest in the property;

4. The granting of the variance will not be detrimental to the public health, safety or welfare or to other property, improvements or the character in the neighborhood which the property is located; and

5. The granting of the variance is in keeping with the purpose of the zoning district for which the property is located and in keeping with the City's Comprehensive Plan.

C. Use Variance Not Authorized. The Board of Adjustment shall not be empowered to vary any of the provisions of this Article relating to the permitted or conditional use of land, buildings or structures in specific zoning districts.

D. Application Requirements. Any person seeking a variance shall submit an application to the Chief Building Official. The application shall be made on a form prescribed by the Chief Building Official and accompanied by filing fee as required in Section 400.625(H). The application shall be accompanied by the following information:

1. The particular provisions or requirements of this Article which prevent the proposed construction on or use of the property.

2. The existing zoning district classification.

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3. The special conditions, circumstances or characteristics of the land, building or structure that prevent compliance with this Article.

4. The particular hardship which would result if the specified provisions or requirements were to be applied to the subject property.

5. The extent to which it would be necessary to vary the requirements of this Article in order to permit the proposed construction on or use of the property.

6. An explanation of how the requested variance conforms to each of the standards set out in Section 400.635(B).

7. A site plan describing the property boundaries, the existing and proposed structures and setbacks.

8. Any other information as directed by the Board or the Chief Building Official to be deemed necessary for the Board to make an appropriate decision.

E. Extent Of Variance Limited. The Board, in exercising its authority to grant variances from this Article, shall be empowered to vary the provisions of this Article only to the extent necessary to relieve or alleviate the demonstrated hardship.

F. Conditions And Restrictions. The Board may impose any such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this Article to reduce, minimize or mitigate the effect of such variance upon other property in the neighborhood and better to carry out the general intent of the Article. Failure to comply with any such conditions and restrictions shall constitute a violation of this Article.

G. Notice Of Decision. After the hearing and making a decision, the Board shall file its written decision on the requested variance, supported by findings of fact and conclusions of law and list of Sections varied with respect to the standards in Section 400.635(B), with the Chief Building Official. The Chief Building Official shall mail, by first-class mail, a copy of the decision to the applicant and each other person who requests in writing to be notified.

H. Duration And Validity Of Variance. No order of the Board of Adjustment granting a variance shall be valid for a period of longer than one (1) year from the date of such order unless the action that precipitated the request for the variance (subdivision of land, construction, change in use, etc.) is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the variance was granted.

Division 3. Planning Commission

SECTION 400.650: PLANNING COMMISSION -- MEMBERSHIP -- TERMS -- VACANCY – REMOVAL

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The Planning Commission of the City of Smithville, Missouri, shall consist of seven (7) members including:

1. The Mayor, if the Mayor chooses to be a member;2. A member of the Board of Aldermen, if the Board of Aldermen choose to have a

member serve on the Planning Commission; and3. Not more than seven (7) nor less than five (5) citizens appointed by the Mayor

and approved by the Board of Aldermen subject to the numeric limit and elections provided above. All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods so that succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. The Board may remove any citizen member for cause stated in writing and after public hearing.

SECTION 400.655: STATUTORY PROVISIONS

The City Planning Commission shall operate under and by the provisions of 89.300 through 89.490 RSMo. 1986, as amended.

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