[R.O. 1996 § 405.170; Ord. No. 338 Art. VII § A, 11-14-1991; Ord. No. 353 § 2, 8-25-1992]
In "R-1" and "R-2" Zoning Districts,
fences not in excess of six (6) feet in height may be built on the
boundaries of that portion of any lot which comprises the yard of
such lot as defined by this Chapter.
[R.O. 1996 § 405.180; Ord. No. 338 Art. VII § B, 11-14-1991]
Every building hereafter erected,
moved or structurally altered shall be located on a lot and in no
case shall there be more than one (1) principal building and its customary
accessory buildings on any lot, except in the case of a specially
designed complex of institutional, residential, commercial or industrial
buildings in an appropriate zoning district. The development plan
for a school campus, cluster housing, shopping center or industrial
park shall be approved by the Planning and Zoning Commission before
the building permits are issued.
[R.O. 1996 § 405.190; Ord. No. 338 Art. VII § C, 11-14-1991]
Where a lot of record at the time
of the effective date of this Chapter, November 14, 1991, has less
area or width than herein required in the district in which it is
located, the owner of such lot does not own any other parcel adjacent
thereto, said lot may nevertheless be used for a single-family dwelling
provided that residential uses are a permitted use in the district.
[R.O. 1996 § 405.200; Ord. No. 338 Art. VII § D, 11-14-1991; Ord. No. 353 § 2, 8-25-1992]
No accessory building shall be constructed
upon a lot until the construction of the main building has actually
been commenced, and no accessory building shall be used unless the
main building on a lot is completed and used. Any accessory building
two hundred twenty-five (225) square feet or smaller, and single story,
must be placed a minimum of six (6) feet from the side yard and three
(3) feet from the rear line of the property. Any accessory building
over two hundred twenty-five (225) square feet, or any square feet
of building of two (2) or more stories must be placed a minimum of
six (6) feet from the side yard and six (6) feet from the rear line
of the property.
[Ord. No. 894, 8-29-2019]
A.
Qualifying Patient Medical Marijuana Cultivation. In addition to
any existing accessory uses enumerated in each district, on any lot
in the City, a person holding a current, valid medical marijuana cultivation
identification card issued by the State of Missouri may have as an
accessory use medical marijuana cultivation as permitted by Article
XIV, Section 1(7)(9) of the Missouri Constitution so long as all of
the following conditions are met:
1.
The accessory use must take place only in a facility that is
enclosed, locked, and equipped with security devices (the "cultivation
area"), all of which shall be designed in such a way as to permit
access only by the qualifying patient or by such patient's primary
caregiver and in conformance with all Federal and Missouri laws and
regulations.
2.
The State-issued qualifying patient cultivation identification
card or cultivation authorization must be clearly displayed within
the cultivation area and in close proximity to the marijuana plants.
3.
The accessory use must have an odor control system that is at
least as stringent as that which is required by Missouri regulations.
4.
No marijuana may be smoked, ingested, or otherwise consumed
or administered on the lot except by a qualifying patient.
5.
One (1) qualifying patient may cultivate up to six (6) flowering
marijuana plants and six (6) non-flowering marijuana plants at any
given time in a single, enclosed and locked facility.
6.
Two (2) qualifying patients, who both hold valid qualifying
patient cultivation identification cards, may share one (1) enclosed,
locked facility but no more than twelve (12) flowering marijuana plants
and twelve (12) non-flowering marijuana plants may be cultivated in
a single enclosed locked facility, except when one (1) of the qualifying
patients, as a primary caregiver, also holds a qualifying patient
cultivation identification card for a third qualifying patient, in
which case that primary caregiver may cultivate six (6) additional
flowering marijuana plants and six (6) additional non-flowering marijuana
plants for a total of eighteen (18) flowering marijuana plants and
eighteen (18) non-flowering marijuana plants in a single enclosed
and locked facility.
7.
All cultivated flowering marijuana plants in the possession
of a qualifying patient or primary caregiver shall be clearly labeled
with the qualifying patient's name.
8.
All medical marijuana cultivation must cease immediately upon
the expiration or revocation of a State-issued qualifying patient
cultivation identification card.
9.
Nothing in this Section shall convey or establish a right to
cultivate medical marijuana in a facility or premises where State
or Federal law or a private contract would otherwise prohibit doing
so.
[R.O. 1996 § 405.210; Ord. No. 338 Art. VII § E, 11-14-1991]
On a corner in any residential district,
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as materially to impede vision between a height of two and
one-half (2 1/2) and ten (10) feet above the center line grades
of the intersecting streets in the area bounded by the street lines
of such corner lots and a line joining points along said street lines
fifty (50) feet from the point of intersection.
