[R.O. 1993 § 400.240; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
The provisions of this Chapter shall be subject to the exceptions,
action, or modifications provided by the following regulations.
[R.O. 1993 § 400.245; Ord. No.
2009-2825 § 1, 6-9-2009; Ord. No. 2009-2850 § 1, 9-8-2009; Ord. No. 2011-2906 § 1, 6-14-2011; Ord. No. 2016-3082 § 1, 9-13-2016; Ord. No. 2021-3223, 5-11-2021]
Within all zoning districts except District "A-1" (Agricultural) and "MHP" (Mobile Home Park) with undedicated City streets, all fences and privacy screens shall be of a substantial material of the following type: constructed of either metal chain link, ornamental aluminum/iron, wrought iron, masonry, rigid vinyl or wood. Fences constructed of light gauge wire such as poultry wire, rabbit wire, bamboo or other like material, barbed wire, electrical (not to include buried or hidden pet fences) or stockade are prohibited. Any material not listed and security fences must have approval from the Planning and Zoning Director or his/her designee. The maximum height of fences shall be six (6) feet, except the maximum height shall be three (3) feet within the front yard measured from the front building line. (See Section 400.320 for fences on corner lots.) Picket fences shall have a maximum distance between each picket of not more than three (3) inches. There shall be no fences placed within any drainage and utility easements or rights-of-way except utility easements that are located at the rear of the property. Then said utility easement shall have gates ten (10) feet wide installed at the rear of the property to allow access from both sides of the utility easement unless no utilities are located in said easement. A permit is required for all fences.
[R.O. 1993 § 400.260; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2004-2633 § 1, 12-14-2004; Ord. No. 2010-2861 § 1, 2-9-2010; Ord. No. 2021-3223, 5-11-2021]
[R.O. 1993 § 400.270; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
Public buildings and utilities may be permitted in any district
subject to such protective restrictions deemed necessary by the City
Planning and Zoning Commission.
[R.O. 1993 § 400.280; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
Notwithstanding the regulations contained in any part of this
Chapter, no use other than an agricultural use, public park or parkway,
and public street or highway will be permitted in any zone designated
by the Planning and Zoning Commission as a floodplain area unless
adequate measures are taken to protect the use from flood damage.
These measures will be subject to approval by the Planning and Zoning
Commission.
[R.O. 1993 § 400.290; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
The following structures will be permitted to extend above height
limits specified in other parts of this Chapter: tanks, church spires,
skylights, steeples, flagpoles, chimneys, ventilating fans, and other
appurtenances not used for human use or habitation.
[R.O. 1993 § 400.300; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
On corner lots no fence, wall, hedge or other structure or planting
more than three (3) feet in height above the center line of the adjacent
street shall be erected, placed, or maintained within the triangular
area formed by the intersecting street right-of-way lines and a straight
line joining said street lines thirty (30) feet back from the intersection
of the street lines at the corner of the property, at points which
are sufficiently distant from the point of the intersection of the
right-of-way to provide adequate sight distance for vehicles traveling
at designated approach speed of street.
[R.O. 1993 § 400.310; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2010-2872 § I, 4-27-2010; Ord.
No. 2021-3223, 5-11-2021]
A.
Commercial vehicles and trailers of all types, including travel,
camping and hauling and mobile homes, shall not be parked or stored
on any lot occupied by a dwelling or on any lot in any residential
district, except in accordance with the following provisions:
1.
Not more than one (1) commercial vehicle, which does not exceed
one and one-half (1 1/2) tons rated capacity or a hauling trailer
with a maximum length of twenty-four (24) feet and eight (8) feet
in width per family living on the premises, shall be permitted. In
no case shall a commercial vehicle used for hauling explosives, gasoline,
or liquefied petroleum products be permitted.
2.
Not more than one (1) camping or travel trailer or recreational
vehicle per family living on the premises shall be permitted, and
said trailer shall not exceed forty-two (42) feet in length or ten
(10) feet in width; and, further, provided, that said trailer shall
not be parked or stored for more than one (1) week unless it is located
behind the front yard building line. A camping or travel trailer may
be occupied while it is parked or stored in any area within the incorporated
limits for not more than thirty (30) days except in a travel trailer
court or mobile home parks; then said trailers shall be allowed for
ninety (90) days if tied down and skirted as authorized under the
zoning ordinances of the City.
