City of Lake Lotawana, MO Supplemental Conditions for Specific Uses

Section 440.010 Accessory Buildings And Structures.

[Ord. No. 849 § 440.1, 10-16-2007]

Generally. No permit for an accessory building shall be issued until and unless a permit has been issued for the principal building. An accessory building shall not be occupied for more than one (1) year prior to beginning construction on the principal building.

Subordinate Use. An accessory building or structure is a subordinate building or structure, the use of which is secondary to and supports the principal building.

Home Occupation. Accessory buildings shall not be used for the conduct of business for a home occupation or storage for a home occupation, except as otherwise allowed by these regulations.

Section 440.020 Boat Docks.

[Ord. No. 849 § 440.2, 10-16-2007]

Permit Required.

No boat dock, boathouse, boat lift, catwalk, or other docking structure shall be constructed, modified, placed, located, relocated or maintained on Lake Lotawana unless the applicant first obtains a building permit issued by the Building Commissioner, City of Lake Lotawana, Missouri. If construction of any such structure is not completed within ninety (90) days after the issuance of a permit therefor, then the permit shall expire and become void.

Application for such permits shall be made at the City Hall on forms provided by the City and shall be accompanied by the plans for the proposed structure, which must conform to the specifications set forth in this these regulations, and required fees. If the application is for a new structure or the relocation of an existing structure, and if the Director of Public Works finds that a permit shall be issued therefor, written notice thereof shall be given to the owners of the lot closest to the requested location and the owners of any lakefront property contiguous with such lot. Such notice shall be given at least fifteen (15) days prior to the issuance of the permit and may be given by ordinary mail sent to the address of such owners as shown by the real estate tax rolls of the City.

No permit shall be issued to any applicant who does not own real estate within the Lakeside Residential District, which real estate is then improved with habitable living quarters containing toilet facilities fully complying with all City ordinances.

Design And Development Standards.

All boathouses, boat docks or other docking structures shall be rectangular in shape and shall be located as specified in the permit, and placed with the sides at right angles to the shoreline and with boat entrances at right angles to the shoreline.

Boat docks, boathouses or other docking structures must not project into the lake more than forty (40) feet from the shoreline, including the catwalk.

Fifteen (15) feet shall be maintained between adjacent docking structures, unless adjacent docking structures are to be registered to the same improved lot.

All docks and boathouses and other structures placed on the waters of Lake Lotawana shall be securely fastened or moored at or near the shoreline thereof in such manner as to prevent the same from going adrift or swinging into or colliding with any other object on the lake or in any way becoming a navigation hazard or causing damage to any property or injury to any person.

All boat docks, boathouses and other docking structures must be of the floating type with suitable anchorings to keep them positioned, and shall be Styrofoam-type flotation.

No boathouse, boat dock or other structure shall have living facilities, dressing rooms, toilet outlets or sink facilities.

The maximum dimension for the deck of a boat dock, boathouse or other docking structure shall be thirty-six (36) feet wide as measured side to side parallel with the shoreline and twenty-eight (28) feet long as measured from back to front.

The minimum dimensions for the deck of a boat dock or boathouse shall be eight (8) feet wide (along the shoreline) and eight (8) feet long (measuring from the shoreline side out to the front).

The maximum width of the roof of an open type boathouse shall not exceed two (2) feet on either side more than the width of the deck of the dock.

10.

The deck of a boat dock or boathouse shall have a maximum height of three (3) feet above the water.

11.

The peak of the roof of any boathouse shall not exceed twelve (12) feet in height above the deck. The minimum height of the roof of any open type boathouse shall be six (6) feet above the deck.

12.

No catwalk shall exceed the width of the boat dock, boathouse, boat lift or other docking structure to which it is attached.

13.

Catwalks attached to a boathouse, boat dock or other docking structure must approach from, and be attached to, the rear of that docking structure. Catwalks for boat lifts must also approach from the rear, but may attach to the side of the lift.

14.

Boat lifts are not required to float or have flotation.

15.

Owners are responsible to provide adequate flotation and anchorage for their boat docks to handle live and dead loads, including wind load and wave action and lake fluctuation levels.

16.

All flotation devices must be securely attached to the boat dock and the dock secured to the shoreline.

17.

Flotation shall be of materials which do not become waterlogged, are resistant to damage by animals and will not sink or contaminate the water. No metal covered flotation will be allowed. Foam bead flotation, such as expanded polystyrene (EPS), must be encased in a protective coating which enables it to meet the specification above. An "approved coating" is defined as warranted by the manufacturer for a period of at least eight (8) years against cracking, peeling, sloughing and deterioration from ultraviolet rays while retaining its resiliency against ice, wave, wake action and bumps by watercraft.

18.

Acceptable types of flotation material:

Encapsulated EPS;

Encased EPS;

Polyethylene;

Extruded polystyrene; and

Fiberglass drums.

19.

Unacceptable types of flotation material:

Metal drums;

EPS; and

Polyurethane.

(1)

Lumber products treated with pentachlorophenol will not be permitted for the construction of boat docks, connecting walkway ramps or support piers, or for future repairs of existing docks, walkways or piers. Chromated copper arsenate (CCA) treated lumber products is an acceptable alternative.

(2)

Substructure framing for walkways, docks and piers shall be aluminum, or steel with a hot dipped galvanized or epoxy coating.

(3)

Decking for walkways, docks and piers shall be of weather-resistant material or have a weather-resistant coating.

Maintenance.

It is the responsibility of the dock owner to ensure that the dock is properly maintained. The issuance of an administrative permit by the City does not relieve the owner from taking proper steps to ensure the integrity of the structure, the safety of persons using the dock, boats moored thereto and nearby structures.

All boat docks, boathouses, boat lifts, catwalks or other docking structures must be painted or stained in a suitable manner and must be maintained so as to provide a presentable appearance and shall be identified with the owner's block and lot number in letters and numbers at least three (3) inches in height on a vertical surface of the dock visible from the lake.

All boat docks, boathouses, boat lifts, catwalks or other docking structures in bad repair which present a safety hazard must be put in safe and presentable condition within thirty (30) days after written notice from the City.

Flotation material must be repaired or replaced to maintain a level condition of the deck of all boat docks and boathouses and other docking structures and all wooden members of the structures and/or catwalk shall be a minimum of two (2) inches above the water.

Any boat dock, boathouse, catwalk or other docking structure which is to be repaired shall require a permit for repairs if the cost of materials exceeds fifty percent (50%) of the value of the structure.

Removal Of Hazardous Docks, Boathouses, Boat Lifts, Catwalks And Other Docking Structures. All structures on the lake which are in bad repair and which present a hazard to the safety, health and welfare of the citizens of the City, and which are not repaired within thirty (30) days after written notice thereof is given to the owner shall be removed from the lake. The owner of the structure must remove the structure, but if he/she fails to do so, it will be removed by the City and the cost of removal will be charged to the owner. No boat licenses will be issued to the owner of such removed structure until any removal charge for such structure removed by the City has been paid by the owner of such structure.

Violation And Penalty. Any violation of the provisions of this Chapter is hereby expressly declared and deemed to constitute a public nuisance.

Section 440.030 Drive-In Establishments.

[Ord. No. 849 § 440.3, 10-16-2007]

Purpose. The purpose of these regulations is to provide standards for drive-in establishments, to promote compatibility of this use with adjacent land uses and to ensure safe circulation of traffic on- and off-site. Drive-in establishments/uses include restaurants, banks and other financial facilities, automatic teller machines, cleaners, pharmacies and similar uses.

