[Ord. No. 1687 §1, 6-27-2007]
A. 
Permitted Uses. The following are permitted uses in the "AG" Agricultural District:
1. 
Agricultural farming, dairy farming, livestock and poultry raising, forestry and all other uses commonly classified as agricultural, but excluding feed lots and sales or auction yards and auction barns.
2. 
"Agri-tainment" uses such as providing viewing, tours and activities to the general public related to farming and agriculture.
3. 
Apiaries, aviaries and fish hatcheries.
4. 
Veterinary medicine offices, animal hospitals or kennels, provided that the buildings and pens are two hundred (200) feet from the property lines.
5. 
Forest and wildlife reservations or small conservation uses.
6. 
Recreational facilities including, but not limited to, a lake, swimming pool, tennis court, riding stables or campgrounds.
7. 
Public park or playground.
8. 
Public building or facility erected by a governmental agency.
9. 
Golf course and clubhouse with an unlighted driving range.
10. 
Railroad and utility rights-of-way including substation or pumping station operated for commercial purposes.
11. 
Single-family dwellings which serve as the principal residence for the owner, operator and/or employees for the permitted agricultural use.
12. 
Cemetery on a site of less than five (5) acres.
13. 
Sewage treatment plants, oxidation basins and related facilities, water supply plants, pumps, reservoirs, wells and elevated storage tanks for the purposes of providing services to the public.
14. 
Breweries, microbreweries, distilleries, microdistilleries and wineries.
[Ord. No. 2323, 11-28-2022]
15. 
Accessory uses incidental to the above uses when located on the same lot.
B. 
Conditional Uses. The following are conditional uses in the "AG" Agricultural District:
1. 
The manufacture and retail sale of agricultural and agriculture-related products.
2. 
Extraction of sand, gravel or other material.
3. 
Clubs, private, on a site of not less than two (2) acres.
4. 
Radio, television or microwave towers, subject to the provisions stated in Section 420.660.
5. 
Logging operation, sawmills and mill storage of lumber.
6. 
Veterinary clinics.
7. 
Bed and breakfast homes, provided that such shall be limited to one (1) bed and breakfast home for every ten (10) acres.
8. 
Centralized yard waste composting facility.
9. 
Facilities used in the research and testing of agricultural products and techniques.
10. 
Temporary roadside stands.
C. 
Prohibited Uses. The following uses are prohibited in the "AG" Agricultural District:
1. 
Any storage, treatment or disposal (as those terms are defined in the laws of the Federal Government and the State of Missouri regulating soil and hazardous wastes) of:
a. 
Any radioactive wastes regulated by laws of the Federal Government or the State of Missouri.
b. 
Any hazardous wastes regulated by the laws of the Federal Government or by the State of Missouri or Gasconade County.
c. 
Auction yards or barns.
D. 
Area Requirements. The use of land and structures within an Agricultural District shall maximize agricultural or agri-tainment productivity and shall encompass a minimum of ten (10) acres.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1455 §1, 12-13-2004; Ord. No. 1493 §1, 4-25-2005; Ord. No. 1860 §1, 12-12-2011; Ord. No. 1962 §1, 2-23-2015; Ord. No. 2012 §1, 6-13-2016]
A. 
Purpose. The "R-1" District is intended to provide for low-density residential development. The district is designed to protect residential areas now developed with single-family detached dwellings and adjoining vacant areas likely to be developed for such purposes. The regulations are designed to stabilize such areas and to promote a suitable environment for family life. For these reasons, the following regulations shall apply.
B. 
General Provisions. Only one (1) dwelling may be located on a single platted lot.
[Ord. No. 2321, 11-28-2022]
C. 
Permitted Uses. The following uses shall be permitted in the "R-1" Single-Family Residential District:
One-family detached dwellings.
One-family, owner-occupied detached dwellings, not enlarged after the effective date of this Chapter, September 6, 1995, for the purpose of accommodating an additional dwelling unit, with one (1) additional dwelling unit occupied by not more than one (1) family within the same building, on the conditions that:
1.
Such building was designed, erected and occupied as a single-family dwelling prior to the effective date of this Chapter, September 6, 1995;
2.
The exterior of that part of the building facing the front lot line is not altered after such effective date to accommodate such additional dwelling unit; and
3.
There is at least one (1) off-street parking space provided for one (1) of the dwelling units.
Customary accessory buildings including private garages, carports, pergolas, swimming pools, fireplaces and similar accessory uses.
Public, private and parochial schools.
Public buildings erected by any public agency except those buildings used primarily for maintenance and storage purposes.
Devices for the metering of electrical, gas or water services to dwellings.
Public parks, playgrounds, cemeteries, swimming pools, community centers, athletic fields and recreation buildings therein; but commercial endeavors are prohibited except as specifically permitted in this Section.
Churches or other places of worship, including religious education buildings, or other associated structures including church signs.
Agricultural uses, including nurseries and truck gardening, provided that no offensive odors or dust or chemical overspray are created and, provided further, that no retail sales shall be permitted, except items grown on the premises or other items incidental thereto.