3.
A mobile home shall be parked or stored only in a mobile home
park which is in conformity with this Chapter.
4.
Automotive vehicles or trailers of any kind or type without
current City and State license plates shall not be parked or stored
on any residential zoned property other than in completely closed
buildings.
[R.O. 1993 § 400.320; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
A.
General Intent And Application. It is the intent of these requirements
that adequate parking and loading facilities be provided off the street
for each use of land within the City. Requirements are intended to
be based on the demand created by each use. These requirements shall
apply to all uses in all districts.
B.
Application Procedure.
1.
In all districts, in connection with every use, sufficient off-street
parking spaces shall be provided to accomplish the principles set
forth in this Chapter and to meet the parking demands generated by
residents, employees, company officials, company vehicles, and customers.
Required parking spaces shall be located on the lot on which
the principal use is located except as provided in this Section.
2.
Each application for a building permit or variance shall include
plans for at least the minimum number of parking spaces as herein
provided. Plans shall include information as to location and dimensions
of off-street parking spaces and the means of access to the spaces.
The Building Official shall not approve any application until he/she
determines that the requirements of this Section are met in the plans.
3.
Each parking space shall contain not less than two hundred (200)
square feet in area exclusive of access and circulation aisles. Areas
normally used for drive-in windows and gas pump service areas shall
not be counted as required parking spaces.
4.
If the off-street parking space required by this Chapter cannot
reasonably be provided on the lot on which the principal use is located,
such space may be provided on any land within two hundred (200) feet
exclusive of street and alley widths of the principal building or
use. The principal use shall be permitted to continue only as long
as its parking requirements are met.
C.
Minimum Spaces. The minimum number of required off-street parking
spaces shall be determined by the following criteria (in addition,
a developer shall evaluate his/her own needs to determine if they
are greater than the minimum specified in this Chapter):
1.
Uses permitted in "A-1," "R-1," "R-2," "R-3," "MHP," and "PRD"
Zoning Districts shall be as follows:
a.
Single-Family Dwellings. Two (2) off-street parking spaces per
dwelling unit.
b.
Two-Family Dwellings. Two (2) off-street parking spaces per
dwelling unit.
c.
Multi-Family Dwellings. One and one-half (1 1/2) off-street
parking spaces per dwelling unit.
d.
Churches. One (1) off-street parking space for each four (4)
seats in the principal place of assembly. Every twenty-four (24) inches
of bench space shall be equal to one (1) seat.
e.
Home Occupation. Minimum of three (3) off-street parking spaces,
which may include residential spaces.
f.
No off-street parking shall be permitted in the required front yard of any "R" Zoning District, except upon driveway providing access to a garage, carport, or parking area for a dwelling [also see Subsection (H), Off-Street Parking Lot Construction and Maintenance].
g.
Public Buildings.
(1)
Schools. One (1) space for each staff member and
employee. In the case of secondary schools, one (1) additional parking
space for each eight (8) students in grades nine (9) through twelve
(12) shall be provided.
(2)
Community Centers, Libraries, Galleries, And Museums.
Shall provide ten (10) parking spaces plus one (1) additional parking
space for each three hundred (300) square feet of floor area.
(3)
Stadiums. One (1) parking space for each three
(3) spectator seats.
(4)
Hospitals. One (1) parking space for each employee
and one (1) additional space for each four (4) patient beds.
(5)
Golf Course. Forty (40) parking spaces.
2.
Uses permitted in "C-O," "C-1," "C-2," or "CP" Zoning Districts
shall be as follows:
a.
Retail Business And Service Establishments. One (1) space for
each company vehicle, and one (1) space for each two hundred (200)
square feet of gross floor area, except medical facilities shall provide
not less than one (1) parking space for each one hundred fifty (150)
square feet of floor space.
b.
Service Stations. Two (2) parking spaces for each gas pump and
three (3) spaces for each grease rack.
c.
Restaurant, Cafe, Tavern, Nightclub Or Similar Establishment.
One (1) parking space for every two (2) employees and one (1) additional
space for each one hundred (100) square feet of gross floor area.
d.