Applicability. Drive-in establishments/uses may be permitted as principal or accessory uses in commercial districts. All drive-in establishments/uses shall be in conformance with the requirements of this Section.

Site Plan Requirements. Drive-in establishments/uses shall be shown on site development plans where they are proposed as an accessory use to a principal use. Applicants for drive-in establishments/uses proposed as a principal use shall submit complete site development plans.

Location. Drive-in establishments/uses as accessory uses shall not be located within the front yard of the principal building.

Stacking Space Schedule. The minimum number of stacking spaces required shall be as shown in Exhibit 440-A.

Stacking Space Layout And Design.

Minimum size: eight (8) feet by twenty (20) feet per space.

Minimum setback from property line: twenty (20) feet.

Minimum setback from street line: forty (40) feet.

Separation from other internal driveways with raised medians and parking spaces: As determined by the Zoning Administrator.

Exhibit 440-A: Drive-In Establishments/Uses Stacking Space Schedule
Use Type	Minimum Spaces	Measured From
Drive-through automatic teller machine (ATM)	4 spaces per land	ATM
Bank teller window	4 spaces per window	Teller window
Car wash, automatic	6 spaces per stall	Entrance
Car wash, self-service	2 spaces per stall	Entrance
Gasoline pump island	2 spaces per pump island	Pump island
Laundry	4 spaces per window	Order window
Pharmacy	3 spaces per window	Order window
Restaurant	8 spaces per window	Order window
Other uses	As determined by Zoning Administrator based on ITE stacking standards.

Minimum drive-through lane radius: forty-five (45) feet.

Entrances. Additional entrances shall not be permitted for drive-in structures unless recommended by the Zoning Administrator.

Order Box Noise Mitigation. The order box loudspeaker shall be positioned so that it is directed toward the vehicle and away from any abutting residential zoning district unless mitigated by a sound wall.

Buffering. The drive-in establishments/uses, including the stacking lanes, shall be buffered from abutting land uses with a buffer yard in conformance with these regulations.

Hours Of Operation If Abutting Residential Use Or District. Drive-in establishments/uses employing loudspeakers shall not be operated between 10:00 P.M. and 6:00 A.M. if abutting a residential district.

Section 440.040 Home Occupations.

[Ord. No. 849 § 440.4, 10-16-2007]

Purpose.

To permit and regulate the conduct of home occupations as an accessory and secondary use to a dwelling unit, whether owner or renter occupied;

To ensure that such home occupations are compatible with, and do not have a harmful effect on nearby residential properties and uses;

To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations;

To allow residents of the community to use their homes as a workplace and a source of livelihood, under certain specified standards, conditions and criteria;

To enable the fair and consistent enforcement of these home occupation regulations; and

To promote and protect the public health, safety and general welfare.

Generally. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the City except in conformance with the regulations, administrative procedures and standards set forth in this Section.

Home Occupation Standards. Home occupations are authorized if they comply with the performance standards set forth herein and the performance standard established in Exhibit 440-B.

Home occupations may only be operated by a full-time resident of the property.

The home in which the occupation occurs shall look like a residential dwelling and not a business establishment.

No more than two (2) home occupations shall be permitted within any single dwelling unit.

There shall be no exterior displays, no exterior storage of equipment, including unlicensed equipment, and materials, and no open lot storage.

Home occupations shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust, odors or heat detectable beyond the property lines or beyond the walls of the dwelling unit if the dwelling unit is a multi-family structure shall not be permitted.

Home occupations shall not require internal or external structural alterations of the principal residence which may change the outside appearance of the principal residence or change the residential character of the property.

Home occupations shall not require the installation of equipment or machinery creating utility demand, noise, fumes or other impacts in excess of equipment or machinery that is customary in a residential area.

Signage shall comply with the provisions of these regulations.

Noise levels from the home occupation, detectable at the property line, shall not exceed those generated by the primary use.

10.

The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation.

11.

Off-street parking spaces shall be provided as required for the residential use, plus one (1) space for each allowed employee and one (1) space for each client allowed to visit at a given time.

12.

No equipment or delivery vehicles shall exceed eight-ton capacity.

13.

Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted in residential dwellings.

Exhibit 440-B: Home Occupation Performance Standards
Performance Standard	ER	LDR	MDR	LR	THR
Located in residence or accessory structure	—	—
Located in residence only			—	—	—
Customers:
No visiting clientele					—
Only one (1) client vehicle at a time			—	—
No more than two (2) client vehicles at a time	—	—
No more than four (4) client visits per day		—	—	—
No more than eight (8) client visits per day	—
Operations limited to 7:30 A.M. to 5:30 P.M.			—	—	—
Deliveries:
No more than two (2) deliveries per day		—	—	—	—
Maximum area for home occupation:
Twenty-five percent (25%) of residential floor area		—	—	—	—
Two thousand five hundred (2,500) square feet	—
Animals:
No animals as part of business			—	—	—
Small animal grooming/training, no boarding	—	—
Non-Resident Employee Limits:
Nonresident employees not allowed			—	—	—
One (1) non-resident employee allowed	—	—

Note: Performance standards only apply in districts where a — occurs.

Exempt Home Occupations. The following home occupations shall be subject to all applicable home occupation regulations and standards of this Section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met:

Artists, sculptors, composers not selling their artistic product to the public on the premises;

Craft work, such as jewelry-making and pottery with no sales permitted on the premises;

Home offices with no client visits to the home permitted; and

Telephone answering and message services without non-resident employees.

Non-Conforming Home Occupations. All existing home occupations which are either expressly prohibited or which are not in conformity with these regulations shall be removed or modified to become conforming.

Unsafe Home Occupations. If, in the opinion of the Zoning Administrator, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Zoning Administrator shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Zoning Administrator may take any action to make the home occupation and dwelling safe. Costs incurred by the Zoning Administrator, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to these regulations.

Section 440.050 Manufactured Homes/Manufactured Home Subdivisions.

[Ord. No. 849 § 440.5, 10-16-2007]

General. A manufactured home subdivision may be allowed pursuant to a conditional use permit, but shall have a maximum density of eight (8) manufactured homes per acre.

Development Standards.

All manufactured homes shall conform to single-family residential design standards established pursuant to these regulations.

All manufactured home spaces shall abut on a hard-surfaced roadway of not less than twenty-five (25) feet in width which shall be adequately lighted and drained and shall have unobstructed access to a paved public street or highway.

Each site shall have a minimum area of four thousand (4,000) square feet.

No manufactured home or structure shall be closer than twenty-five (25) feet to any property line of the manufactured home subdivision, street or highway, nor closer than twenty (20) feet to another manufactured home or any building in the park except where manufactured homes are parked end to end, the end clearance shall be at least fifteen (15) feet.

No additions shall be built onto any manufactured home other than a porch or entryway, which shall be not less than fifteen (15) feet from the nearest manufactured home and its additions.

Service buildings or other facilities for laundry, sanitation and other uses shall be located at least twenty-five (25) feet from property lines and shall be accessible to each manufactured home by hard-surfaced access roads and walks.

All buildings and manufactured homes within the subdivision shall be served with community or municipal water supply and sewage disposal systems approved by the County Public Works Department Environmental Health Division. Each habitable structure shall have a separate metered connection to utilities.

Two (2) off-street parking spaces shall be provided for each manufactured home site and one (1) space for every fifty (50) square feet of floor area in administration and service buildings.

At a minimum, each manufactured home lot shall have not less than two (2) canopy trees measuring two and one-half (2 1/2) inches caliper measured at one (1) foot above ground level at the time of planting.

10.

