City of Higginsville, MO Article V Use Regulations

Section 410.290 Use Table.

[R.O. 2009 §410.290; Ord. No. 2040 §5-1, 9-15-2003]

A. The use table of this Article provides a tabular summary of the land use types allowed within each base zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of conflict between the use regulations of Article V and the zoning district regulations of Article IV, the text of the zoning district regulations shall prevail.

1. Permitted (by right). Uses identified in a zoning district column of the Use Table with a "P" are "permitted by right" and shall be permitted in such zoning district, subject to such conditional use regulations as may be indicated in the "conditions" column and all other requirements of this zoning ordinance.

2. Conditional uses. Uses identified in a zoning district column of the Use Table with a "C" are "conditional uses" and shall be permitted in such zoning district if reviewed and approved in accordance with the standards of this Section. Conditional uses shall be subject to such conditional use regulations as may be indicated in the "use standards" column and all other requirements of this zoning ordinance.

3. Not permitted. Any use not shown as a use permitted by right ("P") or as a conditional use ("C") in a zoning district is specifically prohibited in that district. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Code. Any use not shown as a use permitted by right or conditional use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the "HI" Industrial District subject to the following conditions.

a. The use shall be permitted only to the extent required by law to be permitted;

b. The use shall be approved only as a conditional use, except if by law it is required to be permitted by right;

c. The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Governing Body through a planned use procedure; and

d. The use shall maintain a distance of at least one thousand (1,000) feet from any other such use having the same description.

Section 410.300 Use Standards Chart.

The Use Standards Chart is included as 410 Attachment 1 to this chapter.

Section 410.305 Marijuana.

[Ord. No. 2801, 7-15-2019; Ord. No. 2983, 2-6-2023]

A. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the location and development of facilities intended for the production, testing, and distribution of marijuana/cannabis, as provided in the Missouri Constitution and regulated by the Missouri Department of Health and Senior Services. The intent of these regulations is to protect the public health, safety and community welfare, while allowing the development of centers for the regulated and controlled production, testing, and distribution of Cannabis for medical purposes, while ensuring that the provisions of State and City law are met.

B. Marijuana/Cannabis cultivation centers and marijuana-infused manufacturing facilities, whether medical or otherwise, shall be permitted uses by right in the Agricultural ("AG"), Light Industrial ("LI"), and Heavy Industrial ("HI") zoning districts. Medical marijuana/Cannabis dispensing organizations shall be permitted uses by right in Heavy Industrial ("HI"), Light Industrial ("LI"), Health Service ("HS"), and Highway Commercial ("HC") districts, and permitted as a conditional use in Downtown Commercial ("DC") and General Commercial ("GC") districts. Marijuana testing facilities and marijuana transportation facilities shall be a permitted use by right in Light Industrial ("LI"), Heavy Industrial ("HI"), and Highway Commercial ("HC") districts, and as a conditional use in General Commercial ("GC"), Downtown Commercial ("DC"), and Health Service ("HS") districts.

C. Cultivation centers, manufacturing facilities, testing facilities, transportation facilities and dispensing organizations shall conform to and meet all regulations established by the State of Missouri and the City of Higginsville.

D. Where a conditional use permit is required by this Section, all policies, procedures and standards of Article VIII, Conditional Use Regulations, shall apply, except as otherwise noted in Section 410.310, Use Standards.

E. Signage shall be as permitted under Article XI of this Code.

Section 410.310 Use Standards.

[R.O. 2009 §410.310; Ord. No. 2040 §5-3, 9-15-2003; Ord. No. 2076 §1, 6-21-2004; Ord. No. 2395 §1, 9-7-2010; Ord. No. 2527 §2, 2-3-2014; Ord. No. 2565 §1, 12-15-2014; Ord. No. 2573 §1, 3-2-2015; Ord. No. 2673 § 1, 5-15-2017; Ord. No. 2693, 11-6-2017; Ord. No. 2785, 3-4-2019; Ord. No. 2801, 7-15-2019; Ord. No. 2932, 5-2-2022; Ord. No. 2933, 5-2-2022; Ord. No. 2971, 10-17-2022]

The conditional use standards of this Section shall apply to permitted, conditional uses and accessory uses, as noted.

A. Accessory Uses. Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, unless otherwise stated in this zoning ordinance.

1. Residential Accessory Uses. Residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

a. Fences and walls;

b. For lots of twenty thousand (20,000) square feet or less; garages, carports and off-street parking and loading areas, provided that a detached garage or carport in a residential district shall not cover more than a total of seven hundred fifty (750) square feet, or up to ten percent (10%), of the total lot area, whichever is less;

c. For lots greater than twenty thousand (20,000) square feet; garages, carports and off-street parking and loading areas, provided that a detached garage or carport in a residential district shall not cover more than a total of five percent (5%) of the total lot area;

d. Gardens, provided that they meet the required front yard setbacks of the district in which they are located;

e. Gates And Guard Houses;

f. Guest house or guest rooms, neither of which may include kitchen facilities, 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;

g. Home occupations, subject to the home occupation requirements of this Section;

h. Playhouses, patios, cabanas, porches, gazebos, and similar structures for outdoor use, provided that such structures shall not cover more than five percent (5%) of the total lot area;

i. Radio and television receiving antennas and support structures, not to exceed thirty (30) feet or a height as approved by the City;

j. Recreational and play facilities for residents;

k. Storage of recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage shall be limited to private garages, side or rear yards of private homes and in the driveways of private homes. Stored vehicles or equipment shall not protrude onto public property or obstruct any sidewalks. Recreational vehicles or equipment shall not be stored within required off-street parking spaces. No recreational vehicle shall be used for living or sleeping purposes, while stored on the premises for a period exceeding fourteen (14) days in a calendar year;

l. Storm shelters and fallout shelters;

m. Other necessary and customary uses, determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator to ensure land use compatibility; and

n. Swimming pools, subject to a setback of no less than four (4) feet from a protective fence, no less than four (4) feet in height around the perimeter of the pool; with a self-closing and self-latching gate. Required fencing around swimming pools shall comply with Section 3109 of the 2009 International Building Code, or the most recently adopted version, and Appendix G of the 2009 International Residential Code, or the most recently adopted version.

