[CC 1996 §405.090; CC 1977 §42.090; Ord. No. 1105 §X, 5-10-1999]
|
District
|
Agricultural
|
Highway Commercial
|
Central Business
|
Industry
|
|---|---|---|---|---|
|
Section
|
405.120
|
405.190
|
405.200
|
405.210
|
|
Maximum Height
| ||||
|
Feet
|
35
|
35
|
45
|
45
|
|
Stories
|
2½
|
2½
|
3
|
3
|
|
Minimum Yard Requirements
| ||||
|
Front
|
30
|
30
|
—
|
30
|
|
Side
|
15
|
8*
|
—
|
8*
|
|
Rear
|
30
|
30
|
—
|
30
|
|
*Applies only when a commercial or industrial building abuts
a residential district.
| ||||
|
Minimum Residential**
Lot Area Per Family
| ||||
|
Single
|
1 acre
|
7200#
|
7200#
|
—
|
|
Two
|
—
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3600#
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3600#
|
—
|
|
Multiple
|
—
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1500#
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1500#
|
—
|
|
Minimum Residential**
Lot Widths
| ||||
|
Single
|
150 feet
|
60 feet
|
60 feet
|
—
|
|
Two
|
—
|
60 feet
|
60 feet
|
—
|
|
Multiple
|
—
|
60 feet
|
60 feet
|
—
|
|
** Area requirements do not apply to commercial or industrial
uses.
# Area in square feet.
| ||||
[CC 1996 §405.100; CC 1977 §42.100; Ord. No. 599 §§2 — 3, 12-4-1978; Ord. No. 1014 §I, 6-9-1997]
A.
The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
Public, semi-public or public service buildings, hospitals, institutions
or schools, when permitted in a district, may be erected to a height
not exceeding sixty (60) feet if the building is set back from each
yard line at least one (1) foot for each two (2) feet or additional
building height above the height limit otherwise provided in the district
in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevators, bulkheads,
fire towers, monuments, stacks, stage towers or scenery lofts, tanks,
water towers ornamental towers, spires, wireless towers, grain elevators
or necessary mechanical appurtenances are exempt from the height regulations
as contained herein.
3.
Accessory buildings may be built in a required rear yard but such
accessory buildings shall not occupy more than thirty percent (30%)
of a required rear yard and shall not be nearer than two (2) feet
to any side or rear lot line, except that when a garage is entered
from an alley, it shall not be located closer than ten feet (10) to
the alley line. If a garage is located closer than ten feet (10) to
the main building, the garage shall be regarded as part of the main
building for the purposes of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced and no accessory
building shall be used for dwelling purposes, other than by domestic
servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed
by any structure, except for the projection of sills, belt course,
cornices and ornaments and features which are not to exceed twelve
(12) inches.
6.
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fireproof outside stairways and
balconies opening upon fire towers and the ordinary projections of
chimneys and flues into the rear yard may be permitted by the Administrative
Officer for a distance of not more than three and one-half (3½)
feet and where the same are so placed as not to obstruct light and
ventilation.
8.
An open unenclosed porch or paved terrace may project into a front
yard for a distance not exceeding ten (10) feet. An unenclosed vestibule
containing not more than forty (40) square feet may project into a
front yard for a distance not to exceed four (4) feet.
9.
Terraces, uncovered porches, platforms and ornamental features which
do not extend more than three (3) feet above the floor level of the
ground story may project into a required yard, provided these projections
be distant at least two (2) feet from the adjacent side lot line.
10.
For the purpose of the side yard regulations, a two-family dwelling
or a multiple dwelling shall be considered as one (1) building occupying
one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial
purpose, more than one (1) main building may be located upon the lot
or tract, but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or
more related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot; provided however, that the open spaces between buildings
that are parallel or within forty-five degrees (45°) of being
parallel shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings and forty (40)
feet for three- or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by
a building, the minimum width of the open space shall be at least
twenty (20) feet for one-story buildings, thirty (30) feet for two-story
buildings and forty (40) feet for three- or four-story buildings.
14.
No side yards are required where dwelling units are erected above
commercial and industrial structures.
15.
(Reserved)
16.
The required front yard on one (1) street side of a corner lot shall be as established in Sections 405.360 or 405.370(18) of this Code. The front yard requirement on the other street side of a corner lot may be reduced to the side yard requirement for the district in which said lot is, except that the corner of the building nearest the street intersection must be at least twenty (20) feet from one (1) of the street side property lines.
17.
Whenever a lot at the effective date of this Chapter has a width
of less than sixty (60) feet, the side yards may be reduced to a width
of not less than ten percent (10%) of the width of the lot, but in
no instance shall it be less than five (5) feet.
18.
The front yards heretofore established shall be adjusted in the following
cases:
a.
Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have (with a variation of five (5)
feet or less) a front yard greater in depth than herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest to the street
line.
b.
Where forty percent (40%) or more of the frontage on one (1) side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have a front yard of less depth than
herein required, then:
(1)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of existing buildings on both sides,
the minimum front yard shall be a line drawn between the two (2) closest
front corners of the adjacent building on each side, or
(2)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of an existing building on one (1) side
only, such building may be erected as close to the street as the existing
adjacent building.
[CC 1996 §405.110; CC 1977 §42.110]
A.
No
building shall be erected, enlarged to the extent of increasing the
floor area by as much as fifty percent (50%) or changed in use unless
there is provided on the lot space for the parking of automobiles
or trucks in accordance with the following minimum requirements. These
regulations do not apply to the "B-2" District.
1.
Bowling alley. Five (5) parking spaces for each
alley.
2.
Business, professional or public office building, studio,
bank, medical or dental clinic. Three (3) parking spaces
plus one (1) additional parking space for each four hundred (400)
square feet of floor area over one thousand (1,000).
3.
Church. One (1) parking space for each four (4)
seats in the main auditorium.
4.
College or school. One (1) parking space for each
eight (8) seats in the main auditorium or three (3) spaces for each
classroom, whichever is greater.
5.
Community center, library, museum or art gallery. Two (2) parking spaces plus one (1) additional space for each three
hundred (300) square feet of floor area in excess of two thousand
(2,000) square feet.
6.
Dwellings. One (1) parking space for each dwelling
unit.
7.
Hospital, sanitarium, home for the aged or similar institution. One (1) parking space for each four (4) beds.
8.
Hotel. One (1) parking space for each three (3)
sleeping rooms or suites plus one (1) space for each two hundred (200)
square feet of commercial floor area contained therein.
9.
Manufacturing or industrial establishment, research or testing
laboratory, creamery, bottling plant, warehouse or similar establishment. One (1) parking space for every two (2) employees on the maximum
working shift plus space to accommodate all trucks and other vehicles
used in connection therewith.
10.
Mortuary or funeral home. One (1) parking space
for each fifty (50) square feet of floor space in slumber rooms, parlors
and individual funeral service rooms.
11.
Private club or lodge. One (1) parking space for
every ten (10) members.
12.
Restaurant, nightclub, cafe or similar recreation or amusement
establishment. One (1) parking space for each one hundred
(100) square feet of floor area.
13.
Retail store or personal service establishment. One (1) parking space for each two hundred (200) square feet of
floor area.
14.
Rooming or lodging house. One (1) parking space
for each two (2) sleeping rooms.
15.
Sports arena, stadium or gymnasium (except school). One (1) parking space for each five (5) seats or seating spaces.
16.
Theater or auditorium (except school). One (1) parking
space for each five (5) seats or bench seating spaces.
[Ord. No. 1387 §I(430.010 —
430.080), 10-20-2003; Ord. No. 1460 §I(430.020), 2-28-2005]
A.
Purpose. This Sections sets out the minimum landscaping
and buffering requirements for all new construction and development
within the City of Bowling Green, Missouri.
B.
Plans Required — Scope Of Review. All plans submitted
in support of a building permit application, except for single-family
and two-family dwellings, shall include a landscape and buffering
plan that meets the requirements of this Section. All such landscape
and buffering plans shall be submitted to and reviewed by the Planning
and Zoning Commission after the adjoining property owners have been
notified in writing of such hearing to review and consider the following:
1.
Anticipated visual and noise effect of proposed buildings and uses
on surrounding, existing buildings and uses;
2.
Effectiveness of proposed screening methods and placement of plantings
and materials; and
3.
Seasonal variations associated with proposed plantings and vegetative
materials. In appropriate circumstances, the Planning and Zoning Commission
shall have authority:
a.
To require substitution of proposed plant species, installation of
additional plant materials or of materials of greater size or volume,
clustering of plant materials and utilization of other screening and
buffering methods including, without limitation, installations of
sightproofed decorative fencing and increasing depth of buffer areas;
and
b.
To vary the specific requirements of this Section upon a finding
that such variations are necessary to enhance effectiveness of screening
and buffering, will promote a more visually pleasing and harmonious
result and will achieve the objectives of this Section.
C.
Intent. The purpose of such landscaping is to provide greenery
to visually soften paved areas and buildings along with noise abatement,
provide shade, give maximum absorption of surface water and generally
enhance the quality and appearance over the entire area of the project.
D.
Landscaping. All land areas that are to be unpaved and not
covered by buildings shall be brought to finished grade, planted to
grass or other ground cover while receiving tree plantings and shrubs
in reasonable quantity/size.
E.