Playground and recreational park spaces for use of the residents of the subdivision shall be separate in addition to the open space between the habitable structures and shall be a minimum of four hundred (400) square feet per manufactured home lot. Streets, sidewalks, parking areas and accessory buildings shall not be included in the computation of the required recreation space area.

11.

All power and telephone lines shall be installed underground and shall be in compliance with the standards of the utility provider.

12.

The site shall be graded so that surface water shall not be permitted to accumulate. The proposed drainage system shall be approved by the Public Works Director prior to construction of the streets.

13.

A Type B landscaped buffer strip, a minimum of twenty-five (25) feet in width, shall be provided around the perimeter of the subdivision.

14.

A shelter shall be provided for every park or subdivision with more than five (5) manufactured homes. The storm shelter must be constructed to accommodate fifteen (15) square feet per manufactured home in the park.

Design Standards.

Foundation. All manufactured homes shall be attached to a permanent perimeter foundation leaving no uncovered open areas excepting vents and crawl spaces. Anchor design shall be approved by the Public Works Director prior to installation and shall comply with any requirements of the State. All wheels, hitches, axles, transporting lights and removable towing apparatus shall be permanently removed prior to installation of the home.

Orientation Of Dwelling. Detached single-family dwellings shall be designed so that the minimum dimension parallel to the street line is twenty (20) feet.

Pitched Roof. Homes shall have a pitched roof with a slope that rises vertically not less than three (3) inches for each twelve (12) inches of a horizontal run.

Exterior Color And Siding. The exterior material shall be of a color, material and appearance compatible with those of existing single-family dwellings, including, but not limited to residential horizontal aluminum lap siding, residential horizontal vinyl lap siding, cedar or other wood siding, wood grain, weather-resistant, press board siding, brick, stucco, stone or masonry siding, or other siding materials which are determined by the Public Works Director to be aesthetically compatible with the above-referenced materials. Flat or corrugated sheet metal shall not be used for exterior siding material. The exterior covering material shall extend to the top of the perimeter foundation.

Canopies And Awnings. Canopies and awnings may be attached to any home and may be enclosed and used for recreation or sunroom purposes. A building permit shall be required when enclosed for living purposes.

Floor Area. A dwelling unit shall be not less than six hundred forty (640) square feet and at least seventy-five percent (75%) of its narrowest dimension shall have a minimum width of twenty (20) feet.

Design Modifications. Exceptions to these single-family residential design standards may be authorized through a special use permit when the Board of Aldermen finds that the exception will enhance the architectural character of the home and neighborhood and be compatible with adjacent development.

Approval Criteria. The Board of Aldermen shall evaluate the manufactured home subdivision based on the approval criteria established for preliminary and final plats and the following:

The effect of the proposed manufactured home subdivision on adjacent property values.

The consistency and compliance of the proposed manufactured home subdivision with the provisions of applicable City and State regulations.

The suitability of the site for the proposed use with special attention given to topography, subsurface conditions and the availability of necessary utility service.

The relationship of the population density resulting from the proposed manufactured home subdivision and the public interest.

The use of sound planning and engineering practices regarding transportation, water and sewerage.

The availability of access from existing highways and the nature of the altered traffic pattern resulting from the manufactured home subdivision.

The availability of adequate public facilities: schools, police protection, fire protection and other public services.

Conditions Of Development. In the event of approval, the Board of Aldermen shall specify appropriate conditions and safeguards to protect the character of existing and future development of adjoining properties as well as the manufactured home subdivision.

Section 440.060 Mobile Home Courts And Travel Trailer Camps Prohibited.

[Ord. No. 849 § 440.6, 10-16-2007]

It shall be unlawful to maintain or operate a mobile home court or a travel trailer camp within the corporate limits of the City.

Section 440.070 Parking Of Travel Trailers Prohibited.

[Ord. No. 849 § 440.7, 10-16-2007]

It shall be unlawful for any person to park any travel trailer of any kind on any road or right-of-way or on the property of another without his/her permission within the corporate limits of the City. When a travel trailer is parked on a road or right-of-way within the City, the Police Department is authorized to have the travel trailer towed away and stored at the owner's expense, after first notifying the owner of the violation and giving the owner three (3) hours to remove the trailer from the road or right-of-way.

Section 440.080 Parking Standards — LR Driveways — Gravel Roads.

[Ord. No. 849 § 440.8, 10-16-2007]

Parking Required For All Structures. For all buildings or structures hereafter erected, constructed, reconstructed, moved or altered, off-street parking shall be provided. Such parking spaces shall be located entirely on the same property as the main use with no portion other than the necessary drives extending into any street right-of-way or other public way.

Number Of Spaces. In all districts the minimum number of off-street parking spaces shall be provided in accordance with the requirements in Exhibit 440-C and Exhibit 440-D at the time any building or structure is erected or structurally altered.

Standards For Unlisted Uses. The Zoning Administrator shall determine the number of parking spaces required for uses not referenced in Exhibit 440-C by applying the standard for the most similar use or uses as listed in the exhibit. If there is no similar use, the Zoning Administrator shall make a determination based on available parking studies or standards.

Calculation Of Space. Any fraction of a parking space calculated as required under this Section shall be counted as a full parking space.

Location. Parking shall be provided on the same lot with the use except as permitted by this Section.

Spaces For Persons With Disabilities. Spaces for persons with disabilities shall be designed and provided as required by the Americans with Disabilities Act (ADA) standards and as shown in Exhibit 440-D.

Additional Parking Required. Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for additional parking, parking requirements shall be met for all uses on the site.

Existing Parking Facilities Maintained. Facilities being used for off-street parking on the effective date of these regulations shall not be reduced in capacity to less than the number of spaces prescribed, or altered in design or function to less than the minimum standards prescribed herein.

Head-In Parking, When Prohibited. Head-in parking from any public street that requires the drivers to either back into the parking space or back into the street to enter or exit the space shall not be permitted, except for a single driveway from a detached single-family residence or duplex, and except in the "LR" zoning district.