[R.O. 1996 § 405.220; Ord. No. 338 Art. VII § F, 11-14-1991; Ord. No. 353 § 2, 8-25-1992]
Automobile vehicles or trailers of
any kind or type without current license plates shall not be parked
or stored on any zoned property other than in completely enclosed
buildings.
[R.O. 1996 § 405.155; Ord. No. 706 § 1, 6-14-2012]
A.
Multiple-user trash collection containers (i.e., dumpsters) shall not be used within the "M-1" zoning district but for the exception stated in Subsection (B).
B.
Temporary (roll-off) dumpsters may be used
for bulk disposal purposes in the event of a mobile home cleanout.
At no time shall said dumpster be present at the property, or within
the zoning district, for a period of over twenty-four (24) hours.
[R.O. 1996 § 405.230; Ord. No. 338 Art. VII § 6, 11-14-1991; Ord. No. 387 §§ 5
— 6, 9-22-1994]
A.
The types of signs permitted in each district
shall be as follows:
1.
Districts "R-1" And "R-2."
a.
Church signs.
b.
Home occupation signs in accordance with Section 405.020(B) of this Chapter.
c.
One (1) sign not exceeding thirty-six
(36) square feet referring to the construction, rent or sale of a
building or subdivision lot which sign shall refer to the property
on which the sign is located and shall be removed as soon as the premises
are sold, rented or construction is completed.
4.
Illuminated Signs. Illuminated signs
are permitted only in the "B-1," "I-1" and "I-2" Districts; provided,
however, that lights illuminating the signs shall not be so installed
as to project into residential districts.
5.
Temporary Signs — Non-Profit.
Temporary signs will be allowed to be erected fifteen (15) days prior
to an event and must be removed no later than seven (7) days after
event is over. The City Clerk must be advised that a sign will be
erected prior to doing so. There will be no permits or fees required.
This will be permitted in all zoned districts.
6.
Garage/Yard Sale Signs. Garage/yard
sale signs will be allowed to be erected three (3) days prior to the
event and must be removed no more than two (2) days after the event
is over. The signs must contain the street address, day and month
on the sign face. If dates are not complied with, the resident located
at the address on the sign will be subject to citation and fine. Signs
will be removed if all required information is not stated on sign
when erected. This will be permitted in all zoned districts.
[R.O. 1996 § 405.240; Ord. No. 353 § 2, 8-25-1992]
Any lot in any district shall have
the minimum lot frontage abutting a public street as provided in the
district in which it is located. The only exception to this requirement
may be in a planned unit development. In addition, any building placed
on any lot or parcel shall be placed so as to face its principal frontage
upon a street, or upon an officially approved place.
[R.O. 1996 § 405.250; Ord. No. 353 § 2, 8-25-1992]
All pools must be six (6) feet from
side yard and three (3) feet from rear line of property. Residents
must notify the City of Gerald of intention so that utility easements
may be checked.
[Ord. No. 894, 8-29-2019]
A.
Additional Regulations For Medical Marijuana Dispensaries. All medical
marijuana dispensaries in the City shall, at all times, comply with
the following regulations:
1.
Spacing Requirement For Medical Marijuana Dispensaries. No medical
marijuana dispensary shall be located within three hundred (300) feet
of any then-existing elementary school or secondary school. As used
in the previous sentence, "then-existing" shall mean any elementary
school or secondary school with a building permit from the City to
be constructed, or under construction, or completed and in use at
the time the medical marijuana dispensary applies for a zoning permit.
No medical marijuana dispensary shall be required to be a prescribed
distance from a child day-care facility or church.
a.
When measuring the spacing requirement, the following guidelines
shall be followed:
(1)
In the case of a freestanding medical marijuana
dispensary facility, the distance between the facility and the elementary
or secondary school shall be measured from the external wall of the
facility structure closest in proximity to the elementary or secondary
school to the closest point of the property line of the elementary
or secondary school.
(2)
In the case of a medical marijuana dispensary facility
that is part of a larger structure, such as an office building or
strip mall, the distance between the facility and the elementary or
secondary school shall be measured from the property line of the elementary
or secondary school to the facility's entrance or exit closest in
proximity to the elementary or secondary school.
(3)
Measurements shall be made along the shortest path
between the demarcation points that can be traveled by foot.
2.