2. Non-Residential Accessory Uses. Non-residential uses shall include, but not be limited to, the following accessory uses, activities and structures:

a. Cafeterias, dining halls and similar food services, when operated primarily for the convenience of employees, residents, clients or visitors to the principal use;

b. Dwelling units, when located on the second story of a commercial structure located in the "DC" District;

c. Fences and walls;

d. Gates and guard houses;

e. Offices for allowed business and industrial uses, when the office is located on the same site as the principal use;

f. Parking garages and off-street parking areas;

g. Radio and television receiving antennas and support structures;

h. Restaurants, newsstands, gift shops, swimming pools, tennis courts, clubs and lounges, when in a permitted hotel, motel or office building;

i. Sales of goods produced as a part of allowed industrial activities, when on the same site as the principal industrial use;

j. Recycling collection stations, subject to the provisions of Subsection (A)(4) of this Section;

k. The storage of merchandise, when located within the same building as the principal business; and

l. Other necessary and customary uses, determined by the Zoning Administrator to be appropriate, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standard imposed by the Zoning Administrator to ensure land use compatibility.

3. Accessory Use Development And Operational Standards. The following standards shall apply to all accessory uses and structures, unless otherwise specifically provided.

a. Exterior Setback. No accessory structure shall be located within a required exterior setback.

b. Interior (Rear) Setback. Accessory structures shall not be required to comply with the interior rear setback standard that applies to principal uses. Accessory structures shall, however, be set back at least five (5) feet from rear lot lines and shall not be closer to the side lot line than the applicable minimum interior setback.

c. Interior (Side) Setbacks. No accessory structure shall be located within a required interior side setback.

d. Setbacks From Easements. No accessory structure shall be located within any platted or recorded easement or over any known utility.

e. Height. No accessory structure shall exceed the maximum height standards of the underlying district unless specifically authorized.

f. Building Separation. Unless attached to the principal structure, accessory structures shall be located at least five (5) feet from any other structure.

g. Building Coverage. No detached accessory structure shall cover more than ten percent (10%) of the total lot area. Accessory buildings and structures shall be included in the total lot coverage.

4. Recycling Collection Stations. Recycling collection stations shall be allowed as an accessory use, in accordance with the following standards:

a. Maximum Size And Approval Required. Recycling collection stations shall be allowed as an accessory use, only if it does not exceed one thousand (1,000) square feet in area and only if shown on a site plan that has been reviewed and approved in accordance with Article IX.

b. Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way with a six (6) foot tall, one hundred percent (100%) opaque, solid screen, or be wholly contained within a structure.

c. Separation From Residential. Recycling collection station structures shall be located at least one hundred fifty (150) feet from adjacent property zoned "SF-1," "SF-2," "SF-3," "MR" or "MHP."

d. Reverse Vending Machines. Reverse vending machines shall be located or soundproofed, such that the noise of operation is imperceptible from the property line of property zoned or used for residential purposes.

e. Maintenance. An employee, business owner or property owner shall be responsible for keeping the recycling sites in a clean and safe condition, and shall pick up any recycled materials that have blown around the site or adjacent area. All materials shall be stacked properly, within a recycling bin, and be monitored on a frequent basis.

f. Hours Of Operation. A sign shall be posted on the recycling enclosure, stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Zoning Administrator.

g. Signs. A sign shall be posted on the recycling enclosure, stating the hours when collection of materials may be conducted. Collection hours of recyclables shall be determined by the Zoning Administrator.

B. Concentrated feeding operations shall not be permitted.

C. Adult Entertainment Establishments — Both Categories.

1. Adult Entertainment Establishments Enhanced.

a. The enhanced adult entertainment establishments are hereby prohibited in all zoning districts within the City of Higginsville, and no building, structure, premises or land shall be used, constructed, reconstructed, altered or expanded as or for an adult entertainment establishment, enhanced.

2. Adult Entertainment Establishments.

a. Adult entertainment establishments (not enhanced) are permitted only in "GC," "LI" and "HI" Districts.

b. Adult entertainment establishments may not be located within one thousand (1,000) feet of any school, religious assembly, public park, property zoned for residential purposes, day care center, commercial day care, limited day care or other adult entertainment establishment.

c. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the adult entertainment establishment would be operated, to the nearest point on the property line of any school, religious assembly, public park, property zoned for residential purposes, day care center, commercial day care or limited day care located within the City.

D. Bed And Breakfast. Bed and breakfast facilities shall be allowed in "SF-1" Single-Family Residential, "SF-2" Single-Family Residential, "SF-3" Single and Two-Family Residential, "MR" Multi-family Dwelling, "AG" Agricultural, "GC" General Commercial and "DC" Downtown Commercial Districts, by conditional use permit. The following requirements shall apply to all bed and breakfast facilities:

1. The structure in which the bed and breakfast facility is located shall contain no less than two thousand (2,000) square feet of habitable floor area, and shall comply with standards for minimum dwelling size, as required in the "MR" District for multi-family dwellings.

2. The establishment is located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for not more than fourteen (14) consecutive nights.

3. Two (2) off-street parking spaces with one (1) additional off-street parking space, per lodging room, shall be provided and said spaces shall be adequately screened from neighboring property.

4. A time period may be established by the Board of Aldermen for each bed and breakfast establishment.

5. No more than four (4) bedroom units may be provided to guests. The Board of Aldermen may, however, further limit the number of lodging rooms allowed, in order to maintain the character of the neighborhood in which the bed and breakfast facility is located.

E. Cemeteries, Crematories And Mausoleums. The following standards shall apply to cemeteries, crematories and mausoleums:

1. Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street, with ingress and egress so designed as to minimize traffic congestion.

2. Landscape Buffer. A landscape buffer shall be provided along all property lines abutting any "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property pursuant to Article XII.