Exhibit 440-C: Off-Street Parking Requirements
Use Category	Definition	Specific Use Type	Minimum Parking Requirements
Residential:
Household living	Residential occupancy of a dwelling unit by a "household"	Single-family detached	2 spaces per dwelling unit
Household living	Residential occupancy of a dwelling unit by a "household"	Single-family attached	2 spaces per dwelling unit
Group living	Residential occupation of a structure by a group of people who do not meet the definition of "household living"	Group home (8 or fewer residents)	1 space per 4 beds plus 1 space per employee on maximum shift
Institutional and Civic:
Clubs		Fraternal lodges, meeting hall	1 per 250 square feet gross floor area (sf gfa)
College	Colleges and institutions of higher learning	Vocational/technical schools	1 per 2 students
College	Colleges and institutions of higher learning	All other schools	1 per 2 students
Community service	Uses providing a local service to the community	Community activity structure	1 per 250 sf gfa
Cultural	Establishments that document the social and religious structures and intellectual and artistic manifestations that characterize a society	Museums, art galleries, opera houses libraries	1 per 1,000 sf gfa
Day care	Care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day	Day-care center [more than 12 children (to age 18) or adults]	1 per 4 students
Day care		Day-care home: 1 to 5 children or adults; 6 to 12 children or adults	1 per 4 students
Health care	Uses providing medical, dental or surgical care to patients and alternative medical care	Clinics/medical dental offices	1 per 250 sf gfa
		Counseling centers (non-resident)	1 per 250 sf gfa
		Hospital/mental hospital, sanitarium, nursing home	2 per bed
		Physical and mental rehabilitation (resident)	2 per bed
Parks and open space	Natural areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, etc.	Cemetery	1 per employee
Parks and open space		Parks/lakes/ reservoirs	2 per acre
Religious assembly	Meeting area for religious activities	Small (seating capacity no more than 150)	1 per 4 seats
Religious assembly	Meeting area for religious activities	Large (seating capacity more than 150)	1 per 4 seats
Safety services	Public safety and emergency response services	Fire, Police, EMS and rescue facilities (excluding training towers and firing ranges)	1 space per 2 employees
Schools	Schools at the pre-primary, primary, elementary, middle, junior high, or high school level; other schools of instruction except colleges and vocational schools	Nursery or pre-school	1 per 4 students
		Dance/art/music schools	1 per 4 students
		Elementary schools	1 per 15 classroom seats
		Secondary schools	1 per 10 classroom seats
		All other schools	1 per 4 students
Commercial:
Lodging	Hotels, motels and similar establishments	Bed-and-breakfast inn	1 per room plus 75% of requirement for other uses
Lodging	Hotels, motels and similar establishments	Hotels/motels	1 per room plus 75% of requirement for other uses
Office	Activities conducted in an office setting and generally focusing on business, government, professional or financial services	General offices	1 per 250 sf gfa
		Government offices/structures/ facilities
		Research/ technology facilities
Recreation and entertainment	Generally large commercial uses that provide continuous recreation or entertainment-oriented activities	Swimming pools	1 per 4 persons
Recreation and entertainment		Theater	1 per 4 seats
Retail sales and service		Less than 50,000 sf gfa	1 per 200 sf gfa
		50,000 to 99,999 sf gfa	1 per 250 sf gfa
		100,000 to 300,000 sf gfa	1 per 300 sf gfa
		Over 300,000 sf gfa	1 per 350 sf gfa
Self-service storage	Uses providing separate storage areas for individual or business uses	Mini-warehouse	1 per 10 storage units plus 1 per employee on maximum shift
Vehicle service, limited	Direct service to motor vehicles	Auto mechanical repair/service	1 per 250 sf gfa
		Body shop	1 per 250 sf gfa
		Car wash	4 per stall or bay
		Gasoline sales/no service	1 per 4 pumps
Other:
Animals		Small animal care/sales kennel, indoor kennel, outdoor animal hospital	1 per 1,000 sf gfa plus 1 per employee on maximum shift
Agricultural related	Raising, producing or keeping of plants or animals and related agricultural activities	Wholesale nursery, garden	1 per 250 sf gfa
Agricultural related		Grain and seed sales	1 per 250 sf gfa

Off-Site Or Remote Parking. The Zoning Administrator may approve off-site parking when:

Both the primary use and the off-site parking are located in an area zoned for the primary use served by the off-site parking;

The required spaces may be located not to exceed three hundred (300) feet from a residential building served and not to exceed five hundred (500) feet from any non-residential building served;

The applicant has provided a written agreement that assures the ongoing availability of the parking and that has been approved as to form by the City Attorney; and

Adequate parking is provided on-site for persons with disabilities.

Parking For Mixed And Multiple-Use Developments. The Zoning Administrator may authorize a reduction in the total parking requirement for separate uses located on the same site or adjoining sites that are served by a common parking facility. Reductions pursuant to this Section shall not be granted for facilities using off-site or remote parking. In determining whether to approve an adjustment for a mixed-use development, the Zoning Administrator shall consider all relevant factors, including:

The characteristics of each use and the differences in projected peak parking demand, including days and hours of operation;

The potential reduction in vehicle movements afforded by multi-purpose use of the parking facility by employees, customers or residents of the uses served; and

The potential improvements in parking facility design, circulation and access afforded by a joint parking facility.

Parking For Persons With Disabilities. Parking spaces for persons with disabilities shall be provided in all parking lots in accordance with Americans with Disabilities Act Accessibility Guidelines (ADAAG) for Buildings and Facilities. Dimensions for disabled parking are provided in Exhibit 440-D. At least one (1) space shall be van accessible unless all spaces comply with the universal parking design as specified in ADAAG Section A.4.6. Otherwise, one (1) of every eight (8) handicapped accessible spaces shall be van accessible. All handicapped accessible spaces shall be clearly marked.

Exhibit 440-D: Parking for Persons with Disabilities
Parking Capacity	Spaces Required for Persons with Disabilities
Up to 100	4
101 to 200	6
201 or more	9 plus 1 per 100 over 500

Minimum Parking Design Standards.

Driveways and surfaced parking areas shall not occupy more than thirty percent (30%) of the front yard of any parcel in a residential district, except for the "LDR" Zoning District.

In a residential district no recreational vehicle or trailer may park other than on private property and shall not cause a visibility obstruction at the intersection of street rights-of-way. No vehicle or trailer shall be used as a dwelling while parked on private property.

Trucks and trailers in excess of twelve thousand (12,000) pounds designed and manufactured for or used for specific commercial purposes, including, but not limited to, wreckers, dump trucks, tracked vehicles, buses, construction vehicles, equipment carriers, bottling works delivery trucks, grain trucks, and refrigerated trucks are prohibited from parking in an "R" District. No vehicle in excess of twelve thousand (12,000) pounds gross vehicle weight, excluding recreational trailers and recreational vehicles, shall be parked in a residential district.

Inoperable or unlicensed passenger vehicles, watercraft and boat lifts, and inoperable trailers shall be parked within an enclosed structure in a residential district. Each day a violation of this Section occurs shall be considered a separate offense.

[Ord. No. 23-04, 4-4-2023]

"Inoperable" shall mean any wrecked or disabled vehicle, watercraft, boat lift, or trailer ("vehicle"). Any one (1) of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:

(1)

Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;

(2)

Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets, highways, and waterways;

(3)

Storage of a vehicle with one (1) or more deflated tires.

"Enclosed structure" shall mean that any vehicle identified in Section 440.080(M)(4) shall be enclosed in a way so as to be obscured from view from the public or private streets in any residential zoning district.

Offenders shall be given a warning to abate the condition within a time period prescribed by the enforcement officer, not to exceed twenty-one (21) days. Subsequently, a first offense of Section 440.080(M)(4) shall be a fifty dollar ($50.00) fine, a second offense shall be a one hundred dollar ($100.00) fine, and third and subsequent offenses shall be a one hundred fifty dollar ($150.00) fine.

Exceptions: Any type commercial vehicle, regardless of gross vehicle weight, delivering or picking up merchandise for delivery or employed in performing a repair or construction service, may park for the purpose of making such pickup or delivery, or for the duration of the period during which a repair or construction service is being performed on or to property in the area where parked.

Exhibit 440-E establishes the minimum design standards for parking areas; the Zoning Administrator may require modifications to parking lot design to ensure the safety of pedestrians, bicyclists and motorists. The Zoning Administrator may allow for up to a ten percent (10%) decrease in aisle widths for redevelopment sites when parking space widths are increased by twelve (12) inches.

Exhibit 440-E: Minimum Parking Facility Design Standards
	Maneuvering Lane Width (feet)		Parking Space Dimensions (feet)		Total Width of 2 Rows of Spaces and Maneuvering Lane (feet)
Parking Angle (degrees)	One-Way	Two-Way	Width	Length	One-Way	Two-Way
30 to 50	12	20	9	18	48	56
51 to 75	13	22	9	18	49	58
76 to 90	N/A	24	9	18	N/A	60

Landscaping shall be required for any off-street parking lot containing over ten (10) spaces as required in these regulations.

All parking areas and drives shall be ready for use prior to occupancy of a building or site, and shall be approved by the Zoning Administrator. The Zoning Administrator may grant special permission to delay this requirement due to weather conditions not being satisfactory for proper installation of surfacing materials.