Buffers. Right-of-way and transition buffers shall be required
to be located along those portions of a project that are adjacent
to public rights-of-way and along those portions adjoining lots with
a different zoning classification. In the case of modifications or
additions to an exiting building or site, buffers shall only be required
along those portions of the site that are directly affected by the
proposed improvements as determined by the City. The developing property
shall always be responsible for providing required right-of-way and
transition buffers.
F.
Screening Requirements.
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
1.
When off-street parking areas for six (6) or more vehicles are
located within, or adjacent to, a Residential District, and where
such parking areas are not entirely screened visually from such lot
by an intervening building or structure, a continuous visual screen
with a minimum of six (6) feet shall be provided between the parking
area and said lot or Residential District. Such screen shall consist
of a solid fence or masonry wall, a compact evergreen hedge or foliage
screening.
2.
When off-street loading areas are located within, or adjacent
to, a Residential District, and where such loading areas are not entirely
screened visually from such lot by an intervening building or structure,
a continuous visual screen with a minimum of eight (8) feet shall
be provided between the loading area and said lot or Residential District.
Such screen shall connect a solid fence or masonry wall, a compact
evergreen hedge or foliage screening.
G.
Species Mix, Size And Installation. Where required or permitted,
trees shall be of ornamental, evergreen or of the large deciduous
types, such as oak, maple, ash, hickory or thornless honey locust.
Use of the following trees is discouraged and should not be used to
satisfy the landscaping or buffering standards of this Section: box
elder, soft maple, hackberry, american elm, polar, ailanthus (tree
of heaven), willow or mimosa.
1.
In lawn areas or landscaped open space, one (1) shade tree per three
thousand (3,000) square feet of such lawn or landscaped open space.
2.
In or adjacent to parking lots, one (1) tree for each ten (10) parking
spaces shall be provided.
3.
If islands are provided for landscaping, each island shall be protected
by concrete vertical curbs or similar permanent structure, but not
less than the size of one (1) parking space and contain one (1) or
more shade/ornamental trees, shrubs and/or ground cover.
4.
Medium and large deciduous trees planted shall have a minimum diameter
of one and three-fourths (1¾) inches measured at a point that
is at least six (6) inches above ground level.
5.
Small deciduous and ornamental trees planted shall have a minimum
diameter of one and one-half (1½) inches measured at a point
that is at least six (6) inches above ground level.
6.
Conifers planted shall have a minimum height of five (5) feet.
7.
All landscaping shall be installed according to sound nursery practices
in a manner designed to encourage vigorous growth.
H.
Maintenance. Trees, shrubs, fences, walls and other landscape
features depicted on plans approved by the City shall be considered
as elements of the project in the same manner as parking, building
materials and other details are elements of the plan. The applicant
shall be responsible for the following:
1.
Regular maintenance of all landscaping in good condition and in a
way that presents a healthy, neat and orderly appearance. All landscaping
shall be maintained free from disease, pests, weeds and litter. The
maintenance shall include weeding, watering, fertilizing, pruning,
mowing, edging, mulching or other maintenance as needed and in accordance
with acceptable horticultural practices.
2.
The repair or replacement of required landscape structures to a structurally
sound condition.
[CC 1996 §405.130; Ord. No. 1375 §I, 9-22-2003]
A.
Purpose And Definitions.
1.
Section 704 of the Federal Telecommunications Act of 1996, 47 U.S.C
332(c)(7), provides that local governments may, pursuant to their
inherent zoning authority, regulate the placement, construction and
modification of telecommunications facilities, provided that the local
government does not unreasonably discriminate among providers of functionally
equivalent services or prohibit or have the effect of prohibiting
the provision of telecommunication services.
2.
The City of Bowling Green, Missouri, finds that telecommunications
facilities may require large structures or towers, whose height and
footprint may not be compatible with adjoining uses.
3.
The City of Bowling Green, Missouri, further finds that the public
interest is best served by enacting specific siting regulations that
will provide for the placement of telecommunications facilities in
areas least likely to negatively affect property.
4.
Purpose. It is the intent of the City of Bowling
Green, Missouri, that the provisions of this Section be construed
so as to balance the following interests: ensuring the compatibility
of proposed facilities with surrounding areas by establishing standards
for location, application procedures and requirements, building permit
requirements, criteria for review, design standards, variance requests,
abandonment, penalties and coordination with zoning ordinance.
5.
ALTERNATIVE ANTENNA SUPPORT STRUCTURES
ANTENNA
APPLICANT
CO-LOCATION
EQUIPMENT ENCLOSURE
FAA
FCC
GUYED TOWER
HEIGHT
LATTICE TOWER
MODIFICATION
MONOPOLE TOWER
PLANNING COMMISSION
PUBLIC PROPERTY
TELECOMMUNICATIONS ACT
ZONING APPEALS BOARD
Definitions. For the purpose of this Chapter, the
terms mean or include:
Manmade trees, clock towers, bell steeples, flag or light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennae or antenna support structures.