General Office Buildings, Banks, And Similar Institutions. One
(1) parking space for each two hundred (200) square feet of gross
floor area.
e.
Auto Sales And Garages. One (1) parking space for each employee
and four (4) spaces for each maintenance stall.
f.
Pool Halls, Bowling Alleys, And Similar Recreational Facilities.
One (1) parking space for each two hundred (200) square feet of gross
floor area.
g.
Funeral Homes. One (1) parking space for each fifty (50) square
feet of gross floor area.
h.
Motels And Hotels. One (1) space for each employee and one (1)
parking space for each rental unit.
i.
Theaters. One (1) space for every two (2) seats.
3.
Uses permitted in "M-1" or "M-2" Zoning Districts:
D.
Additional Requirements.
1.
Where fractional spaces result, the number of parking spaces
required shall be construed to be the next whole number.
2.
The parking requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the Planning and Zoning Commission.
3.
Whenever a building or use constructed or established after
November 11, 1985, is changed or enlarged in floor area, number of
employees, number of dwelling units, seating capacity, or otherwise,
to create a need for an increase of ten percent (10%) or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change. Whenever a building or use
existing prior to November 11, 1985, is enlarged to the extent of
fifty percent (50%) or more in floor area or in the area used, said
building or use shall then and thereafter comply with the parking
requirements set forth herein.
4.
In the case of mixed or joint use, the parking spaces required
shall equal the sum of the requirements of the various uses computed
separately.
E.
Parking Not Located On The Same Lot. All parking spaces required
herein shall be located on the same lot with the building or use served;
except that where an increase in the number of spaces is required
by a change or enlargement of use or where such spaces are provided
collectively or used jointly by two (2) or more buildings or establishments,
the required spaces may be located and maintained not to exceed two
hundred (200) feet from the building served.
1.
Up to fifty percent (50%) of the parking spaces required for:
a.
Theaters, public buildings, bowling alleys, dance halls, night
clubs, or cafes; and up to one hundred percent (100%) of the parking
spaces required for a church or school auditorium may be provided
and used jointly by:
2.
In any case where the required parking spaces are not located
on the same lot with the building or use served or where such spaces
are collectively or jointly provided and used, a written agreement
thereby ensuring their retention for such purposes shall be properly
drawn and executed by the parties concerned, approved as to form and
executed by the City Attorney and shall be filed with the application
for a building permit.
3.
Off-street parking space may be located within the required
front yard of any "C" or "M" Zoning District. No off-street parking
shall be permitted in the required front yard of any "R" Zoning District,
except upon a driveway providing access to a garage, carport, or parking
area for a dwelling.
F.
Size Of Off-Street Parking Space. The size of a parking space for
one (1) vehicle shall consist of a rectangular area having dimensions
of not less than ten (10) feet by twenty (20) feet plus adequate area
for ingress and egress.
G.
Off-Street Loading Requirements. Every building or part thereof erected
or occupied for retail business, service, manufacturing, storage,
warehousing, hotel, mortuary, or any other use similarly involving
the receipt or distribution by vehicles of materials or merchandise,
shall provide and maintain on the premises off-street loading space
in accordance with the following requirements:
1.
Within any "C-1" or "C-2" Zoning District, one (1) loading space
for each ten thousand (10,000) square feet of gross floor area.
2.
Within any "M-1" or "M-2" Zoning District, one (1) loading space
for each fifteen thousand (15,000) square feet of gross floor area.
3.
For the purpose of this Section, an off-street loading space
(exclusive of adequate access drives and maneuvering space) shall
have minimum dimensions of twelve (12) feet by forty (40) feet in
height above the alley or street grade.
H.
Off-Street Parking Lot Construction And Maintenance.
1.
Lots Adjacent To Residential Districts. Whenever off-street
parking lots for more than six (6) vehicles are to be located adjacent
to a residential district, the following provisions shall apply:
a.
All sides of the lot abutting the residential district shall
be enclosed with an opaque, ornamental fence, wall, or dense evergreen
hedge, having a height of not less than five (5) nor more than six
(6) feet. Such fence, wall, or hedge shall be maintained in good condition.
b.