3. Crematories shall not abut a residential district.

F. Communication Towers. Communication towers shall be subject to the following standards:

1. Intent And Purpose. The purpose of this Subsection is to regulate the placement, construction and modification of communications towers, support structures and antennas, in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. This Section is intended to:

a. Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City;

b. Minimize adverse visual impacts of communications antennas and support through the careful design, siding, landscape screening and innovative camouflaging techniques;

c. Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

d. Maximize the collocation of facilities on any new support structures;

e. Ensure that any new communications tower or structure is located in an area compatible with the neighborhood or surrounding community, to the extent possible;

f. Ensure that regulation of communications towers and structures does not have the effect of prohibiting the provision of personal wireless services, and does not unreasonably discriminate among functionally equivalent providers of such service;

g. This Section will be interpreted and enforced in compliance with the requirements of Sections 67.5092 through 67.5104, RSMo., 47 CFR 1.40001, and any applicable Federal or State limitations on local regulation.

2. Legislative Findings.

a. On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunications services in the United States.

b. The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public.

c. The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89, RSMo., as amended, State Statute and additionally pursuant to its general and specific police powers established by Statute authorizing the regulations herein to protect the public health, safety and welfare.

d. The Federal Communications Commission (FCC) has exclusive jurisdiction over:

(1) The regulation of the environmental effects of radio frequency emissions from telecommunication facilities; and

(2) The regulation of radio signal interference among users of the radio frequency spectrum.

e. Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. The Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.

f. The uncontrolled proliferation of towers in the City is threatened, without adoption of new regulations, and diminished property values, harmed aesthetic quality of the City, and threat to the health, safety and welfare of the public would all result from lack of regulation.

3. General Requirements.

a. The requirements set forth in this Section shall be applicable to all communications towers, antennas and other support structures installed, built or modified after the effective date of this Section the full extent permitted by law, except with respect to collocations, which shall be governed by Subsection (F)(7) below.

b. Building Codes, Safety Standards And Zoning Compliance. The design for a communications tower shall bear the seal of a structural engineer licensed and in good standing with the State of Missouri. The structural engineer shall certify that the tower has been designed such that in the event of structural failure, it shall only fall on the property upon which it has been erected and shall not fall on any neighboring property. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna, tower or support structure shall be erected without verification of zoning compliance and issuance of a building permit.

c. Regulatory Compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other of State or Federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City.

d. Security Fences And Walls. A fence or wall not less than seven (7) feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.

(1) Access to the tower shall be through a locked gate in the required fence or wall.

(2) If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one (1) tree and one (1) shrub shall be required for each thirty (30) linear feet of fence or wall line.

(3) If high voltage is necessary for the operation of the communication tower and if it is present in a ground grid or in a tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER."

e. Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).

f. Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures.

g. Interpretation. This Section will be interpreted and enforced in compliance with the requirements of Sections 67.5092 through 67.5104, RSMo., and 47 CFR 1.40001, and any applicable Federal or State limitations on local regulation.

h. Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Board of Aldermen as part of the conditional use permit approval.

i. Removal Of Obsolete And Unused Towers. All obsolete or unused communication towers shall be removed within twelve (12) months of cessation of use.

j. Advertising. Except for disguised antenna support structure in the form of attachment to an existing and otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Section is prohibited.

k. Design.

(1) Communication towers, except towers owned or operated by the City, shall not exceed one hundred (100) feet unless approved by a conditional use permit.

(2) No two (2) towers, except towers owned or operated by a government entity, shall be located within a one thousand (1,000) foot radius. The distance shall be calculated from the center of the base of the tower.

(3) The design of the tower, compound and building mounted antennas shall maximize use of building materials, colors, textures, screening and landscaping that effectively blend the communication facilities within the surrounding natural setting and built environment.

(4) Landscaping or sight proof fencing shall be required around the base of the communication tower and around ancillary structures, as indicated on a sketch plan. Landscaping shall be required to effectively screen ancillary structures from adjacent development and roadways. Landscaping shall include evergreen trees a minimum of six (6) feet in height. The evergreen trees shall be planted ten (10) foot on center.

(5) Communication towers, excluding stealth towers, shall be set back from any public right-of-way a minimum of fifty (50) feet. Stealth towers shall be set back from a public right-of-way, the minimum setback required by the zoning district in which the tower is located.

(6) All towers, disguised support structures, and related structures, fences and walls shall be separated from the property line of any adjacent property at least a distance equal to one-half (1/2) of the height of the tower or structure.

(7) Antennas on structures, including signage, shall be painted or treated to match the structure to which they are attached. Antennas shall not exceed five (5) feet above the structure, unless additional height is authorized in the conditional use permit approving the antennas.

(8) Towers shall not exceed the height limitation of any overlay zone, as may be adopted by the City.

(9) On-site parking for periodic maintenance and service shall be provided as all antenna or tower locations consistent with the underlying zoning district.

4. Shared Use. All new communication towers shall be constructed to accommodate at least one (1) additional user. Collocation on towers shall be encouraged; the applicant for a permit for a communication tower shall submit a report to show that no viable collocation site exists to meet the applicant's coverage requirement. The report shall address all the existing towers within one (1) mile of the proposed tower location and shall indicate the reasons the existing tower(s) cannot include the proposed tower/antenna for collocation. The report shall include RF frequency coverage map(s) for the proposed tower and the existing towers within the one (1) mile radius. The report shall be signed and certified by an electrical frequency engineer.

5. Obsolete Equipment. Any antenna or other attachment to a communications tower, which is not in use for a period of six (6) months or more, shall be removed by the tower owner.

6. Commercial Operation Of Unlawful Tower Or Antennas. Notwithstanding any right that may exist for a governmental entity to operate or construct a tower or structure, it shall be unlawful for any person to erect or operate for any private commercial purpose of any antenna, tower or disguised support structure in violation of any provision of this Section, regardless of whether such antenna or structure is located on.