A mounted exterior apparatus designed for the transmission
and/or reception of telephonic, radio, television or other wireless
communications and/or data.
Any provider or any person, partnership or company who files
an application for any permit necessary to install, maintain or remove
a telecommunications service facility within the City.
The use of a common antenna support structure or common site
by two (2) or more telecommunications providers.
A building or other structure, including, but not limited
to, shelters, cabinets or vaults, used to house and/or store equipment
used in the operation or maintenance of a telecommunications facility.
The Federal Aviation Administration.
The Federal Communications Commission.
Any variety of telecommunications antenna support structure
that uses wire guys connecting above grade portions of the structure
diagonally with the ground to provide support for the structure, antennas
and/or connecting appurtenances.
The distance measured vertically from the highest point when
positioned for operation to the lowest point that is defined as the
bottom of the base of the structure being measured at either roof
or ground level. The height of a tower shall include the height of
any antenna positioned for operation.
A telecommunications antenna support structure that consists
of vertical and horizontal supports and metal crossed strips or bars
to support an antenna and connecting appurtenances.
The physical changing of any portion of a telecommunications
facility from its description in a previously approved permit, including,
but not limited to, structural design and physical appearance changes,
but not necessarily technology upgrades.
A telecommunications antenna support structure consisting
of a single pole to support an antenna and connecting appurtenances
and which is constructed with or without guy wires or ground anchors.
The Planning and Zoning Commission of the City of Bowling
Green.
Any and all property owned or otherwise controlled by the
City of Bowling Green.
The Telecommunications Act of 1996, 47 U.S.C. 151 et seq.,
as now and hereafter amended.
The Board of Adjustment of the City of Bowling Green.
B.
Preferred/Disfavored/Prohibited Facility Location Sites.
2.
Disfavored location sites. Any property zoned for
medium density multiple-family dwelling district "R-3", high density
multiple-family dwelling district "R-4" residential manufactured home
park district "RMH" and highway business district "B-1".
3.
Prohibited location sites. Any site zoned single-family
dwelling district "R-1", two-family dwelling district "R-2", business-residential
overlay district "BR" and central business district "B-2". (City-owned
water towers)
C.
Application Procedure And Requirements. Application for
all construction and/or modification of a telecommunications facility
shall be made by permit application/fee prior to the commencement
of construction and/or modification. The following information is
required for and should be submitted with the application:
1.
Engineering report from a qualified Missouri engineering firm which
shall include:
a.
A scaled plan and elevation view, support drawings, location and
dimensions of the structure, equipment facilities, topography, radio
frequency coverage and tower height requirements.
b.
Documentation of height above grade for potential mounting positions
for co-located antennae.
c.
Description of the facility's capacity and power density, including
the number and type of antennae that it can accommodate.
d.
Documentation of the structural integrity of the antenna support
structure.
2.
Site plan or plans submitted by the applicant showing setbacks, equipment
facilities, access to site, adjacent roads, parking, fences, landscaped
areas, rights-of-way distances, historical significance and adjacent
property uses.
3.
Site landscaping design and maintenance plans.
4.
Applicant shall submit fencing plan.
5.
Applicant must produce a certificate of insurance demonstrating protection
against claims in amount not less than one million dollars ($1,000,000.00).
6.
An inventory of existing personal wireless service facilities within
the City or within one (1) mile of the City's border, including specific
information about the location, structure height, base elevation above
sea level and design of each tower or antenna.
7.
A determination based on sound engineering evidence demonstrating
whether the proposed location will provide optimal vs. minimal level
of coverage.
8.
A summary explanation of why the applicant believes the proposed
facility cannot be located on an existing tower.
9.
An estimate detailing the total cost of locating the proposed personal
wireless facility. Upon completion of construction and prior to commencing
operation, the actual final completed cost shall be certified.
10.
A legal description of the cell site.
11.
Copies of any environmental documents required by all Federal or
Missouri agencies.
12.
A statement of the approximate distance between the proposed facilities
and the nearest residential property.
13.
Other required information.
a.
Street address, land lot and zoning district.
b.
Applicant's notarized authorization to act on behalf of property
owner, if applicable.
c.
Copy of warranty deed of the subject property.
d.
Property owner's notarized certification of ownership and zoning
compliance.
e.
Application fee of three hundred fifty dollars ($350.00).
f.
Any information that is required by other Sections of the City's
zoning ordinance.
D.
Design Standards And Building Requirements.
1.
Building codes and safety standards. All telecommunications
facilities shall be constructed, modified and maintained in compliance
with applicable building codes and the standards for such telecommunications
facilities that are published by the FCC and FAA.
2.