No parking shall be permitted within a front yard setback line
established twenty-five (25) feet back of the property line of interior
and corner lots whenever the parking lot immediately abuts the front
yard of a residential unit. In all other cases, no setback shall be
required; provided, however, that on any corner lot formed by two
(2) intersecting streets, no parking shall be permitted, and no wall,
fence, sign, structure, or plant growth having a height in excess
of three (3) feet above the elevation of the crown of the adjacent
roadway surface shall be maintained in a triangle formed by measuring
a distance of thirty (30) feet along said front and side lot lines,
from their point of intersection, and connecting the points so established
to form a triangle on the area of the lot adjacent to the street intersection.
c.
All of the lot used for parking and driveway purposes shall
be paved with a sealed surface pavement and maintained in such a manner
that no dust will be produced by continued use.
2.
Paved Surface Required. All parking spaces required under the
provisions of this Section shall be paved with a sealed surface pavement
and maintained in a manner that no dust will result from continued
use.
[R.O. 1993 § 400.330; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
A.
Whenever a multiple-family dwelling or group of multiple-family dwellings
is designed with an inner or outer court, the following requirements
shall be complied with:
1.
Outer Court Width. The width of an outer court upon which windows
open shall be not less than ten (10) feet. Or equal to the height
of the opposing wall, whichever is greater; and in no case shall an
outer court be less than five (5) feet in width or equal to seventy
percent (70%) of the height of the opposing wall, whichever is greater.
2.
Inner Court Width. The width of an inner court of a multiple-family
dwelling shall be not less than two (2) times the height of the lowest
wall forming the court, but in no case shall it be less than twenty
(20) feet.
3.
Passageway For Inner Court. An open unobstructed passageway
shall be provided at the grade of each inner court. Such passageway
shall be not less than twelve (12) feet in height, and shall provide
a straight and continuous passage from the inner court to a court
or a yard or open space having a direct connection with a street.
4.
Accessory Buildings Prohibited. No accessory building shall
be located in a court of a multiple-family dwelling.
[R.O. 1993 § 400.340; Ord. No.
85-1897 App. B § IV, 11-11-1985; Ord. No. 2021-3223, 5-11-2021]
A.
Child care centers authorized under uses permitted on review in residential
districts [see 400.150(B)] shall meet the following provisions:
1.
The center in an "R-1," "R-2," or "R-3" Zone shall be located
in a single-family dwelling which is the permanent residence of the
operator and shall be operated in a manner that will not change the
character of the residence.
2.
The dwelling shall contain not less than one thousand (1,000)
square feet of gross floor area where three (3) children, not members
of the family, are provided for; and the dwelling shall be increased
by one hundred (100) square feet of gross floor area for each child
more than three (3) provided for within the dwelling. The floor area
of an attached garage shall not be included in determining gross floor
area of the dwelling.
3.
Any center or dwelling shall meet City/County Health Department
requirements as to safety, design, facilities, equipment and other
features.
4.
The dwelling shall be located on a lot having not less than
twelve thousand (12,000) square feet of area, and all portions of
said lot used for outdoor play space shall be fenced with an opaque,
ornamental fence not less than forty-two (42) inches in height.
5.
The center shall be operated in a manner that will not adversely
affect other properties and uses in the area.
[R.O. 1993 § 400.341; Ord. No.
2014-3001 § 1, 5-28-2014; Ord. No. 2021-3223, 5-11-2021]
A.
Group homes shall be subject to the following standards only when
located in an "A-1" or "R-1" District:
1.
Spacing: A group home to be located within a residential zoning
district shall not be located within five hundred (500) feet of another
group home, measured as the shortest distance between any portion
of the structure in which persons reside.
2.
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.
3.
Neighborhood Character: A group home constructed in an "A-1"
or "R-1" District shall be constructed to be compatible with the architectural
character of the neighborhood in which it is located.
[R.O. 1993 § 400.343; Ord. No.
2014-3001 § 1, 5-28-2014; Ord. No. 2021-3223, 5-11-2021]
A special use permit is required for a group home, general.
[R.O. 1993 § 400.344; Ord. No.
2014-3001 § 1, 5-28-2014; Ord. No. 2021-3223, 5-11-2021]
A special use permit is required for a transitional living facility.
This facility can only be located within a commercial zone.
[R.O. 1993 § 400.345; Ord. No.