7. Permitted Use. The placement of antennas and equipment is permitted in all zoning districts without conditional use permit only as follows:

a. The attachment, antenna or equipment is a "collocation," as that term is defined in Section 67.5092, RSMo., and as amended.

b. The mounting of antennas on any existing building or structure, such as a water tower, provided that the presence of the antennas is concealed by architectural elements or fully camouflaged by painting a color identical to the surface to which they are attached.

8. Application Procedures. Applications for permits for placement of allowed antennas and equipment shall be made on appropriate forms to the Zoning Administrator and accompanied by payment of five hundred dollars ($500.00), or such other fee as may be established by the Board.

a. A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating all existing and proposed improvements including buildings, drives, walkways, parking areas and other structures, public rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures required setbacks, required buffer and landscape areas, hydrologic features and the coordinates and height of existing or proposed tower.

b. The application shall be reviewed by the Zoning Administrator to determine compliance with the above standards and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.

c. The Zoning Administrator shall issue a decision on the permit within forty-five (45) days of the date of application shall be deemed approved unless the time period for review and action was extended pursuant to Section. The Zoning Administrator may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens consistent with the purpose of this Article.

d. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

e. Appeals. Appeals from the decision of the Zoning Administrator shall be made in the same manner as otherwise provided for the appeal of administrative decisions.

9. Conditional Use Permit Required. All proposals to install, build or modify a communications tower or an antenna or support structure not permitted by Subsection (F)(7) above shall require the approval of conditional use permit, following a duly advertised public hearing by the Planning Commission, subject to the following limitations.

a. Applications of conditional use permits shall be filed and processed, subject to the requirements of and in the manner and time frame as established in Article VIII of this Chapter. A decision by the Governing Body shall be accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application, or thereafter, or presented during the public hearing by the applicant or others. The fee for application for a conditional use permit under this Subsection shall be five hundred dollars ($500.00).

b. Additional Minimum Requirements. No conditional use permit shall be issued unless the applicant has clearly demonstrated, by substantial evidence, that placement of an antenna or support structure, pursuant to Subsection (F)(7) of this Section is not technologically or economically feasible. The Governing Body may consider current or emerging industry standards and practices among other information, in determining feasibility.

c. Final action on conditional use permits shall be taken within one hundred twenty (120) days, except for applications for substantial modifications as defined in Section 67.5092, RSMo., and as amended, which shall require final action within forty-five (45) days.

10. Deficient Applications. Any applicant for collocation whose application is insufficient shall be notified of that fact within fifteen (15) days. Any other applicant whose application is insufficient shall be notified within thirty (30) days.

G. Composting Facility. The following standards shall apply to all compost facilities.

1. Landscape Buffer. Compost facilities shall have a landscape buffer around its perimeter, pursuant to Article XII. The decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.

2. Traffic Circulation. The operation shall provide entrances on arterial or collector streets, only with ingress and egress, so designed as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on site to accommodate peak traffic volume and company vehicles. The Zoning Administrator may require a traffic report to be submitted with the conditional use permit application.

3. Storage Bins. Storage bins or trailers will be allowed to be stored on site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off site.

4. Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from the lot line of any property zoned "SF-1," "SF-2," "SF-3," "MR" or "MHP."

5. Hours Of Operation. Uses shall not operate before sunrise or after sunset. When located within one thousand (1,000) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" Zoning District, the use shall not operate after 7:00 P.M. or before 8:00 A.M.

6. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and improved with all-weather material.

7. Stormwater Management. A stormwater management plan may be required at the discretion of the City Engineer.

8. Litter Control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition.

9. Hazardous Material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.

10. Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of the compost facility. Only yard/garden wastes are allowed as compost material.

11. Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

H. Convalescent Care. At least seventy (70) square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.

I. Day Care.

1. Day Care, Limited. Limited day care uses shall be conducted in a single-family or two-family dwelling unit that is occupied as a permanent residence by the day care provider.

2. Day Care, Commercial.

a. State Licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.

b. Vehicle Drop-Off Area. An off-street loading zone, capable of holding one (1) car per ten (10) individuals cared for, shall be provided, in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.

J. Golf Courses.

1. Location Of Restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.

2. Location Of Recreation Facilities. Buildings, swimming pools, tennis courts and similar recreational facilities shall be set back at least twenty-five (25) feet from the property line of any "SF-1," "SF-2" or "SF-3" Zoning District.

K. Group Home. Group homes shall be subject to the following standards, only when located in an "AG," "SF-1," "SF-2," "SF-3," "MR" or "MHP" District.

1. Exterior Appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof, as a single-family residence. There shall be no alteration of the property on which the group home is located that will change the character thereof, as property within a single-family dwelling district.

2. Neighborhood Character. A group home constructed in an "AG," "SF-1," "SF-2" or "SF-3" District shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.

L. 

Home Occupations. Home occupations shall be permitted in all districts permitting dwellings.

1. As used in this Section, the following terms shall have the meanings indicated:

GOODS

Any merchandise, equipment, products, supplies, or materials.

HOME-BASED BUSINESS/HOME OCCUPATION

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services, and that is owned and operated by the owner or tenant of the residential dwelling. Any home occupation must consist solely of "home-based work" that is performed by a resident within a residential home or accessory structure.

HOME-BASED WORK

Work performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

NO IMPACT HOME OCCUPATION

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services, and that is owned and operated by the owner or tenant of the residential dwelling; and:

a. The total number of employees and clients on site at one time does not exceed the occupancy limit for the residential dwelling; and

b. The activities of the business:

(1) Are limited to the sale of lawful good and services;

(2) May involve having more than one (1) client on the property at one time;

(3) Do not cause a substantial increase in traffic through the residential area;

(4) Do not violate any parking regulations established by the political subdivision;

(5) Occur inside the dwelling or in the enclosed yard of the residential dwelling;

(6) Are not visible from the street; and

(7) Do not violate any narrowly tailored regulations established under Subsection three (3) of this Section.

c. Restrictions And Limitations.