Regulatory compliance. All telecommunications facilities
shall meet or exceed standards and regulations as may be amended of
the FCC and FAA.
3.
Safety inspections. Every two (2) years after a
facility becomes operational, the facility owners/operators shall
conduct safety inspections of each antenna and facility in accordance
with the Electronic Industries Association and FCC to ensure structural
integrity by a qualified engineer licensed to practice in Missouri.
4.
Setbacks. All telecommunications facilities must
be set back a minimum of one hundred (100) feet plus one hundred percent
(100%) of tower height from the right-of-way and the nearest property
line.
5.
Structural integrity. To ensure the structural integrity
of the antenna support structure, the owner shall ensure that the
tower withstands a one hundred (100) mph wind, one (1) inch ice load
and is maintained in compliance with industry standards.
6.
Height restrictions. The maximum heights for all
telecommunication structures, regardless of zoning classification
of the property on which the structure is located, shall be two hundred
fifty (250) feet including lighting rods.
7.
Landscape and buffer requirements. Landscaping shall
effectively screen the view of the compound area from public right-of-ways,
property and residential property. It shall be the responsibility
of the facility owner to maintain all landscape and buffer areas.
8.
Security fencing. All facilities shall be enclosed
by decay-resistant security fencing not less than six (6) feet in
height and equipped with appropriate anti-climbing devices or other
similar protective devices to prevent unauthorized access to the facility.
9.
Lighting. No illumination is permitted on tower
facilities unless required by the FAA.
10.
Advertising. No advertising of any kind is permitted
on telecommunication facilities.
E.
Building Permit Requirements.
1.
An itemized list of all equipment cost associated with the proposed
telecommunications facility.
2.
Written certification from the applicant that the proposed telecommunications
facility meets all FAA and FCC standards and regulations.
3.
A building permit fee as set by the Building Inspector of the City.
F.
Criteria For Review.
1.
Determination of whether the applicant is in conformity with the
goals set forth in this Chapter by the Planning and Zoning Commission.
2.
Determination of whether the applicant has cooperated with other
telecommunications providers in co-locating additional antennae on
antenna support structures and/or on existing buildings.
3.
Determination of whether the applicant meets or exceeds the requirements
of this Chapter and the City's zoning ordinance.
4.
A review of all other standards for evaluation by the Planning and
Zoning Commission.
G.
Variance Requests Of Board Of Adjustment. The Board of Adjustment
shall have authority to consider and recommend approval of an application
for a variance in cases that can be shown by applicant to cause special
difficulties within the scope of the project. Approval of a request
for a variance shall be narrowly construed and shall be based on an
evaluation of the operational needs of the telecommunications provider,
alternative locations and/or the antenna support structure upon which
a proposed antenna might be located and/or the absence of co-location
opportunities as shown by the applicant's good faith efforts respecting
existing facilities within one-quarter (¼) mile of the proposed
site. Evidence shall demonstrate that no practical alternative is
reasonably available to the applicant as balanced against any detrimental
effect on the surrounding properties.
[Ord. No. 1833 §§ 1 —
2, 3-20-2017]
H.
Abandonment And Penalty. A telecommunications facility may
be determined to be abandoned because of discontinued use or falling
into disrepair or non-compliance with standards set forth in this
Chapter and the Zoning Code of the City. The City may seek to have
the abandoned telecommunications facility removed regardless of the
owner/operator's intent to operate the facility and regardless of
any permits, Federal, State or otherwise, which may have been granted.
1.
Abandonment. Any telecommunications facility not
operated for a continuous period of twelve (12) months shall be considered
abandoned, whether or not the owner or operator intends to make use
of it or any part of it.
2.
Removal. The owner/operator of a telecommunications
facility and the owner of the property where the facility is located,
if not public property, shall jointly and severally be under a duty
to remove the abandoned telecommunications facility.
3.
Remedies for abandonment. If such facility is not
removed within sixty (60) days of receipt of removal notice from the
City, the City may remove such facility and place a lien upon the
property for the cost of removal and the City may pursue any and all
legal remedies available to it to insure that abandoned telecommunications
facility are removed and to recover all costs associated with the
removal.
4.
Penalty for violation of Chapter. Any person who
erects or attempts to erect a telecommunications facility covered
by this Chapter without having first obtained the necessary permits
or variance in the manner provided or fails to remedy in a timely
manner a facility that is in disrepair or non-compliance shall be
deemed in violation of this Chapter punishable either by a fine not
to exceed five hundred dollars ($500.00) or by imprisonment not to
exceed sixty (60) days or both.
I.
Coordination With Zoning Ordinance. Notwithstanding any
provision of the ordinance to the contrary, no conditional use permit,
building permit or variance granted under this Section shall be transferable
from the individual and/or entity to whom said permit or variance
was granted at any time prior to the completion of the telecommunications
facility for which said conditional use permit or variance was granted.