Temporary buildings to house offices, store equipment, and permit other functions incidental to construction and development activities on or appurtenant to the affected lot or lots, provided that such buildings shall be removed within eleven (11) months after the date of permit for their erection.
One (1) sign not exceeding thirty-six (36) square feet in area referring to the construction, lease, hire or sale of a building, premises or subdivision lot, which sign shall refer to the subdivision or property on which the sign is located and shall be removed as soon as the premises are sold or leased or construction is completed.
Home occupations within any residence otherwise lawfully occupied, as permitted and subject to the regulations in Section 420.700. An unlighted sign of not more than ten (10) square feet in area, and attached flat against the building or set back from the edge of the street/curb, shall be permitted for the purpose of identifying the home occupation business. No portion of the sign shall be less than eight (8) feet from the edge of the street/curb, also, any such signs placed near street intersections shall comply with Section 420.690 of this Code regarding open views at intersections.
Owner-occupied bed-and-breakfast homes.
One (1) unlighted sign not exceeding ten (10) square feet in area, either attached flat to the front of the building or set back from the edge of the street/curb, containing the name of a bed-and-breakfast establishment on the premises. No portion of the sign shall be less than eight (8) feet from the edge of the street/curb; also, any such signs placed near street intersections shall comply with Section 420.690 of this Code regarding open views at intersections.
Banners may only be displayed for non-profit organization events with prior approval from the City Administrator's office for the duration of two (2) weeks prior to the event and must be removed no later than two (2) days after the event. This excludes political signs.
D. 
Prohibited Uses. The following uses shall be prohibited in the "R-1" Single-Family Residential District: bed-and-breakfast inns, guest houses, vacation rentals or homes and any other non-owner-occupied lodging establishments; provided, however, that bed-and-breakfast inns or guest houses (not owner-occupied) authorized per conditional use permit prior to June 27, 2016, may continue to be permitted as a conditional use if the following criteria are met:
1. 
One (1) off-street parking space is provided for each sleeping room or suite.
2. 
The owner of record either lives within ten (10) miles of the bed-and-breakfast inn or guest house or executes a management contract with a manager who lives within ten (10) miles of the bed-and-breakfast inn or guest house.
3. 
All conditions provided in Hermann Municipal Code Section 420.730 are satisfied.
4. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (D)(4), regarding bed-and-breakfast inn or guest house renewals under certain circumstances, was repealed 11-28-2022 by Ord. No. 2326.
5. 
If any property is used as a bed-and-breakfast inn or a guest house in an R-1 District pursuant to a duly issued and unexpired conditional use permit, and if the holder of the permit sells the property or assigns a lease under which the holder was occupying the property to a third party who desires to continue to use the property as a bed-and-breakfast inn or a guest house, then the third party must apply for a new conditional use permit in his or her own name. The third party must meet all criteria in Subsections (D)(1), (D)(2) and (D)(3) above, upon initial application and subsequent renewal of the permit.
6. 
Failure to report and pay any bed tax or sales tax on any guest rooms in a bed-and-breakfast inn or guest house when they became due shall result in the immediate revocation of a conditional use permit.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1455 §2, 12-13-2004; Ord. No. 1494 §1, 4-25-2005; Ord. No. 1860 §2, 12-12-2011; Ord. No. 1954 §2 12-8-2014; Ord. No. 2181, 2-10-2020]
A. 
Purpose. The "R-2" District is designed to allow higher-density residential development while retaining the residential character and stability necessary for a suitable environment for family life. For these reasons, the following regulations shall apply.
B. 
General Provisions. Only one (1) dwelling may be located on a single platted lot.
[Ord. No. 2321, 11-28-2022]
C. 
Permitted Uses. The following uses shall be permitted in the "R-2" Two-Family Residential District:
Any use permitted in the "R-1" District.
Bed and breakfast homes.
Bed and breakfast inns, guest houses, vacation rentals or any other non-owner occupied lodging establishments that meet the same criteria set forth in the definition of bed and breakfast inn (Section 420.010) so long as such use was in effect on February 10, 2020, and the use has not been discontinued for a period of six (6) months or more.
Two-family dwellings.
Planned residential uses, including mobile homes in accordance with the provisions of Section 420.180, "R-P" Planned Residential Districts.
D. 
Conditional Uses. The following uses shall be allowed by conditional use permit only: bed-and-breakfast inns, guest houses, vacation rentals or any other non-owner occupied lodging establishments which were not in operation as of February 10, 2020; provided, however, that the owner or manager shall live within ten (10) miles of the lodging establishment.
[Ord. No. 2205, 9-28-2020]
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1455 §2, 12-13-2004; Ord. No. 1860 §2, 12-12-2011; Ord. No. 2181, 2-10-2020]
A. 
Purpose. The "R-3" Multiple-Family Residential District is designed to allow a high density residential development designed specifically for duplexes, apartments and dwellings in groups, commonly referred to as "row houses" or "town houses".
B. 
Permitted Uses. The following uses shall be permitted in the "R-3" Multiple-Family Residential District:
Any use permitted in the "R-2" District.
Apartment houses.