(1) All materials or equipment used in the home occupation shall be stored within an enclosed structure.

(2) No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling.

(3) No sign shall exceed four (4) square feet, shall not be illuminated and shall be placed flat against the main wall of the principal residential structure.

(4) No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference.

(5) No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood.

M. Kennel. A kennel shall harbor no more than twenty (20) animals and located no closer than fifty (50) feet to another dwelling, including outside runs, and shall contain at least one (1) fully enclosed shelter for each animal or animals and provide an exercise area.

N. Landfills And Mining And Quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:

1. Minimum Site Area. A minimum site area of thirty-five (35) acres shall be required.

2. Entrances. There shall be no more than one (1) entranceway from a public street for each six hundred sixty (660) feet of street frontage. A traffic study shall be required.

3. Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.

4. Separation From Residential. No digging or excavating shall occur within one hundred (100) feet of any lot line or within three hundred (300) feet of the lot line of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.

5. Paving. All roads, driveways, parking lots and loading and unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

6. Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.

7. Buffers And Fences. When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences. A buffer shall be provided around the site pursuant to Article XII.

8. Stormwater Management. A stormwater management plan shall be required.

9. Site Restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to State and Federal requirements.

a. Restoration Plan. Before approval of a conditional use permit for an excavation use, the operation shall submit to the Zoning Administrator a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours, with an interval of no more than five (5) feet. The plan shall include type and number per acre of trees or shrubs to be planted and the location of future roads, drives, drainage courses or other improvements contemplated.

b. The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.

c. Bonds. Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the Board of Aldermen as to form, sufficiency and manner of execution and shall run for the same term as the term of the conditional use permit and any renewals.

d. Water Quality. In restoration, no filling operations shall be permitted which will likely result in contamination of groundwater or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or subsurface water or into the atmosphere.

e. Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively, as they are worked out or abandoned, to a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form, so as to appear reasonably natural, or they shall be restored pursuant to an approved restoration plan.

f. Top Soil And Fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission.

10. City, County, State And Federal Standards. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources, and shall meet all City, County and Federal Health Department requirements pertaining to facilities, equipment and other features.

O. Manufactured Home — Residential Design. Dwellings proposed for manufactured home residential-design development shall be sited only in designated overlay districts, as defined by the City of Higginsville. The following standards shall apply to all manufactured home residential design dwellings.

1. The manufactured home shall have minimum dimensions of twenty-two (22) feet in width and forty (40) feet in length;

2. The pitch of the roof of the manufactured home shall have a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction in the City;

3. All roof structures shall provide an eave projection of no less than twelve (12) inches, exclusive of any guttering;

4. The exterior siding shall consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low-luster white paint), wood or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the City;

5. The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations, 1987" (NCS BCS A225.1) as required of the City and a continuous, permanent masonry foundation or masonry curtain wall or poured concrete wall, unpierced, except for required ventilation and access, is installed under the perimeter of the residential-design manufactured home;

6. Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and

7. A manufactured home residential design, when installed, shall have substantially the same appearance of an on-site, conventionally built, single-family dwelling.

P. Multi-Family. Multi-family land uses are allowed in the "DC" District, provided they are located on or above the second floor of a commercial building.

All other multi-family development shall be subject to the following design guidelines and standards:

1. Site Plan Review. Multi-family development shall be subject to site plan review requirements and procedures of Article IX.

2. Natural Features And Environment. Each site should be designed to preserve natural features and environmental resources, such as:

a. Floodplains and drainage ways.

b. Bodies of water.

c. Prominent ridges and rock ledges.

d. Existing tree cover, including tree masses, windrows and significant individual trees.

3. Cut And Fill. Excessive cut and fill are unacceptable. The site plan should preserve the natural topography of the site.

4. Pedestrian Circulation. Pedestrian circulation systems (sidewalks, walkways and paths) shall be located and designed to provide physical separation from vehicles along all public and private streets and within any parking area.

5. Building Separation. All buildings shall be separated by a minimum distance of fifteen (15) feet.

6. Lot Coverage. Each site plan should be designed to reflect unique site characteristics and strong neighborhood environments without overcrowding the site.

7. Access. All multi-family residential developments of four (4) units or more shall have direct vehicular access to collector, arterial or higher classification streets. Multi-family residential development shall not take access to local streets.

8. Open Space. Open space should be provided to meet active and passive use requirements of the neighborhood.

a. At least ten percent (10%) of the total site area shall be set aside as common open space. The common open space shall be suitable for active or passive recreational use. Common open space areas should be centrally placed within the neighborhood. Common open space may include pools, tennis courts and playgrounds. Common open space may not be counted toward nor located in required zoning district setbacks.

b. A minimum of sixty (60) square feet of private open space shall be provided for each ground-level dwelling unit and each dwelling unit that is accessible from a walk-out basement. Private areas should allow only limited access and be enclosed to ensure privacy. Private areas typically include yards, balconies and patios.

9. Building Clustering. Unusable and unassigned open space surrounding buildings should be reduced by clustering buildings. Buildings should be clustered around a central common area and not have the primary orientation directed toward the parking area.

10. Building Orientation.

a. Individual Buildings. Individual buildings should be oriented in a way that established neighborhoods and sub-neighborhoods.

b. Reduction Of Unusable Open Space. Unusable open space should be reduced through building orientation, the use of low walls, fencing, landscaping and entry design.

11. Vehicular Circulation And Parking.

a. Street Layout. The layout of streets should provide for safe operation of vehicles within the neighborhood. Excessively straight and wide streets encourage high-speed traffic and should be avoided. Curvilinear designs, reduced street widths and cul-de-sacs create stronger neighborhood environments.

b. Parking Area Layout. Double-loaded parking areas along private streets or drives are generally not acceptable. Parking areas should be clustered and separated from the street.

c. Parking Enclosures. Parking enclosures should be designed and sited so as to compliment the primary structures and to provide visual relief from extensive pavement area.