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
A.
Adult Business. Any business enterprise which:
1.
Has as a primary business purpose the sale, display or rental
of goods that are designed for use in connection with specified sexual
activities or that emphasizes matters depicting, describing or relating
to specified sexual activities or specific anatomical areas; or
2.
That has one (1) of the following as a primary business purpose:
a.
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities;
b.
The providing of non-medical services related to specified sexual
activities or specified anatomical areas.
B.
Adult business also includes, but is not limited to, any and all
of the following, defined herein:
1.
Any of the following businesses offering goods for sale or rent:
a.
Adult Retail Establishment. An establishment which, as a primary
business purpose, offers for sale or rent any one (1) or more of the
following: Instruments, devices, gifts or paraphernalia which are
designed for use in connection with specified sexual activities, or
clothing that graphically depicts specified anatomical areas or any
of the materials sold or rented in an adult bookstore as defined herein.
b.
Adult Bookstore. An establishment which, as a primary business
purpose, offers for sale or rent books, magazines, periodicals or
other printed matter, photographs, slides, films, videotapes, CD's,
laser disks, or any form of visual representation which is distinguished
or characterized by its emphasis on matter depicting, describing,
or relating to specified sexual activities or specified anatomical
areas.
c.
Adult Media Outlet. An establishment that has, as a primary
business purpose, the rental, sale or offering for viewing off-premises
or other use of any adult media.
d.
Adult Newsrack. Any coin or card-operated device that offers
for sale by dispensing printed material, which is distinguished or
characterized by it's emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
e.
Adult Newsstand. A free-standing structure, vehicle or booth
which, as a primary business purpose, offers for sale books, magazines,
periodicals or other printed matter, which are distinguished or characterized
by their emphasis on matter depicting or describing or relating to
specified sexual activity or specified anatomical areas.
2.
Any of the following businesses providing entertainment:
a.
Adult Entertainment Business. Any enterprise providing adult
entertainment to which the public, patrons or members are invited
or admitted.
b.
Adult Motion Picture Theater. An establishment containing a
room with seats facing a screen or projection areas where the business
is the exhibition to customers of films, videotapes, slides or motion
pictures which are intended to provide sexual stimulation or sexual
gratification to the customers and which are distinguished by or characterized
by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas.
c.
Adult Theater. An establishment located in an enclosed building
where the business is providing live performance of activities relating
to specified sexual activities or specified anatomical areas of live
performers, provided that the genitals and pubic area of all persons
and the areola and nipple of the breast of all female persons are
opaquely covered, from observation by customers and patrons.
d.
Adult Entertainment Cabaret. An establishment in which the business
is providing adult entertainment which features strippers, male or
female impersonators, go-go dancers, or live performances; or material
which is primarily characterized by an emphasis on specified sexual
activities or specified anatomical areas, provided that the genitals
and pubic area of all persons and the areola and nipple of the breast
of all female persons are opaquely covered.
e.
Adult Entertainment Studio. An establishment whose premises
is physically arranged so as to provide booths, cubicles, rooms, compartments
or stalls separate from the common areas of the premises, and in which
the business is providing entertainment which features materials or
live performances characterized by an emphasis on or relating to specified
sexual activities or the exhibition of specified anatomical areas,
provided that the genitals and pubic area or all persons and the areola
and nipple of the breast of all female persons are opaquely covered.
f.
Adult Encounter Parlor. An establishment in which the business
is the providing of premises where customers congregate, associate,
or consort with employees and/or performers or private contractors
who display specified anatomical areas in the presence of such customers,
with the intent of providing sexual gratification or stimulation to
such customers, provided that the genitals and pubic area of all persons
and the areola and nipple of the breast of all female persons are
opaquely covered.
g.
Body Painting Studios. An establishment in which the business
is maintaining, operating, or offering for compensation the applying
of paint or other substance to or on the human body by any means of
application, technique or process when the subject's body is displayed
for the customer's view of specified anatomical areas, provided that
the genitals and pubic area of all persons and the areola and nipple
of the breast of all female persons are opaquely covered.
h.
Adult Arcade. An establishment, or that part of an establishment,
which regularly features or otherwise offers to customers, in a viewing
area which is designed for occupancy by no more than one (1) person,
any live, filmed or videotaped exhibition, performance or dance of
any type by a person or persons whose exhibition, performance or dance
is characterized by the exposure of any specified anatomical area,
or by specified sexual activities, or who otherwise appear in such
attire, costume or clothing so as to expose to view specified anatomical
areas, provided that the genitals and public area of all persons and
the areola and nipple of the breast of all female persons are opaquely
covered.
i.