All off-street parking shall be located outside of required landscape area.

10.

Off-street parking facilities and required parking facilities in any non-residential district may be located in the front yard.

11.

No part of any parking space shall be closer than five (5) feet to any established highway, road or street right-of-way line. In case a parking lot serving a commercial, industrial or multi-family development adjoins a residential district, a type "D" buffer yard shall separate it from the adjacent lot.

12.

Off-street parking areas for residential structures requiring more than three (3) parking spaces shall provide excess parking in the rear yard.

13.

Off-street parking and loading areas may not occupy any part of required open space, but may occupy a part of the required yard area, subject to the provisions of these regulations.

14.

"LR" Zoning. All newly constructed driveways and parking pads shall be hard surfaced or open hard surfaced.

Maintenance Of Required Spaces. All required parking facilities shall be maintained for the duration of the use requiring such facilities. Required parking facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles or light trucks not exceeding one (1) ton in capacity, and shall not be used for the sale, display or storage of merchandise, or for the storage or repair of vehicles or equipment.

Accessibility. Each standard parking space shall consist of an independently accessible rectangular or trapezoidal area.

Vertical Clearance. Each parking space shall have a vertical clearance of at least eight (8) feet.

Circulation. Each parking and loading area shall have adequate drives, aisles and turning and maneuvering areas for access and usability, and shall at all times have access to a street or alley and provide sidewalk access to buildings.

Parking Area Paving And Drainage. Driveways for use in the residential districts shall not be required to be paved, provided the driveway has an all-weather surface to facilitate access by emergency vehicles. However, all parking areas and driveways for uses that are projected to generate one hundred (100) or more average daily trips shall be paved. All commercial and industrial parking lots, access drives and loading areas shall be paved.

Pavement Materials. All driveway surfacing may be either eight (8) inches of gravel or chip and seal. All gravel driveways shall be coated with a dust palliative to prevent airborne dust particles. Where permanent paving is required, the surface shall consist of sufficient asphaltic concrete over a rolled stone base or Portland cement concrete as approved by the Public Works Director.

Engineered Plans Required. The Public Works Director shall require engineering design plans, signed by a professional engineer, for commercial and industrial lots of more than one (1) acre. All parking and loading facilities shall be designed, graded, paved and provided with permanent storm drainage facilities that prevent standing water on any parking area, and do not increase the flow of water onto adjacent properties, streets or alleys.

Section 440.090 Roadside Stands.

[Ord. No. 849 § 440.9, 10-16-2007]

Applicability. Roadside stands, as defined in these regulations, are a permitted accessory use and do not require a permit, provided the property owner complies with the performance standards listed in this Section.

Performance Standards.

Roadside stands shall not be operated for more than one hundred eighty (180) days in any one (1) year.

The structure shall not have more than one (1) story.

The maximum floor area of roadside stand shall be four hundred (400) square feet.

The roadside stand shall be located no closer than twenty-five (25) feet from the nearest right-of-way.

The area between the roadside stand and the nearest right-of-way shall be reserved exclusively for parking. There shall be a minimum of five (5) dust-free parking spaces.

The roadside stand shall be of portable construction permitting it to be removed from its roadside location during the seasons when it is not in use.

Signs used in connection with the road side stand shall be temporary, and shall be removed when the stand is not in use. No sign shall be placed within a public right-of-way. Maximum of signage shall be one (1) sign with a face of sixteen (16) square feet set back fifteen (15) feet from the right-of-way.

Section 440.100 Use Of Overnight Temporary Housing Unlawful.

[Ord. No. 849 § 440.10, 10-16-2007]

It shall be unlawful to use or occupy any garage, tent, travel trailer, pickup camper, motor home or any other device or motor vehicle for living accommodations within the City.

It shall be unlawful to engage in camping on any property not served by public sewers.

Exception. Children may use a tent in the yard of an occupied residence.

Section 440.110 Excavation And Substantial Land Alteration Activities — Overlay District — Quarry/Sand And Gravel.

[Ord. No. 849 § 440.11, 10-16-2007; Ord. No. 873 § 1, 7-15-2008; Ord. No. 888 §§ 1 — 2, 5-7-2009]

Applicability.

This Section applies to specific, intensive land use activities that have unique impacts both on- and off-site, including, but not limited to, quarries, sand or gravel excavation and other substantial land alteration activities. All three (3) uses are referred to collectively as "excavation activities." Such uses require special regulations to ensure their short- and long-term compatibility with the on- and off-site environment and adjacent properties and neighborhoods. For purposes of this Section, "site" shall mean all contiguous land holdings in the same ownership.

Permit applications for "excavation activities" that are to begin operation subsequent to the enactment of these regulations shall conform with all requirements articulated within this Section. Approval of permit applications for "excavation activities" associated with the existing Barber Quarry, that has been in continuous operation prior to the enactment of these regulations, shall only require conformance with:

The requirements stipulated in the June 2004 settlement agreement relative to the "Quarry Operations Area" define in Exhibit C of that document.

Section 440.110, Subsections (A) and (B); (G) through (J); (L)(1) through (4), (6) through (8) and (10) through (16); (M)(1), (3) through (8) and (10); (N)(1) through (4); (R); (T)(1); (U)(6) through (9); (Y)(2) through (4); (Z)(1) through (2); (AA) through (GG).

Purpose And Intent. The purpose and intent of this Section is:

To protect the health, safety and welfare of the citizens of the City of Lake Lotawana and to preserve the quality of life, the economy, infrastructure, environment, natural resources and natural landscapes;

To protect the environment of the City and to protect its residents from the harmful or hazardous effects of, or nuisances resulting from, substantial land alteration activities, quarrying, and sand or gravel excavation, including, but not limited to, degradation of air quality, stormwater runoff, groundwater and subsurface water quality, visual quality; erosion of soils; adverse noise and vibration; explosive hazards; adverse traffic and road conditions; and any adverse effects of processing materials;

To protect the scenic quality of the City and its natural landscapes, the environment, environmentally sensitive lands, wildlife and wildlife habitat and to protect its residents from significant adverse effects of excavation activities;

To ensure the compatibility of the proposed excavation activities with existing and anticipated future development in accordance with the City's adopted Comprehensive Plan;

To assure that the required reclamation of affected areas which are disturbed by excavation activities meet all environmental, infrastructure and aesthetic needs of the City and of surrounding properties and neighborhoods, consistent with City and Missouri DNR reclamation requirements;

To assure that necessary off-site maintenance and improvements to public roads or utilities required as a result of the on-site effects of excavation activities and the off-site effects of traffic and damage to properties are adequately and fully funded and implemented;

To provide for a fair and efficient system for the engineering, planning, environmental regulation and monitoring of excavation activities, both on- and off-site;

To protect the tax base of the community;

To protect the current and future use and enjoyment of adjacent properties;

10.

To ensure the reasonable use of limestone, sand, gravel and other mineral resources excavated or extracted from the site or the excavation activities;

11.

To establish regulations and performance standards for the excavation, processing, use and transport of earth materials, mined materials, quarried materials and unconsolidated sediments in such a manner as to ensure maximum protection to surrounding properties and to the physical environment through proper siting of activities and structures, and through the use of buffering, setbacks, visual screening, height limitations, proper access routing, operating times and appropriate noise, vibration, air quality and water quality controls;

12.

To ensure that all permitted excavation activities are compatible with City, County, regional, State and Federal water quality plans and stormwater management plans and adopted drainage or stormwater policies; and

13.

To ensure that all permitted excavation activities are compatible with all current and applicable neighborhood plans, area or regional plans, public facility and utility plans, City policies, the Comprehensive Plan and the City's budget and capital improvements program.