12. Pedestrian Circulation.

a. Pedestrian Linkages. Pedestrian access should be designed to provide reasonable linkages of dwelling units to neighborhood facilities such as recreation, services, mail and parking.

b. Landscaping Details. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.

c. Landscaping. Landscaping should be designed in sufficient form, quantity and location to reduce, to the greatest extent possible, negative impacts affecting the site and adjacent properties and to increase the sense of neighborhood scale, character and identity.

d. Architectural Design. The architecture of multi-family housing is a key element in determining the character of a neighborhood. The architecture should create a strong feeling of identity through design principles of scale, harmony, rhythm and balance.

e. Elongated sites with rectangular, double-loaded building footprints should be avoided. These designs typically lack interest and fail to create a strong sense of neighborhood.

f. The architectural design of each unit or building should impart a feeling of neighborhood scale. Units should be designed with vertical and horizontal offsets to break up roof lines, define private outdoor areas, allow greater views and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest.

g. The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports, and all accessory structures should maintain the same level of design, aesthetic quality and architectural compatibility.

h. Screening from the street of all outdoor refuse areas, ground-mounted mechanical equipment, utilities, and banks of meters shall be provided. The screening of these items is to be architecturally compatible with the major building components and may include landscaping.

Q. Recreation And Entertainment, Outdoor. Outdoor recreation and entertainment uses shall be located on arterial or collector streets. Public activity areas shall be located at least two hundred (200) feet from any adjacent "SF-1," "SF-2," "SF-3," "MR" or "MHP" Zoning District.

R. Recreational Vehicle Parks. Recreational vehicle parks shall be permitted subject to the following conditions:

1. The site selected for recreational vehicle parks shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a major roadway or thoroughfare, but it shall be directly accessible to the major roadway by means of a private road or public road that it has frontage on. Short-term occupancy shall not exceed thirty (30) days, except as approved by the Zoning Administrator.

2. Minimum tract size shall be two (2) acres and shall be in one (1) ownership. RV parks shall be located at least two hundred (200) feet from any residential district.

3. The maximum number of recreational vehicle spaces allowed within the permitted districts shall not be more than twenty (20) per acre. Consideration shall be given to whether the recreational vehicle park and the density level are designed accordingly. The densities of overnight use may be higher than destination type since it primarily serves as a short stopping point while the destination type recreational vehicle park located at or near a scenic historical or outdoor recreational area provides for longer and extended stays of several days or weeks.

4. Minimum width of a recreational vehicle space shall be twenty-five (25) feet. The space shall be so designed to provide space for parking both a travel trailer and towing vehicle off the roadway. No travel trailer unit shall be closer than ten (10) feet to any other adjacent unit, structure or roadway and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty (30) feet to any of the development property lines and the ten (10) feet nearest the property line shall be permanently maintained as a sodded and/or landscaped area.

5. A central office or convenience establishment with an attendant shall be provided within the recreational vehicle park to register guests and provide service and supervision to the camp for camps in excess of five (5) acres.

6. The applicant for a recreational vehicle park shall submit a development plan to the Planning Commission for approval. Such plan shall contain the information as required below and any other information the Board reasonably shall deem necessary to fully evaluate the proposed development. The applicant shall submit the information on a sheet size not to exceed twenty-four (24) inches by thirty-six (36) inches dimensions as a proposed development plan showing:

a. General layout of development with dimensions, depths, number of spaces and related sanitation accommodations.

b. Parking area location, sizes and capacity.

c. Ingress and egress points for the project.

d. Use of structures.

e. General layout of typical recreational vehicle space showing size of space and proposed improvements.

f. Layout of roadway within the camp.

g. Net density of proposed project, expressed in terms of units per acre.

h. General landscaping plan indicating all new and retained plant material to be incorporated within the new development and layout of outdoor lighting system.

i. Plan and method of sewage disposal and water supply.

j. Location plan and number of proposed sanitary conveniences, including proposed toilets, washrooms, laundries and utility areas.

k. The development shall provide a general refuse storage area or areas that shall be provided with a paved concrete surface and shall be enclosed to screen it from view.

7. The recreational vehicle parks shall be planned and constructed in accordance with the minimum standards as established in this Section and as outlined below:

a. All parking areas and roadways shall be constructed and paved with a hard surface bituminous or concrete material.

b. All camps shall be provided with general outdoor lighting with a minimum of three-tenths (0.3) foot-candles of general illumination.

c. All yard areas and other open spaces not otherwise paved or occupied by structures shall be sodded and/or landscaped and shall be maintained.

S. Auditorium Or Stadium. Any parking area used for the overnight parking of buses and vehicles shall be at least one hundred (100) feet from the lot line of any lot zoned "SF-1," "SF-2," "SF-3," "MR" or "MHP." Any such parking area shall be screened from view of adjacent "SF-1," "SF-2" or "SF-3" Districts by a landscape buffer approved by the Planning Commission.

T. Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards.

1. Separation From Residential. No salvage yard shall be located within three hundred (300) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" Zoning District.

2. Screening. The operation shall be conducted wholly within a non-combustible building, or within an area surrounded on all sides by a fence or wall at least six (6) feet in height. 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, obscure the junk from normal view of the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk or other materials within the yard. Scrap, junk or other salvaged materials shall be piled or stored so that they are not visible from outside the fenced in area and do not exceed the height of the enclosing fence or wall.

3. Loading/Unloading. 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.

U. Solid Waste Collection/Processing Facilities. The following standards shall apply to solid waste collection/processing facilities.

1. Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color and shall be so maintained by the proprietor as to insurance maximum safety to the public, obscure the junk from normal view of the public and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk or other materials within the yard. No scrap, junk or other salvaged materials may be piled so to exceed the height of this enclosing fence or wall.

2. Traffic Circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.

a. Storage Bins. Storage bins or trailers will be allowed to be stored on site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened as part of the operation.

b. Loading/Unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition.

c. Separation For Residential. No structures shall be located within three hundred (300) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.

d. Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of an "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.

e. Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.

f. Stormwater Management. A stormwater management plan shall be required at the discretion of the City.

g. Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.

h. Time Limit And Renewal Of Conditional Use Permit. The conditional use permit shall be effective for one (1) year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the conditional use permit shall be established at the public hearing. The conditional use permit shall be revoked by the Zoning Administrator if it is determined by the Zoning Administrator that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.