Bed and breakfast inns, guest houses, vacation rentals or any other non-owner occupied lodging establishments that meet the same criteria set forth in the definition of bed and breakfast inn (Section 420.010) so long as such use was in effect on February 10, 2020, and the use has not been discontinued for a period of six (6) months or more.
Clubs, lodges and meeting places for other organizations.
Rooming and boarding houses but not hotels and motels.
Clinics for human care, nursing homes and homes for the aged.
Parking structures and lots.
Electric substations, public utility pumping stations, and water and sewage treatment facilities.
C. 
Conditional Uses. The following uses shall be allowed by conditional use permit only: bed-and-breakfast inns, guest houses, vacation rentals or any other non-owner occupied lodging establishments which were not in operation as of February 10, 2020; provided, however, that the owner or manager shall live within ten (10) miles of the lodging establishment.
[Ord. No. 2205, 9-28-2020]
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1312 §1, 8-31-1999; Ord. No. 1371 §1, 2-11-2002; Ord. No. 1456 §1, 12-13-2004; Ord. No. 1860 §4, 12-12-2011; Ord. No. 1954 §312-8-2014
A. 
Purpose. The "C-1" District is designed to provide convenient retail, finance, food and beverage processing, personal services and entertainment areas to meet the needs of the citizens of Hermann and the Hermann trade territory with a minimum of adverse effect on surrounding residential land uses.
B. 
Permitted Uses. The following uses shall be permitted in the "C-1" General Commercial District:
[Ord. No. 2181, 2-10-2020]
Any use permitted in the "R-1," "R-2" or "R-3" Districts
Antique shops
Appliance stores
Art galleries or museums
Automotive parts sales establishments
Bakeries whose products are sold at retail on the premises
Banks and savings and loan companies
Barber, beauty shops, nail salon, tattoo parlor, body piercing, tanning beds or similar appearance maintenance/enhancement establishments
Bed and breakfast homes
Bed and breakfast inns, guest houses, vacation rentals or any other non-owner-occupied lodging establishments
Bicycle rental and repairs
Clothing or wearing apparel shops
Clubs, lodges and meeting places for other organizations
Delicatessens
Drugstores
Eyeglass stores or dispencaries
Farm feed stores
Fitness centers
Funeral homes and mortuaries
Gift, florist and music stores
Grocery stores, specialty food markets and supermarkets
Health spas and massage therapy establishments
Hobby or craft shops
Hotels
Jewelry stores
Laundry and dry cleaning establishments
Lumber, hardware and paint stores
Medical marijuana dispensary facility, which shall be subject to all "C-1" Zoning District regulations and Code Section 420.040(B).
[Ord. No. 2175, 11-25-2019]
Medical and dental offices and clinics
Microbreweries
Microdistilleries
[Ord. No. 2098, 3-26-2018]
Miscellaneous trades and businesses, such as plumbing and heating, upholstering, sheet metal shops and sign paint shops; provided that all materials and supplies are stored in an orderly fashion within an enclosed area
Parking structures and lots
Printing, publishing and related trades
Professional offices exemplified by, but not limited to those lawyers, architects, engineers, accountants, etc. and offices of financial, insurance, real estate and philanthropic organizations
Public transportation terminal facilities
Residential or out-patient facilities for the treatment of alcohol and other drug abuse
Restaurants and taverns but excluding drive-in eating establishments
One (1) sign no greater than twenty-four (24) square feet in area and the maximum of thirty (30) square feet of signage if multiple signs are displayed, unless attached to the structure and parallel to the surface to which attached, limited to those listing the name of businesses permitted under this Section or products, activities or services offered on the premises
Shoe repair shops
Small craft-type manufacturing establishments having less than 3,000 square feet of space dedicated to producing the following products principally by hand or hand tools:
Blacksmith
Blown glass
Candles
Ceramics
Leaded/stained glass
Leather working shops
Picture frames
Wooden staved barrels
Woodworks or furniture
Wrought iron or other metal crafts
Specialty food shops, sweet shops, coffee shops, tea rooms, etc.
Stores or shops for the conducting of a convenience-type retail business but excluding gasoline service stations
Studios for artists, photographers, teachers, sculptors, musicians, etc.
Theaters, bowling alleys, billiard parlors, video rental stores and other commercial recreation establishments
Warehouses and storage buildings
Wineries and distilleries licensed for operation by all necessary regulatory agencies, provided that the facilities are located on a site which contains a minimum area of two (2) contiguous acres
Banners may be displayed for non-profit organization events with prior approval from the City Administrator's office for the duration of two (2) weeks prior to the event and must be removed no later than two (2) days after the event.
Commercial establishments shall be allowed one (1) banner which shall only depict the name of the establishment or advertising for items, events, products or services unique to the premises. These banners shall be no more than twenty-four (24) square feet in size and shall be removed no later than two (2) days after the conclusion of the event/activity, but in no case shall these banners be displayed for more than sixty (60) continuous days. These banners shall be allowed only upon approval from the City Administrator's office. The banner shall also be well-maintained and properly secured at all times during its display. No product logos or trademarks shall be depicted on these commercial banners.