95-2172 § 2, 2-14-1995; Ord. No. 2021-3223, 5-11-2021]
A.
Bed-and-breakfast establishments shall be considered a special use
under the Aurora City Code. Each individual or business entity operating
a bed-and-breakfast shall be subject to all the ordinances and regulations
as set forth in this Section or any other Section of the Aurora City
Code, and shall be subject to such other conditions and requirements
set forth by the Aurora City Council.
1.
BED-AND-BREAKFAST
Definition. As used in this Section, the following terms shall
have the meanings indicated:
A single-family dwelling unit where guest rooms are provided
for overnight stay for travelers for compensation with breakfast being
the only meal served and where the host resides on the property. Said
property will not be used for weekly or monthly rental of rooms.
2.
Limited Use. Bed-and-breakfast establishments are permitted
in the "A-1," "R-1," "R-2," "R-3," "PRD," "C-O," "C-1," and "C-2"
Zoning Districts subject to the provisions of the districts. A bed-and-breakfast
establishment shall be carried on entirely within the dwelling unit
by a member of the family residing in the dwelling unit, shall clearly
be incidental and secondary to the use of the dwelling unit for residential
purposes, and shall conform to the following standards:
a.
Bed-and-breakfast establishments shall be registered on or before
January 1 of each year with the City Building Official on a form provided
by the Building Official. Any necessary business licenses shall first
be obtained.
b.
No other type of occupation or profession shall be permitted
within the building where the bed-and- breakfast establishment is
located.
c.
No more than fifty percent (50%) of the livable floor area of
the building may be used for the bed-and-breakfast establishment.
The applicant shall provide, with the initial application, three (3)
copies of a floor plan showing the specific location of the areas
to be used for the bed-and-breakfast establishment.
d.
No more than one (1) non-family member shall be employed by
the bed-and-breakfast, except for special events.
e.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
f.
There shall be no exterior display, no exterior sign, except
as permitted herein, no exterior storage of materials, and no other
exterior indication of the bed-and-breakfast establishment or variation
from the residential character of the building.
g.
One (1) sign shall be permitted which shall be an unanimated,
non-illuminated, flat or window sign having an area of not more than
four (4) square feet. The sign shall be attached flat to the building
or displayed in a manner approved, in writing, by the Building Official.
h.
No machinery or equipment shall be installed which interferes
with radio or television reception and which is not customarily incidental
to the bed-and-breakfast establishment. In no case shall any machine
exceed one (1) rated horsepower (1 hp).
i.
One (1) unobstructed off-street parking space shall be provided
for each available bedroom in the bed-and-breakfast establishment.
City staff can grant a variance if it can be shown that adequate parking
already exists.
j.
No additions shall be added to the residence to establish this
use.
k.
No lodger shall be rented a room longer than seven (7) consecutive
days.
l.
No meals may be served, except for breakfast, unless the establishment
is in a zone which allows preparation of meals or a special event
permit is obtained. Breakfast shall be provided at no extra costs
to the tenant.
m.
Meals may be served only to overnight guests, unless the establishment
is in a zone which allows the preparation of meals or a special event
permit is obtained.
n.
The owner/occupant is required to maintain a guest register
in which shall be recorded the name, driver's license number
and permanent home address of the guest. Said register shall be available
for inspection by the Building Official, Police Department or other
law enforcement agency.
o.
The bed-and-breakfast establishment shall conform to all Federal,
State and local laws and regulations concerning health, safety, licensing
and non-discrimination laws and regulations.
p.
The bed-and-breakfast establishment shall have working smoke
detectors in every sleeping room and the hallways leading to the sleeping
rooms. A fire extinguisher, in proper working order, shall be placed
in a readily accessible place on each floor of the establishment.
3.
Occupancy Requirements. All bed-and-breakfast establishments
shall comply to size and occupancy and other applicable requirements
of the City Building Code. In furtherance, and not in limitation thereof,
operators shall abide by the following standards:
4.
Inspections. Each building licensed or proposed to be licensed
as a bed-and-breakfast under the terms of this Section shall be inspected
from time to time by the Building Official, Health Officer or designated
Fire Official. If any inspections disclose a condition existing in
the building tending to create a structural, health or fire hazard,
and such condition is not corrected within thirty (30) days after
notice, in writing, to the owner or operator of the business by the
Building Official, Health Officer or Fire Official, the license of
the owner or operator of the licensed business may be suspended or
revoked by the City Clerk or the application for a license rejected.