Substantial Land Alteration.

Substantial land alteration is a development activity that meets or exceeds any of the following thresholds:

Land disturbing activities designed to occur for more than three (3) months and less than twelve (12) months; or

The removal from a site of more than one thousand (1,000) cubic yards of earth material per acre (gross) and less than ten thousand (10,000) cubic yards of material per acre; or

The land development activity results at any time, during or following excavation, in an exposed bedrock slope steeper than three to one (3:1) that is less than ten (10) feet in height; or

A movement of one hundred (100) cubic yards or more of earth that involves a change in natural or pre-existing grades of five (5) or more vertical feet for any portion of a parcel; or

Is undertaken in connection with a subdivision of land and in compliance with all requirements for a major subdivision; or

Any movement of earth on the entire parcel in excess of one thousand (1,000) cubic yards.

Substantial land alteration activity shall be permitted in any zoning district upon obtaining a conditional use permit for such activity in accordance with all of the provisions of these regulations.

Quarry. A quarry is a development activity that meets or exceeds a substantial land alteration and meets any of the additional following thresholds:

Activities principally designed to mine, extract, or remove limestone, minerals or bedrock materials for commercial purposes; or

Resulting at any time, during or following excavation, in an exposed bedrock slope steeper than three to one (3:1); or

Resulting from one (1) or several cuts made as part of the activity at any time following excavation in an exposed rock face that is in excess of five (5) feet in height; or

Removal from a site of more than one thousand (1,000) cubic yards of earth material per acre of land being excavated, or ten thousand (10,000) cubic yards of earth for the entire site; or

The use of a crusher for rocks, limestone or other such materials.

A quarry shall only be permitted in the Office Technology Center or Estate Residential Zoning Districts after obtaining a Quarry or Sand and Gravel Overlay Zoning District detailed site and grading plans pursuant to these regulations that shall conform to all general requirements for the overlay and base zone, site plan approval and site location criteria and standards, exterior storage and reclamation standards as set forth in these regulations.

Sand Or Gravel Excavation.

Sand or gravel excavation is a development activity that meets or exceeds a substantial land alteration and meets any of the additional following thresholds:

Activities principally designed to mine, extract, or remove sand, gravel or unconsolidated sediments for commercial purposes; or

Removal from a site of more than one thousand (1,000) cubic yards of sand, gravel or unconsolidated sediments per acre of land being excavated, or more than two thousand five hundred (2,500) cubic yards from a single site;

A substantial land alteration designed to occur for more than three (3) months.

Sand or gravel excavation shall only be permitted in the Office Technology Center or Estate Residential zoning after obtaining a quarry overlay zoning district and shall conform to all general requirements for the overlay and base zones, site plan approval and site location criteria and standards, exterior storage and reclamation standards as set forth in these regulations.

Exempt Activities. Except as required for a reclamation plan, which may be imposed on any of the following activities as part of any City development approval, the provisions of this Section shall not apply to the following activities:

The land area included within fifteen (15) feet, or as reasonably defined by the Zoning Administrator to allow soil stabilization of the identified boundaries of a building submitted for a building permit.

Stormwater management facilities or other public infrastructure approved by the City.

Excavations or blasting for wells, tunnels or utilities that have received all necessary governmental approvals.

Refuse disposal sites controlled by other applicable City, State or Federal regulations.

Ongoing cemetery (burial) operations.

Construction of one (1) single-family residence.

Conditional Use Permit Required. All excavation activities defined as substantial land alteration activity pursuant to substantial land alteration shall be required to obtain a conditional use permit.

Overlay Zoning Required. All excavation activities defined as a quarry or sand or gravel excavation pursuant to quarry or sand or gravel excavation shall be required to apply for and obtain an amendment to the Zoning Map to zone the site as a Quarry or Sand or Gravel Overlay Zoning District (QSGD) upon such conditions, including payment of such fees, as the Board of Aldermen shall impose.

Other Required Permits. Excavation activities, as defined herein, include a broad range of land-disturbance activities, some of which may require additional City permits and many of which require other local, State and Federal permits. It is the sole responsibility of the applicant to secure all additional permits required by other governmental entities for the proposed use. The City may, at its sole discretion, require that the applicant obtain all other required permits prior to applying for a conditional use permit or QSGD and to require the applicant to submit evidence of such other permits to the City as part of the application.

Other Requirements. Applicants are not required to submit subdivision plans/plats for "excavation activities" nor are they required to obtain preliminary or final plat approval; provided, however, that if the activity constitutes a subdivision or platting, subdivision and platting shall be required in accordance with these regulations. Applicants for an excavation activity shall be required to submit a site plan in accordance with the requirements of these regulations.

Assessment Of Existing/Pre-Alteration Conditions. As part of an application for a QSGD or conditional use permit for land excavation activities, the applicant shall submit an assessment of existing conditions, which shall include the following additional information:

Soil types, including soil borings on a maximum five-hundred-foot grid and soils report, depth of overburden, and area to be disturbed;

Existing topography (at two-foot contours) of the property and two hundred (200) feet beyond the property lines of the site; where there is an existing water body, two-foot contours for a distance of twenty (20) feet from the waters edge into the water body shall be included;

Existing roads and rights-of-way, proposed roads as identified in the Comprehensive Plan, including adopted major street plan boundaries;

An assessment of existing roadway conditions adjacent to the site and proposed to be used for hauling. This assessment is to be prepared in coordination with, and approved by, the City Engineer;

Existing land use, land cover and structures, including fences and abandoned structures on the site and properties abutting the subject site; identification of the distance to the nearest habitable dwelling;

Boundaries of any previous excavations or excavation activities on the site or on adjacent properties;

Wells, abandoned or active, on the subject property. Where blasting is proposed, all wells, abandoned or active, within one-half (1/2) mile of the property shall be shown; where open water bodies will be created, active or abandoned wells within one-quarter (1/4) mile of the property shall be shown;

Location of any floodway, one-hundred-year flood fringe, shoreland areas and wetland delineation;

The existence and location of any historic sites or native plant communities on the property;

10.

Existing water and/or sanitary sewer lines crossing the site and any existing water or sanitary sewer facilities on the site or on property adjacent to the site;

11.

Existing public facilities on the site or on property adjacent to the site;

12.

Any schools within two thousand (2,000) feet of the outer boundaries of any portion of the site;

13.

Existing land use on all adjacent properties and on properties within one thousand (1,000) feet of the boundaries of the site;

14.

If adjacent and nearby properties are undeveloped, the current zoning of such parcels and the land use description of such parcels as shown on the adopted City Comprehensive Plan;

15.

Any adopted area or specific plans which include the site and surrounding areas;

16.

Any public facility or utility plans which indicate the probable future expenditure of public funds for facilities or utilities on or adjacent to the site;

17.

Any proposed or future public improvements on the site or adjacent to the site as indicated in the City's annual budget or current capital improvements program;

18.

Any traffic studies, including the site, areas adjacent to the site, or existing or future roads serving the site or adjacent parcels, including traffic counts, levels of service, demand/capacity ratios, congestion, signalization, safety and other relevant traffic information or analyses;

19.

The present use of the site, if any;

20.

Any previous uses of the site, including a description of the use and when the site was utilized for such use; why the previous use was stopped, if known;

21.

Existing zoning of the site and any previous rezonings;

22.

Other information as may be deemed relevant by the Zoning Administrator, the City Engineer, the Planning and Zoning Commission or the Board of Aldermen.