No banners shall be allowed in the Market Street Parkway area, defined to include that entire area bound to the north by the south line of First Street, to the south by the north line of Third Street, to the west by the east line of the southbound lane of Highway 19 and to the east by the west line of the northbound lane of Highway 19. Also, no banners shall be allowed at the Gerald Engemann Memorial Parking Lot at Lots 1 and 2, Block 5 of West Wharf Street, per the plat of the Original Town of Hermann, including, but not necessarily limited to, the parking lot area, landscaped area, walls, buildings and fences.
[Ord. No. 2132, 3-11-2019]
Any other use which is determined by the Commission to be of the same general character as the above permitted uses but not including any use which is first permitted in the "C-2," "I-1" or "I-2" Districts.
C. 
Conditional Uses. The following uses shall be permitted in the "C-1" General Commercial District upon applying for and receiving a conditional use permit:
Liquor sales for outdoor consumption on site for more than twelve (12) days per year.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1456 §2, 12-13-2004; Ord. No. 1860 §5, 12-12-2011]
A. 
Purpose. The "C-2" Highway Commercial District is designed to encourage the functional grouping of those commercial enterprises catering to either "local" or "through" highway travelers.
B. 
Permitted Uses. The following uses shall be permitted in the "C-2" Highway Commercial District:
Any use permitted in the "C-1" District.
Auto body shops.
Automatic car wash establishments.
Automotive sales and service establishments.
Contractors' yards and related establishments, such as building material yards and equipment storage, but excluding concrete and asphalt batch plants.
Drive-in eating establishments.
Farm, yard and garden implement sales and repair establishments.
Frozen food lockers.
Gasoline service stations including those in which repair work is a part of the business, provided that no part of the structure shall be used for dwelling purposes.
Medical marijuana dispensary facility, which shall be subject to all "C-2" Zoning District regulations and Section 420.040(B).
[Ord. No. 2175, 11-25-2019]
Motels and motor-hotels.
Non-flashing signs of all types, no greater than forty (40) square feet in area unless attached to the structure and parallel to the surface to which attached, limited to those listing the name of businesses permitted under this Section, or products, activities or services offered on the premises.
Sales lots for new and used boats and recreational vehicles.
Sales lots for new and used cars and other motorized vehicles.
Sales lots for new and used mobile homes.
Trucking or motor freight stations or terminals.
Veterinary medicine offices, animal hospitals or kennels.
Wholesale lumberyards including incidental mill work.
Any other use which is determined by the Commission to be of the same general character as the above permitted uses but not including any use which is first permitted in the "I-1" or "I-2" Districts.
C. 
Conditional Uses. The following uses shall be permitted in the “C-2” Highway Commercial District upon applying for and receiving a conditional use permit:
[Ord. No. 2325, 11-28-2022]
1. 
Liquor sales for outdoor consumption on-site for more than twelve (12) days per year.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1371 §1, 2-11-2002; Ord. No. 1446 §1, 11-8-2004; Ord. No. 1860 §6, 12-12-2011]
A. 
Purpose. The "I-1" Light Industrial District is designed to provide sites for light industrial activities requiring some heavy machinery which, under control, would minimize the effect on nearby residential and commercial districts.
B. 
Permitted Uses. The following uses shall be permitted in the "I-1" Light Industrial District:
Any use permitted in the "C-1" or "C-2" Districts, except that none of the following uses may be commenced or the structure within which such use is to be conducted be constructed or first renovated or substantially modified to accommodate such use after January 1, 2002: single-family dwellings, multiple-family dwellings, apartment houses, planned residential uses, rooming and boarding houses, bed and breakfast homes and bed and breakfast inns, and public, private or parochial schools.
Bottling plants.
Manufacture or assembly of medical and dental equipment, drafting and optical instruments, watches, clocks, toys, musical instruments, novelties, metal stamps, and electrical or electronic apparatii.
Assembly of small component parts for farm implements, aircraft and automobiles and trucks, such as generators and carburetors.
Ice manufacturing plants.
Manufacturing and maintenance of electric and neon signs, billboards, commercial advertising structures and light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves and similar products.
Manufacturing, compounding, processing, packaging or treatment of bakery goods, candy, cosmetics, perfumes, pharmaceuticals and toiletries.
Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.
Non-retail medical marijuana facilities, which all shall be subject to all "I-1" Zoning District regulations and Section 420.040(B).
[Ord. No. 2175, 11-25-2019]
Industrial research laboratories.
Other uses which in the opinion of the Commission are of similar character with respect to the emission of dangerous and offensive elements to the uses listed above.
Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.
C. 
The above listed uses are permitted in the "I-1" District as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke or vibration.
D. 
Conditional Uses. The following uses shall be permitted in the Light Industrial District upon applying for and receiving a conditional use permit:
[Ord. No. 2325, 11-28-2022]
1. 
Liquor sales for outdoor consumption on-site for more than twelve (12) days per year.
[Ord. No. 1212 §1, 9-6-1995; Ord. No. 1446 §2, 11-8-2004]
A. 
Purpose. The "I-2" Industrial District is designed to provide areas for medium to heavy industrial endeavors to locate, operate and provide employment opportunities in the City of Hermann without damaging the environment or character of the City.