5.
Special Event Permit. If the property is rented for receptions
and other social gatherings during the year, said rentals shall be
limited to ten (10) rentals per year, provided that:
a.
A permit is obtained from the City at least seven (7) days prior
to the event.
b.
Food preparation must be by a licensed caterer and not prepared
on the premises.
c.
No alcoholic beverages are to be served unless an appropriate
State license is obtained, and a copy of the same is provided to the
City.
6.
Should the owner of the premises violate any provisions under
this Section, then the permit to operate the bed-and-breakfast shall
be revoked.
B.
Applications For Bed-And-Breakfast Permits. The following application
procedures shall apply to all individuals or business entities who
desire to operate a bed-and-breakfast establishment within the City
limits of Aurora, Missouri:
1.
Licensing Of Bed-And-Breakfast Establishments. Except as otherwise
provided in this Section, every individual, corporation, or other
business entity desiring to operate a bed-and-breakfast, as herein
defined, within the City is required to make written application for
a license with the Aurora City Clerk. No person shall be permitted
to operate a bed-and-breakfast within the City unless that person
has been issued a license. Such license shall be kept on file at all
times on the premises of the bed-and- breakfast.
2.
Application For License And Business License Fees. Any person
desiring to engage in operating a bed-and-breakfast in this City shall
file, on a form supplied by the City Clerk, an application with the
City Clerk, stating the following and shall pay a non-refundable business
license fee:
a.
Name of applicant;
b.
Address of applicant;
c.
Name and address of the individual(s), firm, corporation, organization,
association or group represented, if other than an individual;
d.
Zoning category and address of the structure where the bed-and-breakfast
is to be located, accompanied by written permission of the property
owner for use of the property, if other than the applicant;
e.
The number of rooms within the structure to be used as bedrooms
for sleeping by the paying guests;
f.
The maximum number of paying guests proposed to occupy each
room;
g.
The date on which applicant desires to commence operating business;
h.
Period of time for which a license is requested;
i.
Place or places of residence of the applicant for the preceding
three (3) years;
j.
The names of other communities where the applicant has operated
a bed-and-breakfast within the last two (2) years;
k.
Names of other communities where the individual(s), firm, corporation,
organization, association or group for which the applicant is working
has operated a bed-and-breakfast or similar operation within the last
two (2) years;
l.
Whether or not the applicant has ever been convicted of a felony
under the laws of the State of Missouri or any other State or of the
United States;
m.
Birth date, social security number and telephone number of the
applicant;
n.
Said application shall also be accompanied by a letter or other
written statement from the individual(s), firm, corporation, organization,
association or group for which the applicant will be operating a bed-and-breakfast
certifying that the applicant is authorized to act as representative
of said individual(s), firm, corporation, association or group;
o.
All statements made by the applicant upon the application or
in connection therewith shall be under oath; and
p.
A waiver must be signed and submitted with the application by
the applicant, giving permission and authorization to the City Police
Department to run the necessary checks to confirm information within
the application.
C.
City Clerk Shall Process Application — Maintain Records. The
City Clerk shall cause to be kept in the office of the Clerk, an accurate
record of every application received, together with all other information
and data received, together with all other information and data pertaining
thereto and all licenses issued under the provisions of this Section
and the denial of applications. Applications for licenses shall be
numbered in consecutive order as filed, and every license issued,
and any renewal thereof, shall be identified with a duplicate number
of the application upon which it is issued. Within two (2) working
days, (not including weekends or holidays) of the receipt of the application
by the City Clerk, the original of such application shall be referred
to the Chief of Police for investigation.
D.
Investigation And Approval Of The Application. The Chief of Police
shall cause such investigation to be made of the applicant's
business and moral character and the business and moral character
of the individual(s), firm, corporation, organization, association
or group for which the applicant will be operating a bed-and-breakfast
as he/she deems necessary for the protection of the public good. The
Chief of Police shall endorse on such application his/her approval
and return the application to the City Clerk within ten (10) days
from the date of receipt of the application by the Chief of Police,
unless:
1.