Necessary Findings For Approval Of A QSGD Or For A Conditional Use Permit For A Substantial Land Alteration Activity. The City shall approve a QSGD or a conditional use permit authorizing an excavation activity only if the Board of Aldermen has made all of the following findings with respect to the proposed activity:

The activity will not result in a danger to life or property due to:

Steep or unstable slopes;

Unsafe access to the property;

Excessive traffic; or

Proximity to existing or planned residential areas, parks and roadways;

Visual, noise, dust and/or excessive on- or off-site environmental impacts on public parks, roadways and residential areas can be adequately mitigated by the applicant and a fully detailed plan is submitted by the applicant to demonstrate the mitigation methods to be used, the cost of such mitigation, the source of funds for such mitigation, and adequate legal assurance that all of such mitigation activities are carried out;

The use of trucks and heavy equipment will not adversely impact the safety and maintenance or cause excessive congestion of public roads providing access to the site, or such impacts will be mitigated;

The proposed use will not adversely affect air quality or groundwater or surface water quality;

The proposed use will not adversely affect scenic quality or natural landscapes, environment, wildlife and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for adequate restoration of the site following completion of the excavation activity;

The activity will be compatible with existing development and development anticipated in the future, including other uses as shown in the Comprehensive Plan, including, but not limited to patterns of land use, recreational uses, existing or planned development, public facilities, open space resources and other natural resources;

The activity will not substantially adversely affect the use and enjoyment of adjacent properties;

The site plan provides for buffers and/or screening, as the Board of Aldermen shall determine appropriate, year-round from unsightly features of the excavation operation;

The activity will not result in the disturbance of a natural habitat community;

10.

The reclamation plan provides for adequate and appropriate restoration and stabilization of cut and fill areas;

11.

The excavation activity will not result in negative impacts on drainage patterns or stormwater management facilities;

12.

The proposed activity will minimize impacts on wetlands and other natural features affecting groundwater or surface water quality;

13.

The intensity and the anticipated duration of the proposed excavation activity is appropriate for the size and location of the activity;

14.

Permanent and interim erosion and sediment control plans have been approved by the City;

15.

Surety has been provided that guarantees the site will be fully restored, after completion of the excavating activity, to a safe condition, and one that permits reuse of the site in a manner compatible with the Comprehensive Plan and applicable City policies;

16.

A schedule of appropriate environmental mitigation, tipping and host fees has been established;

17.

Notification of intent to adjacent property owners.

Required Plans And Information. An application for a QSGD or for a conditional use permit for substantial land alteration shall include the following information, in addition to all other requirements of these regulations, which may be submitted in written and/or graphic form:

Site plan.

Grading plan.

Permanent and interim erosion and sediment control plan.

Traffic plan.

Operations plan.

Reclamation plan.

Phasing plan.

Drainage plan.

Completed wetland delineation.

10.

Other plans and/or information as may be reasonably requested by staff, the Planning and Zoning Commission or the Board of Aldermen.

Site Plan. The site plan shall show the following:

The area of the site to be disturbed or used as part of an excavation activity with the phases of the excavation or quarrying activities shown;

The area of the site to remain completely in open space, including buffer yards, with no man-made structures or activities;

The location and types of buffering and screening to be used;

The location of access roads, haul roads, storage areas, structures, buildings, crushers, and any other man-made structures;

The location of storage areas, proposed stockpiles, processing and loading areas and any other areas or portions of the site not kept permanently in open space; and

A signage plan, both on-site and immediately off-site.

Required Buffer Yards.

During the excavation activity, a minimum buffer yard on the site of one hundred (100) feet shall be maintained adjacent to all property boundaries and all existing rights-of-way and any proposed rights-of-way for roadways included in the Comprehensive Plan or for which a major street plan has been prepared. Upon completion of the excavation activity, the buffer yard may be discontinued and the buffer yard land area may be used for development purposes;

If the duration of an excavation activity will not exceed twenty-four (24) months from the date of approval of a QSGD or issuance of a conditional use permit to the date of completion of all activities, buffer yard plantings shall not be required. In all other cases, buffer yard plantings are required to be installed within the first planting season;

No excavation shall occur within the buffer yard and no storage of equipment or materials may be located within the buffer yard;

A vegetated earthen berm for erosion control purposes pursuant to the required stormwater runoff, erosion and sedimentation control plan may be placed in the buffer yard, where approved;

Such additional screening, including berms, as may be required by the Board of Aldermen, to protect the adjacent property owners from the visual and operational impacts of the excavation activity; and

An excavation activity may be conducted closer than one hundred (100) feet from an adjacent platted or planned road right-of-way, only if approved by the Board of Aldermen.

Grading Plan. A grading plan shall be submitted at the time of submission of the application for a QSGD or for a conditional use permit application. The Zoning Administrator, the Planning and Zoning Commission and/or the Board of Aldermen may recommend and the Board of Aldermen may impose reasonable conditions to mitigate the potential impacts of extensive grading, if deemed to be necessary. The City shall consider the following factors in its review of the grading plan:

Restoration and stabilization of cut and fill areas;

Impact on drainage patterns and stormwater management facilities, as well as the consistency with the City's adopted drainage or stormwater policies;

Potential impacts on sinkholes, wells and other features affecting groundwater quality;

Impact on wetlands;

The duration of the proposed grading activity;

The amount and type of material being removed from, or imported to, the site;

Compliance with erosion and sediment control standards;

Adequate and appropriate surety, approved by the City Engineer and City Attorney, to ensure that the site will be restored to a safe condition;

Visual, noise and dust impact upon public parks, major roadways and residential areas;

10.

Impacts of trucks and heavy equipment on the safety and maintenance of roads providing access to the site and adjacent properties;

11.

Compliance with the City law and adopted City policies, and all other State and Federal requirements.

Operations Plan. An operations plan shall be submitted at the time of submission of the application for a QSGD or for a conditional use permit, and shall include the following information. In all respects, the operations plan shall be consistent with, and fulfill all of the standards and requirements of, these regulations. The operations plan shall include a complete description of the following:

All materials intended to be excavated, quarried, mined or otherwise removed from the site;

The method of removal of these materials, including the type of all equipment to be used;

The nature, type, use and hazards posed by any chemicals to be used or stored on the site or used in the excavation activity, processing or other activity on the site;

The nature, type, use and hazards posed by any toxic materials of any kind to be used or stored on the site or used in the excavation activity, processing or other activity on the site;

The phases (and associated timetable) for excavation of the site;

The method of removal and disposal of vegetation from the site, including the types of vegetation to be removed, plant communities to be removed or affected, and habitat loss;

The amount of overburden to be removed in total and per phase;

The amount of mineral to be removed on a daily basis in total and per phase;

The method of land alteration activity and sequence of progression, including phasing and progressive reclamation and site stabilization;

10.

The proposed hours and days of operation on the site, including hauling and ancillary activities in addition to the excavation activity;

11.

A dust control plan, including a monitoring method and report schedule;

12.

A noise control plan, including a map showing the decibel range at various distances from the site, in all directions from the site, including a monitoring method and report schedule;

13.

A stormwater runoff, erosion and sedimentation control plan, including a monitoring method and report schedule;

14.

A drainage plan;

15.

A safety plan, including, but not limited to, the location and type of all site security and safety features, including signs, gates and fences;

16.

An emergency evacuation plan;

17.

A lighting plan;

18.

An emergency lighting plan;

19.

The method of hauling the material to be removed, including the number and types of trucks to be used each day;

20.

A traffic impact analysis;

21.

A description of any effects of the anticipated potential excavation activity off-site;

22.

A maintenance schedule and plan for cleaning vehicles, equipment and adjacent off-site public roadways;

23.