B. 
Permitted Uses. The following uses shall be permitted in the "I-2" Industrial District:
Any use permitted in the "I-1" District.
Bulk stations for propane and butane gas.
Manufacture, compounding, processing, packaging or treatment of dairy and food products, except fish products, sauerkraut, vinegar and yeast, and except the rendering or refining of fats or oils.
Meat and poultry processing and packing.
Non-retail medical marijuana facilities, which all shall be subject to all "I-2" Zoning District regulations and Code Section 420.040(B).
[Ord. No. 2175, 11-25-2019]
Ready-mix concrete plants.
Sandblasting or cutting.
Sawmilling and the manufacture of wood products and novelties or sawdust products.
Stone and monument works.
Welding and machine shops.
Other uses which in the opinion of the Commission are of similar character with respect to the emission of dangerous and offensive elements to the uses listed above.
Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.
C. 
The above listed uses are permitted in the "I-2" District as long as the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas, smoke or vibrations.
D. 
Permitted As A Conditional Use Only. The following uses shall be permitted in the "I-2" industrial District upon applying for and receiving a conditional use permit:
Liquor sales for outdoor consumption on site for twelve (12) days or less per year (including, but not necessarily limited to, festivals or special events). Conditions of use would be assigned by the Board of Aldermen concurrent with its issuance of a temporary liquor license and would include hours of operation, maximum occupancy, restroom requirements, acceptable noise (or music) limits, or any other condition required to minimize adverse affects on the surrounding area. Failure to meet or maintain the assigned conditions would result in the Board of Aldermen issuing a cease and desist order.
Liquor sales for outdoor consumption on site for more than twelve (12) days per year, provided the conditions imposed by the Board of Aldermen pursuant to Code Section 420.730 are maintained.
[Ord. No. 1212 §1, 9-6-1995]
A. 
Purpose. The "U-1" Unclassified District is intended to preserve existing open space for future development and to identify those portions of the City that have adverse soil or drainageway characteristics and/or are affected by seasonal flooding, and thus are best suited for preservation as open space or buffers between land uses and are primarily unsuitable for structural development.
B. 
Permitted Uses. The following principal uses shall be permitted in the "U-1" Unclassified District:
Agriculture uses, provided that no offensive odors or dust are created and no retail sales shall be permitted, except items grown on the premises or other items incidental thereto. Such permitted use shall not be construed to include the operation of livestock or poultry confinement or feeding areas, or auctions, public stables, boarding kennels or veterinary clinics, or such similar uses.
Truck gardening, nurseries, and greenhouses, provided that no permanent dwelling units shall be erected thereon unless the tract contains three (3) or more acres.
Airports and landing fields, subject to approval by the Board of Aldermen.
Forests and forestry.
Parks, playgrounds, public and private golf courses, and recreational uses including boat ramps and docks.
Any use erected or maintained by a public agency.
Parking facilities.
Public utility structures and equipment necessary for the operation thereof.
Transmitting stations and towers.
Railroad right-of-way, subject to approval by the Board of Aldermen.
C. 
Accessory Uses. The following accessory uses shall be permitted in the "U-1" Unclassified District:
1. 
Accessory buildings and uses customarily incidental to any of the above uses.
2. 
Bulletin boards and signs pertaining to the lease, hire, or sale of a building or premises, or signs pertaining to any material that is grown or treated within the district; provided however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed, or stored.
[Ord. No. 1212 §1, 9-6-1995]
A. 
"RP-1," "RP-2," and "RP-3" Planned Large-Scale Residential District
1. 
General. Each of the residential districts herein before set forth shall have a separate and distinct counterpart known and herein referred to as a Planned Residential District. A planned district shall be for the purpose of permitting and regulating the uses heretofore permitted in the equivalent district and shall further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards and open spaces, etc., subsequent to approval of the Plan by the Commission. The intent 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 development shall have a minimum area of five (5) acres. In general, the height and bulk of buildings, the amount of open space, light and air, the concentration of population, and the parking and loading requirements shall be equal to those in the corresponding Districts "R-1" to "R-3" inclusive. The uses permitted shall be the same as in the equivalent Districts "R-1" to "R-3" inclusive. Variations and departures from normal practice may, however, be permitted if found by the Commission to be generally consistent with the expressed regulatory scheme set forth in this Chapter. Each building need not face on a public street, and more than one (1) building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and private drives may be permitted in lieu of public streets. A building 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. Any building or portion thereof may be owned in condominium in accordance with Missouri Statutes. The Planned Residential Districts shall be as follows:
Planned District
Equivalent District
"RP-1"
"R-1"
"RP-2"
"R-2"
"RP-3"
"R-3"
2. 
Procedure for rezoning property to a planned large-scale residential district. A tract of land may be zoned "RP-1" through "RP-3" only upon application by the owner or the owner's agent and only upon approval of a development plan for the tract. The proponents of a planned development shall prepare and submit to the Commission a Development Plan containing the following elements:
a. 
The boundaries of the tract to be zoned and the area adjacent for a distance of not less than two hundred (200) feet.
b. 