The individual requesting the license has, within ten (10) years
of the date of the application:
a.
Been convicted of the commission of a felony under the laws
of the State of Missouri or any other State or of the United States,
involving violence, fraud, arson, moral turpitude, stealing, sexual
abuse of any type, or patient or resident abuse;
b.
Been convicted of a violation of any provisions of this Section;
c.
Lost his/her license to operate a bed-and-breakfast by revocation
as herein provided;
d.
Been convicted of a crime, misdemeanor or violation of any ordinance
concerning operation of a bed-and-breakfast or similar room or boarding
operation; or
e.
Falsified any information required by this Section as a part
of the application process; or
2.
The individual(s), firm, corporation, organization, association or group for which the applicant will be operating the bed-and-breakfast or similar room or boarding operation has, within ten (10) years of the date of the application, engaged in any of the activities or suffered any of the penalties specified in Subsection (D)(1) above; or
3.
The applicant refuses to consent to an investigation by the
Chief of Police.
E.
Refusal Of Application. If, as a result of such investigation, the applicant is not entitled to receive a license under this Section for any of the reasons set forth in Subsection (D) above, the Chief of Police shall endorse on such application his/her disapproval and his/her reasons for the same and return the application to the City Clerk, who shall notify the applicant that his/her application is disapproved, the reasons therefor, and that no license will be issued. Notification shall be hand delivered by the Chief of Police or his/her designee or sent by certified mail, return receipt requested, within three (3) days of the return of the application to the City Clerk. Any person aggrieved by the decision of the City Clerk to deny a license shall have a right to appeal to the City Council as provided in Subsection (I) below. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.
F.
Issuance Of License To Operator. The City Clerk, upon receipt of
the signed approved application from the Chief of Police, shall, upon
payment of all required license fees, deliver to the applicant his/her
license. The license shall contain the signature and seal of the Mayor
and City Clerk, and shall be countersigned by the City Treasurer or
Finance Officer, and shall display the name and address of the person,
individual(s), firm, corporation, organization, association or group
the license is representing, the date of issuance of the license and
the length of time the license shall be operative, as well as the
license number and the address of the bed-and-breakfast. The Clerk
shall keep a permanent record of all licenses issued and shall notify
the Police Department of all licenses issued.
G.
Term Of The License. The license fees are imposed for the privilege
of carrying on the activities authorized for the term specified in
the license. Each license shall expire at the end of the term specified
unless otherwise renewed upon payment of an additional license fee.
H.
Suspension Or Revocation Of A License By The City Clerk.
1.
Any license issued pursuant to this Section may be suspended
or revoked by written order of the City Clerk because of any violation
by the licensee of this Section; or if the premises cease to be fit
for human habitation or constitutes a structural, health or fire hazard;
or whenever the licensee shall cease to possess the qualifications
and character required in this Section for the original licensing.
Notification shall be promptly hand delivered by the Chief of Police
or his/her designee or sent by certified mail. The order of suspension
or revocation shall be effective ten (10) days after the licensee
receives notice thereof, unless appealed as provided below; in which
case, the order shall be stayed until it becomes final pursuant to
law.
2.
Any person aggrieved by the decision of the City Clerk to suspend or revoke a license shall have the right to appeal to the City Council under Subsection (I) below. The appeal shall be heard at the next regularly scheduled City Council meeting or at such other time agreeable to both parties, but in any event not later than thirty (30) days.
I.
Denial, Suspension And Revocation Of License — Hearing Provisions.
1.
If a license is denied, revoked or suspended by the City Clerk,
the applicant or licensee may send a written appeal within ten (10)
days of receipt of the notice of denial, revocation or suspension
to the City Clerk for a hearing before the City Council. At least
ten (10) days' notice of a hearing shall be mailed to the applicant's
or licensee's last known address, which notice shall state the
time and place for a hearing on the denial, suspension or revocation
and shall set forth the grounds in a general manner. The applicant
or licensee shall have the right during such hearing to be represented
by an attorney and present witnesses or other competent evidence.
If the applicant or licensee requests a hearing, the hearing shall
be held in accordance with the Administrative Procedure Act of the
State of Missouri, and review from the decision may be had to the
Circuit Court of Lawrence County, Missouri.