State License Required. All medical marijuana dispensaries must
have the appropriate license and any other required authorization
to operate the medical marijuana dispensary from the Missouri Department
of Health and Senior Services to operate in the City. Applicant may
seek zoning approval prior to being granted a State license, but no
final approval shall be given until such State-issued license has
been obtained and satisfactory proof of such licensure has been provided
to the City. Continued operation in the City shall always require
such licensure to remain valid.
3.
Outdoor Operations Or Storage. No outdoor operations or storage
shall be allowed.
4.
Odor Control And Nuisance. Every medical marijuana dispensary shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
5.
On-site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or administered on the premises of any medical
marijuana dispensary.
6.
Hours Of Operation. All sales or distribution of medical marijuana
and any other products sold to the public through a medical marijuana
dispensary shall take place between the hours of 9:00 A.M. and 9:00
P.M. Monday through Friday, from 9:00 A.M. to 6:00 P.M. Saturday,
and from 10:00 A.M. to 6:00 P.M. Sunday.
7.
Security. Medical marijuana dispensaries shall be secured and
closed to the public after the hours listed in this Subsection and
no persons not employed by the medical marijuana dispensary may be
present in such facility at any time closed to the public. Medical
marijuana dispensaries shall have and maintain security systems, equipment,
personnel, and procedures at least as stringent as those which are
required by State regulations.
8.
Display Of License Required. The medical marijuana dispensary
facility license issued by the State of Missouri and any and all licenses
issued by the City of Gerald shall be displayed in a prominent place
in plain view near the front entrance of the facility as required
by State regulations.
9.
Additional Requirements. All medical marijuana dispensary facilities
shall comply with all generally applicable provisions of the Zoning
Code, Business and Occupation Code, and other general provisions applicable
to commercial establishments in the City Code, all provisions of Article
XIV, Section 1 of the Missouri Constitution as well as any and all
rules and regulations promulgated by the Department of Health and
Senior Services for the State of Missouri regulating medical marijuana,
including but not limited to security requirements, lighting, parking,
record maintenance and retention and patient verification requirements.
B.
Additional Regulations For Non-Retail Medical Marijuana Facilities.
All non-retail medical marijuana facilities in the City shall, at
all times, comply with the following regulations.
1.
No Spacing Requirement. No non-retail medical marijuana facilities
shall be required to be a prescribed distance from an elementary school,
secondary school, child day-care facility, or church.
2.
State License Required. All non-retail medical marijuana facilities
must have the appropriate license and any other required authorization
to operate the non-retail medical marijuana facility from the Missouri
Department of Health and Senior Services to operate in the City. Applicant
may seek zoning approval prior to being granted a State license, but
no final approval shall be given until such State-issued license has
been obtained and satisfactory proof of such licensure has been provided
to the City. Continued operation in the City shall always require
such licensure to remain valid.
3.
Outdoor Operations And Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence which meets the fencing requirements found in Section 405.170 and all requirements from the rules and regulations promulgated by the Missouri Department of Health and Senior Services regarding fencing and outdoor operations and storage.
4.
On-site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed or administered on the premises of any non-retail
medical marijuana facility, except in a medical marijuana testing
facility when being administered for testing purposes authorized by
the State of Missouri Department of Health and Senior Services.
5.
Odor Control And Nuisance. All non-retail medical marijuana facilities shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Chapter 215, Nuisances, of the City Code.
6.
Hours Of Operation. All non-retail medical marijuana facilities
shall be closed to the public between the hours of 10:00 P.M. and
8:00 A.M. No persons not employed by the business shall be on the
premises at any time without being approved entry, logged in by building
security personnel and obtaining and displaying a visitor pass.
7.
Security. All non-retail medical marijuana facilities shall
be secured and closed to the public between the hours listed in this
Subsection and no persons not employed by the non-retail medical marijuana
facility may be present in such facility at any time closed to the
public. All non-retail medical marijuana facilities shall have and
maintain security systems, equipment, personnel, and procedures at
least as stringent as those which are required by State regulations.
8.
Display Of Licenses Required. All medical marijuana uses shall
display their license issued by the State of Missouri and any and
all licenses issued by the City of Gerald in a prominent place in
plain view near the front entrance of the facility as required by
State regulations.
9.
Accreditation, Standards, And Procedures — Testing Facilities.
Every medical marijuana testing facility shall, at all times, maintain
in good standing their accreditation as required by State regulations,
and utilize standards and procedures for personnel and for testing
medical marijuana in all forms which are at least as stringent as
those required by State regulations.
10.