V. Temporary Uses Permitted. The following uses shall be allowed on a lot for which the vendor has permission by property owners.

1. 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 setback requirements of these regulations, provided that no trees shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.

2. 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.

3. Real Estate Office. Real estate office (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.

4. Seasonal Sales. Seasonal sale of farm produce grown on the premises in an "AG" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are not located within the sight triangle of an intersection, as defined by these regulations, and are removed or moved back of the required front yard setback line at the end of the season during which they are used.

5. Carnivals And Circuses. A carnival or circus, but only in a commercial or industrial 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.

6. Garage Or Porch Sales. The sale of used or secondhand merchandise shall be permitted in any residential district, providing that such use shall not exceed three (3) consecutive days in duration, nor occur more than twice during a twelve (12) month period at one (1) residence, excluding City-wide sales.

7. Temporary Sales, General. No temporary sales establishment shall be allowed to operate for more than three (3) consecutive days or more than four (4) separate occasions during a calendar year.

W. Transitional Living Facility. Transitional living centers shall be subject to the following standards.

1. Size. No more than ten (10) persons, including staff, shall reside in the center at one time.

2. Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any school, or any "SF-1," "SF-2," "SF-3," "MR" or "MHP" zoned property.

X. Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards And Vehicle Repair (Limited And General).

1. All vehicles and equipment for display to customers shall be parked or stored on a hard surface and dust free.

2. Storage areas for vehicles and equipment shall be fenced and screened from customers and pedestrians.

Y. Mobile Homes Are Not Permitted.

Z. Special Provisions For Title Loan, Check Cashing, And Unsecured Loan Businesses.

1. Separation from residential districts: two hundred (200) feet from residential districts and five hundred (500) feet from any school, day care facility, church, or parks and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that is zoned "SF-1," "SF-2," "SF-3," "MR," "MHP" or that contains a school, day care facility, church, or parks and recreation use.

2. Separation From Other Short-Term Loan Service. No short-term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of any other short-term loan service use or within one thousand five hundred (1,500) feet of any pawn shop or precious metal and gem dealer. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that contains the other short-term loan service or the pawn shop or precious metal and gem dealer use.

AA. Special requirements/use standards for cultivation centers, testing facilities, and medical marijuana-infused manufacturing facilities.

1. Location. No medical marijuana cultivation center or medical marijuana-infused manufacturing facilities shall be located within three hundred (300) feet of the property line of a preexisting public or private pre-school or elementary or secondary school or day care center, day care home, group day care home, part day care facility, place of worship, public park, or an area zoned for residential use. No medical marijuana dispensary or testing facility shall be located within three hundred (300) feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, palace of worship, or public park.

2. Setback from Other Cultivation Centers And Dispensaries. No cultivation center may be located within one thousand (1,000) feet of another cultivation center or a dispensary.

3. Perimeter Setbacks Of Structures On A Site. Unless otherwise limited under this Chapter, the perimeter setback for a cultivation center shall be the same as that of the zoning district in which it is located.

4. Minimum Yard Requirements. Unless otherwise limited under this Chapter, cultivation centers must meet the requirements for the zoning district in which it is located.

5. Parking. Parking shall be provided according to Article VII, Section 410.420.

6. There is no drive-through service, take-out window, or drive-in service.

7. All operations are conducted within a completely enclosed building.

8. Age And Access Limitations. It shall be unlawful for any cultivation center to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under the age of twenty-one (21) years. Access shall be limited exclusively to cultivation center staff, and local and State officials, and those specifically authorized under Missouri Article XIV, and any subsequent implementing regulations.

9. Standards For Buffer Measurement. The distances to be measured in this Section shall be determined as follows:

a. For all marijuana uses, except medical marijuana transportation facilities, distance shall be measured as follows:

(1) In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the external wall of the facility structure closest in proximity to the buffered location to the closest point of the property line of the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

(2) In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location to the facility's entrance or exit closest in proximity to the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

(3) Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

b. For medical marijuana transportation facilities, distance shall be measured as follows:

(1) In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the property line of the facility to the closest point of the property line of the buffered location.

(2) In the case of a facility that is a part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location and the facility's entrance or exit that is in closest proximity to the buffered location.

(3) Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

AB. (Reserved)

AC. Special Requirements/Use Standards For Cultivation Centers, Testing Facilities, and Marijuana-Infused Manufacturing Facilities.

[Ord. No. 2984, 2-6-2023]

1. Location. No marijuana cultivation center or marijuana-infused manufacturing facilities shall be located within three hundred (300) feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, day care home, group day care home, part day care facility, place of worship, public park, or an area zoned for residential use. No marijuana dispensary or testing facility shall be located within three hundred (300) feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, place of worship, or public park .

2. Setback From Other Cultivation Centers And Dispensaries. No cultivation center may be located within one thousand (1,000) feet of another cultivation center or a dispensary.

3. Perimeter Setbacks Of Structures On A Site. Unless otherwise limited under this Chapter, the perimeter setback for a cultivation center shall be the same as that of the zoning district in which it is located.

4. Minimum Yard Requirements. Unless otherwise limited under this Chapter, cultivation centers must meet the requirements for the zoning district in which it is located.

5. Parking. Parking shall be provided according to Article VII, Section 410.420.

6. There is no drive-through service, take-out window, or drive-in service.

7. All operations are conducted within a completely enclosed building.

8. Age And Access Limitations. It shall be unlawful for any cultivation center to allow any person who is not at least eighteen (18) years of age on the premises. Cultivation centers shall not employ anyone under twenty-one (21) years of age . Access shall be limited exclusively to cultivation center staff, and local and State officials, and those specifically authorized under Missouri Article XIV, and any subsequent implementing regulations.