2.
License Suspended Or Revoked — Fee Returned. Any license
may be suspended or revoked in cases where it has been previously
issued upon the determination that:
a.
False or inaccurate statements or representations were contained
in the application or made to a City official at the time of application;
b.
The licensee has violated any provision of this Section;
c.
The licensee has engaged in any behavior or suffered any penalties
which would have originally disqualified the licensee for a license;
or
d.
The licensee fails or refuses to pay the applicable annual license
fee.
|
In any event of the revocation of a license, license fees shall
be refunded on a pro-rata basis.
|
[Ord. No. 2021-3223, 5-11-2021]
A.
SMALL HOUSE
SMALL HOUSE DEVELOPMENT
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
A structure not less than seven hundred (700) square feet and not to exceed one thousand forty (1,040) square feet and not exceeding two (2) stories in height. Intended for use as a permanent, single-family residence. Structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit as defined in Section 525.010 is not considered a Small House.
Any development, site, parcel or tract of land designated,
maintained, or intended to be used for the purpose, placement or construction
of a Small House.
B.
Uses Prohibited.
1.
Small House construction shall not be permitted in any existing
Commercial or Manufacturing Zones within the City.
Exception: Parcels within a Commercial Zone where a residential
structure was previously located shall be allowed to construct a small
home, so long as the neighboring property uses align with single-family
residential use. The determination of applicability of this exception
shall be made by the Building Official.
2.
Home occupations shall be prohibited in Small Houses.
3.
No lot splits will be approved that result in a residential
lot of less than seven thousand five hundred (7,500) square feet.
C.
New Developments. Requires platting or re-platting of the property
under standard platting/re-platting guidelines for developments containing
two (2) or more lots.
D.
Height, Setback, Yard And Area Requirements.
Minimum lot width:
Interior Lots: Forty (40) feet of street frontage.
Corner Lots: Forty (40) feet.
Minimum lot depth: Fifty (50) feet.
Minimum lot area: Two thousand (2,000) square feet.
Maximum lot area: Seven thousand five hundred (7,500) square
feet. In the event an existing "small house" is located on a lot larger
than seven thousand five hundred (7,500) square feet, said small house
shall be allowed to be replaced by structure of same size or larger.
Minimum yards:
Front yard: No building shall be located within twenty-five
(25) feet of the front property line. No building shall be located
in the front yard between the primary building and the front property
line.
Side yard:
Interior Lots. No building shall be located within five (5)
feet of any side property line. No portable or accessory building
shall be located within five (5) feet of any side property line.
Corner Lots. No building or accessory building shall be located
within twenty-five (25) feet of the side street right-of-way. No building
shall be located within five (5) feet of the interior side property
line. No portable or accessory building shall be located within five
(5) feet of the interior side property line.
Rear yard:
No building shall be located within ten (10) feet of any rear
property line. No portable or accessory building shall be located
within ten (10) feet of any rear property line.
E.
Garage Area Per Lot. No private garages shall provide storage for
more than one (1) vehicle for every two thousand (2,000) square feet
of lot area.
F.
Minimum Requirements. The following are minimum requirements for
Small House construction and placement:
1.
Height: Maximum structure height two (2) stories or thirty (30)
feet.
2.
Living Space: Maximum square footage including all floors one
thousand forty (1,040).
3.
Minimum square footage including all floors seven hundred (700).
4.
Foundation: Must be frost proof concrete slab, crawl space or
basement.
5.
Anchor: House must be anchored to withstand minimum ninety (90)
mph wind load, and permanently affixed to the foundation.
6.
Roof: Must be pitch roof constructed of metal roofing or composite
shingles.
7.
Building Code. House must meet current City adopted building
code, utilizing minimum standard building materials unless constructed
and sealed as HUD certified. Storage buildings, storage containers,
and shipping containers converted to Small Houses are not accepted.
Units must have characteristics of a typical home.
8.
New: Small Houses not built on site, must be new (current year)
and not previously lived in.
9.
Building Permits. Building permits and inspections are required
for site work, foundations and houses built off site (if not HUD certified).
G.
Parking. Off street automobile and vehicular parking and loading
areas shall be provided.