Exotic Dance Facility. Any building, structure or facility which
contains or is used for commercial entertainment where the patron
directly or indirectly is charged a fee to observe specified anatomical
areas, provided that the genitals and pubic area of all persons and
the areola and nipple of the breast of all female persons are opaquely
covered.
j.
Nude Modeling Agency. An establishment in the business of offering
for compensation the viewing of the human body when the subject's
body is displayed for the customers to view specified anatomical areas.
This does not apply to certified state licensed schools where persons
are enrolled in classes.
3.
Any of the following businesses that provide services:
a.
Bathhouse. An enterprise in which the business is offering baths
with other persons present who are nude or displaying specified anatomical
areas.
4.
As set forth herein the following words shall have the meanings
that follow:
a.
Adult Entertainment. Any live exhibition, performance or dance
characterized to expose any specified anatomical area, provided that
the genitals and pubic area of all persons and the areola and nipple
of the breast of all female persons are opaquely covered, or by specified
sexual activities, or by appearance of persons in attire, costume
or clothing so as to emphasize or expose through opaque clothing,
the view to specified anatomical areas.
b.
Specified anatomical areas shall include:
c.
Specified sexual activities shall include actual or simulated
acts of masturbation, sexual intercourse, deviate sexual intercourse,
physical contact with a persons clothed or unclothed genitals, pubic
area, buttocks, or the breast of a female in an act of actual or apparent
sexual stimulation or gratification, any actual or simulated acts
of sado-masochistic abuse, or the use of animals or inanimate objects
in acts of actual or apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
chapter of the Missouri Criminal Code.
d.
Nudity means the showing of the human male or female genitals,
pubic area, or buttocks with less than a fully opaque covering, the
showing of the female breast with less than a fully opaque covering
below a point immediately below the top of the areola or the showing
of the covered male genitals in a discernibly turgid state.
C.
Adult business by conditional use permit only as follows:
1.
Adult Business By Conditional Use Permit. Adult businesses can
only be located on parcels of land zoned "I" Industrial District,
and only as a conditional use subject to reapproval and conditions
of the Board of Aldermen following the lawful hearing process.
2.
Adult business establishments are hereby acknowledged to have
special characteristics and impacts upon their surroundings, and upon
the use and enjoyment of adjacent property. It is the intent of these
zoning regulations to provide for the confinement of adult business
establishments to the industrial zoned areas in which these special
impacts are judged to be the least disruptive to the use and enjoyment
of adjacent properties. These regulations are further intended to
require that adult businesses shall not be permitted to locate within
one thousand two hundred (1,200) feet of each other, so that their
operational features may not establish the dominant character of any
industrial or transitional area.
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These zoning regulations are further intended to protect and
balance lawful rights of expressions with other lawful rights of the
enjoyment and use of property. Adult business uses are determined
to have serious objectionable operational characteristics, particularly
if several such uses are concentrated, thereby having a deleterious
effect upon adjacent areas, and therefore potentially contributing
to the blight and degradation of the surrounding neighborhood. A conditional
use regulation of adult business establishments is determined to be
necessary in order to ensure that the adverse effect of such uses
will not contribute to the blighting or downgrading of surrounding
neighborhoods, whether residential or non-residential, by location
or concentration, and to ensure the stability of such neighborhoods.
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3.
Notwithstanding anything to the contrary contained herein, no
adult business shall be located closer than one thousand two hundred
(1,200) feet of any residential or commercially zoned district.
4.
No adult business establishment shall be permitted within one
thousand two hundred (1,200) feet of any religious institution, school,
City government building, public park or licensed child care center.
5.
All such distances shall be measured in a straight line without
regard to intervening properties from the closest exterior structure
wall of the adult business to the closest property line of the religious
institution, school, City government building, public park or property
zoned for residential or commercial use.
6.
No adult business shall be allowed to locate or to expand within
one thousand two hundred (1,200) feet of any other adult business
or within one thousand two hundred (1,200) feet of any other business
licensed to sell or serve alcoholic beverages, whether or not such
business is also an adult business as defined in this Section. The
distance between any two (2) adult businesses or between an adult
business and a business selling or serving alcoholic beverages shall
be measured in a straight line without regard to intervening structures
from the closest exterior structural wall of each business.
7.
The property on which such adult business is located shall have
the street frontage requirements as set forth in Zoning Code or any
amendments thereto.
8.
The property on which the adult business is located, if permitted
by conditional use, can be required to be screened by a solid masonry
wall, at least six (6) feet in height along all interior property
lines if required by the Planning Commission or the Board of Aldermen,
and approved by the Board of Aldermen as a conditional use condition.
9.
The lot on which said adult business is located shall have a
front yard setback of thirty (30) feet, a minimum side yard setback
of eight (8) feet, and a minimum depth for the rear yard of thirty
(30) feet.
10.
All parking requirements shall conform to all other provisions
contained within the Code of Ordinances of the City of Bowling Green,
including the Zoning Code.