9. Standards For Buffer Measurement. The distances to be measured in this Section shall be determined as follows:

a. For all marijuana uses, except marijuana transportation facilities, distance shall be measured as follows:

(1) In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the external wall of the facility structure closest in proximity to the buffered location to the closest point of the property line of the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

(2) In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location to the facility's entrance or exit closest in proximity to the buffered location. If the buffered location is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the buffered location that is closest in proximity to the facility.

(3) Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

b. For marijuana transportation facilities, distance shall be measured as follows:

(1) In the case of a freestanding facility, the distance between the facility and the buffered location shall be measured from the property line of the facility to the closest point of the property line of the buffered location.

(2) In the case of a facility that is a part of a larger structure, such as an office building or strip mall, the distance between the facility and the buffered location shall be measured from the property line of the buffered location and the facility's entrance or exit that is in closest proximity to the buffered location.

(3) Measurements shall be made along the shortest path between the measurement points that can be lawfully travelled by foot along public routes.

AD. Special Requirements/Use Standards For Short-Term Rentals.

[Ord. No. 3016, 8-21-2023]

1. Applications.

a. Permit Application. A permit must be obtained from the Higginsville City Clerk by any individual or entity wishing to use a building or premises for short-term rentals, in advance of any short-term rental. Applications for short-term rental uses shall be filed upon forms provided by the City, and will include the legal description of the lot, tract, or parcel of land, together with a general description of any building or structure thereon, including the approximate size, square footage, number of bedrooms, and number of parking spaces; location of the building and parking upon the lot, tract, or parcel. The permit application will require emergency contact numbers for the owner, or his or her designee.

b. Applications for short-term rental permits shall be submitted to the City Clerk, who shall forward the application to the City Building Official.

c. Each application shall be accompanied by a fee of fifty dollars ($50.00), plus the actual cost of any publication for legal notices, and the actual cost of certified mailings to surrounding property owners. Said fee shall be deposited with the City Clerk after said application is filed, and prior to permit issuance, the rental building is to be inspected and approved by the City Building Official, based on the standards of the most recent version of the International Property Maintenance Code, adopted by the City of Higginsville.

d. Applicants must provide proof of a minimum of three hundred thousand dollars ($300,000.00) liability insurance (annual aggregate coverage) to the City Clerk, when applying for a permit

2. Permits — Issuance.

a. Short-term rental permits shall be issued or refused by the City Building Official within forty-five (45) days after receipt of an application, or within such further period as may be agreed to by the applicant. No short-term rental permit shall be issued, unless all requirements set forth herein are met and the property is in compliance with all other applicable ordinances of the City. In the event of refusal to issue a short-term rental permit, upon an application, based upon non-compliance with the provisions of this Subsection, within fifteen (15) days of refusal or denial, the applicant shall have the right to appeal to the Planning and Zoning Commission, who shall consider the application de novo under the provisions of Chapter 410, Article VIII, in accordance with the procedures for conditional use permits.

b. The City Building Official shall provide written notice that a short-term rental application has been received to all owners of record of lands located within at least one hundred eighty-five (185) feet of the property, indicated in said application, by First Class Mail, postage prepaid, at the address shown in the County records for receipt of property tax bills. Notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. When the notice has been deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the City Building Official.

c. If a protest against such permit is filed with the City, duly signed by the owners of fifty percent (50%) or more, within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property indicated in said application, the application for a short-term rental permit shall be forwarded by the Building Official to the Planning and Zoning Commission for initial consideration under the provisions of Chapter 410, Article VIII, in accordance with the procedures for conditional use permits. All protests to the issuance of the permit must be received by the City no later than fifteen (15) days after the date of postmark on the written notice mailed to owners of record of lands located within at least one hundred eighty-five (185) feet from the subject property.

d. Annual Inspection. Short-term rental units are subject to an annual inspection by the Building Official, prior to business license renewal.

e. Transferability. Short-term rental permits are not transferable to new property owners.

f. Non-Compliance. After a public hearing, the Board of Aldermen may revoke a short-term rental permit for failure to comply with the regulations and the requirements of this Chapter, or violations of City ordinances.

3. Use Regulations.

a. Short-term rentals may only be made for the primary residential structure. If the property contains an accessory building or unit, the accessory building or unit may not be used for a short-term rental.

b. Reservations. Only one (1) rental reservation at a time shall be permissible for each short-term rental.

c. Dwelling Unit Usage. Dwellings licensed for short-term rental usage shall not be used for special events, such as weddings, corporate events, commercial functions, large parties [greater than eight (8) persons], and other similar events or activities otherwise prohibited by this Code.

d. Maximum Occupancy. The maximum number of occupants permitted in a dwelling unit offered and operated as a short-term rental shall be subject to the "occupancy limitations" of the most recently adopted Edition of the International Property Maintenance Code. In no instance, shall a dwelling unit be occupied by more than a total of eight (8) occupants.

e. A single short-term rental renter cannot occupy a specific property for which a short-term rental permit has been issued for more than a total of twenty-nine (29) days per year.

f. A property for which a short-term rental permit has been issued must provide adequate off-street parking for the renters/lessees, a minimum of one (1) space per bedroom.

g. Both the short-term rental owner(s) and renter(s) will maintain strict adherence to all City of Higginsville Code regulations throughout the term of a rental period, including but not limited to the following:

(1) Building and Property Maintenance Codes.

(2) Noise regulations.

(3) Light regulations.

(4) Health standards.

h. Display Of Materials. All short-term rental uses shall be required to conspicuously post the following information within the rental:

(1) Name and contact information for the individual responsible for the day-to-day operations of the rental.

(2) A copy of the approved business license and short-term rental permit.

(3) Trash collection schedule.

(4) City of Higginsville noise and nuisance ordinances.

(5) Statement that no short-term rental shall be rented or used for the sole purpose of receptions, parties, weddings, or other similar events.

i. Exterior. There shall be no alteration to the exterior of a structure or site that changes the residential character of said structure or site.