The existing and, if different, proposed topography of the tract.
c. 
The proposed location and arrangements of buildings, structures, parking areas, existing and proposed streets, drives, and other public ways, public property, drainage and utility easements, landscaping and other features of the proposed development.
d. 
Sufficient approximate dimensions to indicate the relationship between buildings, streets and drives, and property lines.
e. 
Preliminary elevation and plan drawings of proposed buildings if deemed by the Commission to be in the public interest.
3. 
Approval of development plan. The Commission shall advertise and hold a public hearing on the Plan as provided by law. At such time as the Development Plan meets with the approval of the Commission, the same shall be duly approved, properly endorsed and identified, and sent to the Board of Aldermen for action. Upon final approval of the Final Development Plan and the rezoning of the tract as required by law, construction may proceed in conformance with the Plan. Deviation from the Plan shall require a re-submittal to the Commission and Board of Aldermen in the same manner as the original rezoning procedure. The Final Development Plan shall follow all applicable procedures, standards and requirements governing the subdivision of land. No building permits shall be issued until a final plat of the proposed development is approved and recorded.
B. 
"RP-M" Planned Mobile Home Residential District.
1. 
General. A Planned Mobile Home Residential District shall be for the purpose of permitting the establishment of attractive and well-located mobile home courts in the City of Hermann. The intent is to promote the development of sound and well-planned mobile home courts that will not cause a depreciation of adjacent values, create congestion or overcrowding of the land, or in any manner be contrary to the basic intent and purposes of this Chapter. A Planned Mobile Home Residential District shall have a minimum area of one (1) acre and shall abut and have access to a public highway or street. A Planned Mobile Home Residential District may be located in an "R-2" or "R-3" District in the City of Hermann, subject to approval of the Final Mobile Home Residential Plan.
2. 
Procedure for rezoning property to a planned mobile home residential district. The procedure for the rezoning of property to a Planned Mobile Home Residential District shall be the same procedure as is required for rezoning of property to a Planned Large-Scale Residential District. Prior to the rezoning and approval of the Final Mobile Home Residential Plan the Commission and the Board of Aldermen must find that the plan provides for meeting the following minimum requirements:
a. 
Lot area. Each lot within the mobile home court shall have a minimum area of three thousand five hundred (3,500) square feet, with no dimension less than forty (40) feet. No more than eight (8) lots may be located within each acre in the court.
b. 
Width of lot. Each lot within the mobile home court shall have a minimum width of forty (40) feet.
c. 
Spacing of mobile homes. There shall be a minimum distance of twelve (12) feet between any lot line and a mobile home, including any fixture or structure attached thereto or any detached accessory building with an area greater than fifty (50) square feet. No mobile home shall be located closer than thirty (30) feet to the nearest edge of the right-of-way of a public highway or street on which the mobile home court abuts.
d. 
Off-street parking. Off-street parking spaces shall be provided within the Planned Mobile Home Residential District at the rate of two (2) spaces per mobile home.
e. 
Interior streets. All interior streets shall have a minimum right-of-way of forty (40) feet, with curb and gutter, a sealed hard surface, and a minimum of width of a six (6) inch rock base. All other minimum standards for residential streets shall be observed by the developer. If storm sewers are required by the prevailing terrain, it shall be the responsibility of the developer to provide such sewers.
f. 
Utilities. All mobile home units shall be connected to the City sewer and water systems and other municipal utilities.
g. 
Fire hydrants. Fire hydrants shall be located in every mobile home court in accordance with the current specifications of the National Board of Fire Underwriters. In no case shall any mobile home be located further than six hundred (600) feet from a fire hydrant.
h. 
Safety codes. All mobile home installations shall conform to all applicable State and local fire, electrical and building codes.
i. 
Buffer planting. The mobile home court shall be surrounded by a landscape strip of open space thirty (30) feet wide along the street frontage and a well-maintained and heavily planted landscape strip not less than fifteen (15) feet in width along all other property lines.
j. 
Size of mobile home. No mobile home shall be permitted in a Planned Mobile Home Residential District unless it contains at least four hundred (400) square feet of living area.
3. 
Approval of plan. No mobile home shall be placed in a mobile home court until the Final Mobile Home Residential Plan has been approved by the Board of Aldermen and until the street and other physical improvements as shown on the Final Mobile Home Residential Plan have been installed. The Commission and the Board of Aldermen will allow a mobile home development only after determination that the development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood; will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; adequate utilities, access roads, drainage and/or other necessary facilities will be provided; adequate measures will be taken to minimize traffic congestion; and there is a public necessity for this use.
4. 
Reclassification of existing mobile home court. Any mobile home court in existence on the initial effective date of this Chapter, September 6, 1995, may apply to the Commission for recognition pursuant to this Section as a Planned Mobile Home Residential District. If the Commission finds that such existing mobile home court substantially conforms to the requirements of this Section, although not in every respect, such that the purposes of this Section are essentially served, the Commission may recommend to the Board of Aldermen for classification of such park as a Planned Mobile Home Residential District. Upon approval of such classification by the Board of Aldermen, such area shall no longer be deemed a non-conforming use as defined in this Chapter.