11.
The facility in which the adult business is located shall be
designed in such a fashion that all openings, entries and windows
prevent view into such facility by any pedestrian from any sidewalk,
walkway, street or other public area. No adult business shall take
place partially or totally outside the structure of the adult business
for which it is licensed.
12.
The facility in which the adult business is located shall be
limited to one (1) wall-mounted sign no greater than one (1) square
foot of sign per linear foot of wall length not to exceed a total
of fifty (50) square feet; said sign shall not flash, blink, or move
by mechanical means, and shall not extend above the roof line of the
building. No flashing lights and/or lighting which leave the impression
of motion or movement shall be permitted.
13.
No merchandise or pictures or products, services or entertainment
offered or provided on the premises shall be displayed on the exterior
of the building or premises.
14.
Lighting for the parking area must be maintained and provided
at a minimum light level of twenty-five hundredths (0.25) footcandles
over the entire parking area; but in no point shall the light level
exceed three (3) footcandles, nor shall any increase in light levels
or visible glare be permitted beyond the lot line.
15.
The facility in which such adult business is located shall not
be in operation any time after 1:00 a.m. or prior to 9:00 a.m., except
on Sundays, when such business shall not be in operation from 1:00
a.m. until 12:00 noon.
16.
Further conditions may be placed on the premises in granting
the conditional use by the Planning Commission or the Board of Aldermen
and approved by the Board of Aldermen.
17.
Only persons eighteen (18) years of age or older shall be permitted
on the premises of any adult business.
18.
The interior premises of all adult businesses shall be equipped
with overhead lighting of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination of
not less than one (1) footcandle as measured at the floor level and
such illumination must be maintained all times that any customer or
patron is present in or about the premises.
19.
The premises of an adult business shall be physically arranged
in such a manner that the entire interior portions of any booths,
cubicles, rooms or stalls is visible from a common area of the premises.
Visibility shall not be blocked or obscured by doors, curtains, drapes,
or any other obstruction whatsoever.
20.
The premises of an adult business shall be kept in a sanitary
condition. Separate dressing rooms and restrooms for men and women
shall at all times be maintained and kept in a sanitary condition.
21.
No cubicle or room or booth used for the purpose of private
viewing of movies, videos, films, or pictures shall be occupied at
one (1) time by more than one (1) person.
22.
In any adult business granted a conditional use permit, live
nudity shall be prohibited. No person shall be permitted to appear
live in any adult business in a state of nudity as defined in this
Code.
23.
All applications for conditional use permits for adult business
shall require the submission of an accompanying site plan. The site
plan shall include, as a minimum, the following information:
a.
Proposed use and general description of proposed development.
b.
A survey by a registered land surveyor, showing property boundary
lines and dimensions; all easements, roadways, rail lines, public
rights-of-way and any part of which cross, are adjacent to, and/or
affect the subject property, or an appropriate substitute to be determined
at the discretion of the Administrative Officer.
c.
If easements are necessary, evidence that these can be obtained.
d.
Approximate north arrow and scale.
e.
Zoning classification and present use, if any, of the subject
property.
f.
General location and approximate dimensions of all vehicular
and pedestrian circulation elements, including streets, driveways,
entrances, curb cuts, parking and loading areas, and sidewalks including
slope and gradient of vehicular elements.
g.
Location and size of existing public water and sewer utilities,
electric and gas, on or adjacent to the site, and location of fire
hydrants.
h.
Copies of all requisite State and Federal permits.
i.
Location, size, use and arrangements with all proposed buildings
and computations showing height in stories and feet, floor area ratio,
total floor area, total square feet of ground area covering of proposed
and existing buildings which will remain, if any, and building separations.
j.
A stormwater management plan in compliance with the City of
Bowling Green, Missouri, Municipal Code.
k.
Location, size and arrangement of all proposed exterior signage.
l.
A landscape and buffer zone plan and drawings of any proposed
screening or buffer plantings and types of materials or plantings
used.
m.
A soil erosion control plan for the period during which construction
will be taking place and after construction is complete.
n.
Title block with the proposed name of the development; names,
address and telephone number of the property owners, date prepared
and tract designation.
o.
Lot dimensions for all proposed lots and gross acreage of each
lot, exclusive of the public right-of-way.
p.
In order to ensure architectural compatibility within non-residential
and certain residentially zoned areas, the Planning and Zoning Commission
shall require architectural drawings and profiles to accompany site
plans.
q.
Any other pertinent information required by the Administrative
Officer and/or the Planning and Zoning Commission.
[Ord. No. 1833 §§ 1
— 2, 3-20-2017]
Recreational vehicles, boats or trailers of any kind or type
shall be parked only upon private property and not on the public thoroughfares
of the City of Bowling Green.