Additional Requirements. All non-retail medical marijuana facilities
shall comply with all generally applicable provisions of the Zoning
Code, Business and Occupation Code, and other general provisions applicable
to commercial establishments in the City Code, all provisions of Article
XIV, Section 1 of the Missouri Constitution as well as any and all
rules and regulations promulgated by the Department of Health and
Senior Services for the State of Missouri regulating medical marijuana,
including but not limited to security requirements, lighting, parking,
record maintenance and retention and patient verification requirements.
[R.O. 1996 § 405.260; Ord. No. 353 § 2, 8-25-1992]
No permit is needed for construction
of a retaining wall, but owner must notify City of Gerald of intention,
so that utility easements may be checked.
[R.O. 1996 § 405.265; Ord. No. 598 § 2, 8-24-2006]
A.
Purpose. It is the purpose of this Section
to regulate sexually oriented businesses and related activities to
promote the health, safety and general welfare of the citizens of
the City and to establish reasonable and uniform regulations to prevent
the deleterious location and concentration of sexually orientated
business within the City. The provisions of this Section have neither
the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor the effect of this
Section to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
Section to condone or legitimize the distribution of obscene materials.
The general welfare, health, morals and safety of the citizens of
this City will be promoted by the enactment of this Chapter.
B.
ADULT CABARET
ADULT THEATER
SEXUALLY ORIENTED BUSINESS
1.
(1)
(2)
(3)
(4)
(5)
(6)
2.
3.
4.
(1)
(2)
(3)
(4)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITY
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
1.
2.
3.
Definitions. For the purposes of this Section,
the following terms shall be deemed to have the meaning indicated
below:
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, regardless of whether alcoholic beverages
are served, which regularly features persons who appear seminude.
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or seminudity, and/or live performances that
are characterized by the exposure of specified anatomical areas or
by specified sexual activities.
Includes:
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for
any form of consideration any one (1) or more of the following: books,
magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by
their emphasis upon the display of specified sexual activities or
specified anatomical areas. A principal business activity exists where
the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion-picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five (5) or fewer
persons per machine at any one time, and where the images so displayed
are characterized by their emphasis upon matter exhibiting specified
sexual activities or specified anatomical areas.
An adult cabaret.
An adult motion-picture theater. "Adult motion-picture theater"
means a commercial establishment where films, motion pictures, video
cassettes, slides, or similar photographic reproductions, which are
characterized by their emphasis upon the display of specified sexual
activities or specified anatomical areas are regularly shown to more
than five (5) persons for any form of consideration.
A seminude model studio. "Seminude model studio" means a place
where persons regularly appear in a state of seminudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of seminudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its principal purposes,
purports to offer for any form of consideration physical contact in
the form of wrestling or tumbling between two (2) or more persons
when one (1) or more of the persons is seminude.
Include:
Includes any of the following:
The increase in floor area occupied by the business by more
than twenty-five percent (25%) as the floor area exists on the effective
date of this Section.
Includes any of the following:
The sale, lease or sublease of the
business;
The transfer of securities that form
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift
or other similar legal device that transfers the ownership or control
of the business, except for transfer by bequest or other operation
of law, upon the death of the person possessing the ownership or control.
C.
Location Restrictions. Sexually oriented businesses may be located, with a conditional use permit in accordance with Article IV of the Zoning Ordinance of the City of Gerald, in any commercial or industrial districts provided that:
1.
The sexually oriented business may
not be operated within:
a.
Five hundred (500) feet of a church,
synagogue or regular place of religious worship;
b.
Five hundred (500) feet of a public
or private elementary or secondary school or any institution of higher
learning;
c.
Five hundred (500) feet of any public
or private preschool facility or any property owned by a public or
private preschool facility;
d.
Five hundred (500) feet of a public
or private park;
e.
Five hundred (500) feet of a licensed
day-care center;
f.
Five hundred (500) feet of a licensed
health care facility;
g.
Five hundred (500) feet of any public
or private library;
h.
Five hundred (500) feet of any governmental
buildings or any government owned property; or
i.
Five hundred (500) feet of an entertainment
business that is oriented primarily towards children or family entertainment.
2.
No substantial enlargement of said
business or transfer of ownership or control takes place.
3.
For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of the entities described in Subsection (C)(1)(a) through (i), both inclusive, as hereinabove set forth.
D.
Non-Conforming Uses. All questions concerning whether or not the operation of a sexually oriented business has vested rights as a non-conforming use shall be determined in accordance with the provisions of Chapter 405, Article VII, of the Zoning Code of the City of Gerald. The operation of any non-conforming use shall be governed by the provisions of said Chapter 405, Article VII.