5. 
Permitted accessory uses. All uses and accessory uses permitted in the "R-1" Residential District shall be permitted accessory uses in the "RP-M" Planned Mobile Home Residential District. In addition the following accessory uses shall be permitted in the "RP-M" District:
Central laundry and washroom facilities.
Mobile home court office and maintenance building.
[Ord. No. 1212 §1, 9-6-1995]
A. 
General. The "I-1" Light Industrial District herein before set forth shall have a separate and distinct counterpart known and herein referred to as a Planned Industrial District. A planned district shall be for the purpose of permitting and regulating the uses heretofore 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 and open spaces, etc., subsequent to approval of the plan by the Commission and the Board of Aldermen. The intent 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 development shall have a minimum area of five (5) acres. In general, the height and bulk of buildings, the amount of open space, light and air, the concentration of population, and the parking and loading requirements shall be equal to those in the corresponding "I-1" District. The uses permitted shall be the same as in the equivalent "I-1" District. Variations and departures from normal practice may, however, be permitted if found by the Commission to be generally consistent with the expressed regulatory scheme set forth in this Chapter. Each building need not face on a public street and more than one (1) building may be located on a lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings may be grouped in clusters or around courts and private drives may be permitted 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 Large-Scale Industrial District. A tract of land may be zoned "I-P" only upon application by the owner or the owner's agent and only upon approval of a Development Plan for the tract. The proponent of a planned development shall prepare and submit to the Commission a development plan containing the following elements:
1. 
The boundaries of the tract to be zoned and the area adjacent for a distance of not less than two hundred (200) feet.
2. 
The existing and, if different, the proposed topography of the tract.
3. 
The proposed location and arrangements of buildings, structures, parking areas, existing and proposed streets, drives, and other public ways, public property, drainage and utility easements, landscaping and other features of the proposed development.
4. 
Sufficient approximate dimensions to indicate the relationship between buildings, streets and drives, and property lines.
5. 
Preliminary elevation and plan drawings of proposed building if deemed by the Commission to be in the public interest.
C. 
Approval of Plan. The Commission shall advertise and hold a public hearing on the plan as provided by law. At such time as the Development Plan meets with the approval of the Commission, the same shall be duly approved, properly endorsed and identified, and sent on to the Board of Aldermen for action. Upon final approval of the Final Development Plan and the rezoning of the tract as required by law, construction may proceed in conformance with the Plan. Deviation from the Plan shall require a re-submittal to the Commission and Board of Aldermen in the same manner as the original rezoning procedure. The Final Development Plan shall follow all applicable procedures, standards and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development is approved and recorded.
[Ord. No. 1212 §1, 9-6-1995]
A. 
"P-D" Planned Development District.
1. 
General. The regulations set forth in this Section shall apply in the "P-D" Planned Development District. The purpose of the "P-D" District is to permit the development of large tracts of residential, commercial, or industrial land or viable combinations thereof in an orderly, meaningful fashion. It is intended that such development should maximize the potentials of the area and minimize any adverse effects upon adjacent properties.
2. 
Procedure. The owner of any tract of land comprising an area of not less than ten (10) acres may submit to the Commission a plan for the use and development of the entire tract of land. The Commission shall review the conformity of the proposed development with the standards of the City Plan, and with recognized principles of civic design, land use planning, and landscape architecture. The Commission may approve the plan as submitted, or before approval may require that the applicant modify, alter, adjust, or amend the plan as the Commission deems necessary to the end that it preserves the intent and purpose of this Chapter to promote public health, safety, morals, and general welfare. The development plan as approved by the Commission shall then be reported to the Board of Aldermen, which may, after notice and public hearing, approve or disapprove said plan as reported, or may require such changes thereto as it deems necessary to effect the intent and purpose of this Chapter.
3. 
Standards. The land usage, minimum lot area, yard and height requirements, and accessory uses shall be determined by the requirements set out below, which shall prevail over conflicting requirements of this Chapter.
a. 
The minimum yard and height requirements of the zoning district in which the development is located shall not apply except that minimum yards specified in the district shall be provided around the boundaries of the area being developed.
b. 
Uses along the project boundary lines shall not be in conflict with those allowed in adjoining or opposite property. To this end, the Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project.
c. 
A plat of the development shall be recorded regardless of whether a subdivision is proposed, showing building lines, building locations, common land, streets, easements, and other applicable items required by this Chapter or by other provisions of this Code or by State law.
4. 
Deed restrictions. In its review of the plan, the Commission or Board may consider any deed restriction or covenants entered into or contracted for by the developer concerning the use of common land or permanent open space. Common land as referred to herein shall refer to land dedicated to the public use and to land retained in private ownership but intended for the use of the residents of the development unit or the general public.
5. 
Changes from original use. Any subsequent change in the initial permitted use or uses shall be submitted to the Commission for its recommendation and to the Board of Aldermen for its approval prior to the issuance of an occupancy permit.
6. 
Changes and modifications. No change or modification of the plat of any such Planned Development District as to land use, density, and street location or size shall be permitted except by the procedure provided for amendments to this Chapter in Section 420.830. Other changes or modifications, such as locations of buildings, parking lots, and common areas (except streets, etc.), may be made upon application to and approval of the Commission.
[Ord. No. 2175, 11-25-2019]
A. 
Medical Marijuana Dispensary Facilities ("C-1" and "C-2" Districts Only).
1. 
State License Required. All medical marijuana dispensary facilities must have the appropriate license and any other required authorization to operate the medical marijuana dispensary from the Missouri Department of Health and Senior Services to operate in the City. Applicant may seek zoning approval prior to being granted a State license, but no final approval shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such State licensure to remain valid.
2. 
Outdoor Operations And Storage. No outdoor operations or storage shall be allowed.
3. 
Odor Control And Nuisance. Every medical marijuana dispensary facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in such a way as to not create, engage in, or maintain a nuisance as defined in the City Code and Missouri law.
4. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, consumed, or otherwise administered on the premises of any medical marijuana dispensary facility.
5. 
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary facility shall take place between the hours of 9:00 a.m. and 10:00 p.m. Monday — Thursday and Sunday, and from 9:00 a.m. and 1:00 a.m. Friday and Saturday.
6. 
Security. Medical marijuana dispensary facilities shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the medical marijuana dispensary may be present in such facility at any time closed to the public. Medical marijuana dispensary facilities shall have and maintain security systems, equipment, personnel, and procedures at least as stringent as those which are required by State regulations and shall provide proof of such compliance during the site plan review process.
7. 
Display Of License Required. The medical marijuana dispensary facility license issue by the State of Missouri and any and all licenses issued by the City of Hermann shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.
8. 
Additional Requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Code of the City of Hermann, all other Code Sections of the City of Hermann, including, but not limited to the Building Code, the Licenses and Business Code, the Health and Sanitation Code, and the Offenses Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services regulating medical marijuana, including, but not limited to security requirements, lighting, parking, record maintenance and retention and patient verification requirements.
9. 
Transportation Certification. Any medical marijuana dispensary facility that also holds and maintains certification from the Missouri Department of Health and Senior Services as a medical marijuana transportation facility may still locate in the relevant "C" Commercial District so long as the medical marijuana dispensary facility State license remains valid. Any entity that solely holds and maintains a medical marijuana transportation facility certification must locate in the district(s) provided for non-retail medical marijuana facilities.
B. 
Non-Retail Medical Marijuana Facilities (Medical Marijuana Cultivation Facilities, Medical Marijuana-Infused Products Manufacturing Facilities, Medical Marijuana Testing Facilities, And Medical Marijuana Transportation Facilities) ("I-1" and "I-2" Districts Only).
1. 
State License Required. All non-retail medical marijuana facilities must have the appropriate license and any other required authorization to operate the non-retail medical marijuana facility from the Missouri Department of Health and Senior Services to operate in the City. Continued operation in the City shall always require such State licensure to remain valid.
2. 
Outdoor Operations And Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area within the building structure, or if allowed by State regulations, outdoors on the property in an area enclosed by a fence.
3. 
Odor Control And Nuisance. Every non-retail medical marijuana facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in such a way as to no create, engage in, or maintain a nuisance as defined in the City Code and Missouri law.
4. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested, consumed, or otherwise administered on the premises of any non-retail medical marijuana facility except, in a medical marijuana testing facility when being administered for testing purposes as and only to the extent authorized by the State of Missouri Department of Health and Senior Services.
5. 
Hours Of Operation. All Non-retail medical marijuana facilities shall be closed to the public between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time closed to the public, nor at any time while open to the public without being approved entry, logged in by building security personnel and obtaining and displaying a visitor pass.
6. 
Security. Non-retail medical marijuana facilities shall have and maintain security systems, equipment, personnel, and procedures at least as stringent as those which are required by State regulations and shall provide proof of such compliance during the site plan review process.
7. 
Display Of License Required. The non-retail medical marijuana facility license issued by the State of Missouri and any and all licenses issued by the City of Hermann shall be displayed in a prominent place in plain view near the front entrance of the facility as required by State regulations.
8. 
Site Plan Submission, Review, And Approval Required. No non-retail medical marijuana facility shall be allowed unless the applicant submits and has approved a site plan pursuant to the Zoning Code of the City of Hermann.
9. 
Accreditation, Standards, And Procedures — Testing Facilities. Every medical marijuana testing facility shall, at all times, maintain in good standing their accreditation as required by State regulations, and utilize standards and procedures for personnel and for testing medical marijuana in all forms which are at least as stringent as those required by State regulations.
10. 
Additional Requirements. All medical marijuana dispensary facilities shall comply with all generally applicable provisions of the Zoning Code of the City of Hermann, all other Code Sections of the City of Hermann, including, but not limited to the Building Code, the Licenses and Business Code, the Health and Sanitation Code, and the Offenses Code, all provisions of Article XIV, Section 1 of the Missouri Constitution as well as any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services regulating medical marijuana, including, but not limited to security requirements, lighting, parking, record maintenance and retention and patient verification requirements.