A description of the total anticipated duration (in months or years) of excavation activities on the site;

24.

A description of the anticipated extent of use of sewer, water, gas, electricity and other utilities on a monthly basis, and the provider of such utility services;

25.

The proximity of the nearest police and fire stations to the site and access for emergency vehicles;

26.

A traffic plan showing the movement of the trucks onto the site, within the site, and from the site. The off-site portion of this plan shall show the vehicle movement to the nearest arterial street, the identification of truck movement on collector and local streets, and the land uses along the routes, paying special attention to residential land uses, schools, churches, public parks and other places where the public may gather;

27.

Such other information as the Zoning Administrator, the Planning and Zoning Commission or the Board of Aldermen deems relevant and necessary.

Reclamation Plan. A reclamation plan shall be submitted as part of the application for a QSGD or conditional use permit and shall include a final site plan and attached reclamation plan report pursuant to the requirements of Subsection (S) and (T) below.

Final Site Plan (Reclaimed Land). The final site plan shall clearly and effectively show the condition of the site after all excavation activities have been completed and after the applicant has undertaken and completed full reclamation of the site in accordance with State Statutes and regulations, and the standards, requirements and conditions set forth herein. If reclamation is proposed to be done in phases, a final post-reclamation site plan shall be submitted for the reclaimed portion of the site after the completion of each phase. The final site plan shall include the following information:

The area of the site reclaimed;

Grading plan, including finished grades of all disturbed areas at two-foot interval contours. Where a water body is created, the grading plan shall show two-foot contours to the bottom of the water body;

The proposed use of the reclaimed area of the site, including any structures proposed to be built on the site as part of, or subsequent to, reclamation;

The grade of the reclaimed area and of the entire site;

Public services which need to be provided to the proposed use of the reclaimed area, including the size of water and sewer lines, and the demand for other public facilities and services;

The compatibility of the proposed use with adjacent properties, with the existing zoning in the area and with the Comprehensive Plan;

The buffering or screening of the site after reclamation;

The elimination of on-site haul roads, storage facilities and other site features no longer needed after the excavation activity has been completed;

Proposed access at a location to be approved by City Engineer, and internal/external roadway system for the site, based on its proposed use after reclamation;

10.

Any demolition and removal of buildings on the site;

11.

A vegetation plan for the site after reclamation;

12.

The timetable for development of the site for the proposed use; and

13.

A noise assessment of the proposed use, at a level of detail to be determined by the City Engineer.

Reclamation Plan Report. The reclamation plan report shall include the following:

Phasing and schedule of reclamation;

Methods and process of reclamation;

Erosion control plan;

Planting/revegetation plan, including number and size of plants to be used and placement;

Maintenance and replacement plan for monitoring and ensuring survival of reclamation efforts;

Conformance with future roadways and ultimate land use as reflected in the City's Comprehensive Plans, major street plan, and other public utility plans, including drainage, stormwater, and transportation;

Lighting and/or signage plan;

Schedule for the removal of stockpiles, unneeded signage or lighting, or erosion control devices when excavation or substantial land alteration activities are complete;

Where open water bodies are created: the normal depth of water bodies at two-foot contour intervals, cross-section views of reclaimed area showing grading of shoreline, depth of lake, subsurface lake shoreline grading, anticipated design normal pool elevation, anticipated two-year storm event lake level bounce elevation, depth of soil cover on reclaimed areas and floodplain elevations, and a maintenance plan;

10.

Where surface alternatives are proposed, above the water table, the method of stabilization of the disturbed areas;

11.

A narrative examining possible hydrogeologic effects on any existing or proposed bodies of surface water, wetlands and on groundwater, including public and private wells. The report shall also include a description of the controls needed to assure compliance with Federal, State and local surface water quality, erosion controls, sediment control, stormwater management and other standards applicable to surface waters;

12.

A description of any proposed uses to be conducted on the site;

13.

A description of any proposed structures to be built on the site, including the size, scale, height, building footprint and location of such structures and a description, including all other requirements necessary for site plan approval and building permit issuance.

Performance Standards For Operation Of Quarries Or Sand Or Gravel Excavation. The following minimum operation/performance standards shall apply to quarries and sand or gravel excavation unless otherwise specified:

Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion, for reapplication to disturbed areas during reclamation.

Hours of operation for quarries shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday for operational activities, including blasting, excavation, processing and hauling. Hours and days of operation may be restricted by the Board of Aldermen for operations within one thousand (1,000) feet of any residential uses or which rely on residential roadways for access.

To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer prior to commencement of quarrying.

Stormwater runoff, erosion and sedimentation shall be controlled by a drainage plan submitted to the City by the applicant and approved by the City Engineer. The plan shall address the compatibility of the proposed use with adopted City drainage or stormwater policies applicable to the area.

The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, "No Trespassing," "Trucks Hauling," "Blasting," "Danger," etc. Other signs may be required if necessary.

Operations shall maintain compliance with local and State standards for noise, dust and vibration. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment on a regular basis as may be specified by the Board of Aldermen.

Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on an as-needed basis and, in addition, when directed by the City Engineer as being necessary.

A performance bond or other financial security in an amount satisfactory to the City Engineer, and in a form approved by the City Attorney shall be provided by the applicant to ensure that all standards are fully met during operation and to ensure that proper reclamation of the site is completed in a timely manner.

Adequate perimeter protection shall be provided to restrict unauthorized access by individuals or vehicles to assure public safety. All visitors admitted to the site shall be registered with supervisory personnel with time in and time out notations. Additional specific perimeter safety requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.

10.

Activities shall be phased to identify the sequence of operation. A new phase shall not begin until at least fifty percent (50%) of an active/current phase is reclaimed as per the reclamation plan, and the City has verified the completion of the reclamation of the phase to the extent that it can be reclaimed.

11.

Required minimum distance of all quarries and sand or gravel excavation activities of twenty-four (24) months or longer from adjacent property zoned residential, commercial and industrial shall be as shown in Exhibit 440-F.

Exhibit 440-F: Setbacks for All Quarries and Sand or Gravel Excavation Activities, 24 Months or Longer
Required Minimum Distance from Adjacent Property	Residential Zones (feet)	Commercial Zones (feet)	Industrial Zones (feet)
Excavation area with an elevation change of greater than 10 feet	500	100	50
To vegetated stockpiles	500	100	50
To any non-vegetated stockpiles or loading points	750	200	50
To any crushing or processing	1,000	500	100
To any blasting from a developed property	1,000	500	400

12.

If a six-foot high vegetated berm meeting all applicable City standards is constructed to screen the activity, the required distance of all quarry operations, and sand or gravel excavation activities of twenty-four (24) months or longer from adjacent property zoned residential, commercial and industrial shall be as shown in Exhibit 440-G.

Exhibit 440-G: Alternate Setbacks for All Quarries and Sand or Gravel Excavation Activities, 24 Months or Longer, with Berms
Required Minimum Distance from Adjacent Property	Residential Zones (feet)	Commercial Zones (feet)	Industrial Zones (feet)
Excavation area with an elevation change of greater than 10 feet	250	50	50
To vegetated stockpiles	250	50	50
To any non-vegetated stockpiles or loading points	300	100	50
To any crushing or processing	750	300	100
To any blasting from a developed property	750	300	400

13.

If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the noise performance standards pursuant to these regulations, required distance from residential zones for crushing, processing, and blasting may be reduced to five hundred (500) feet.

14.

Required minimum distance of sand or gravel excavation activities from adjacent property zoned residential, commercial and industrial, when the proposed sand or gravel excavation activity will not exceed twenty-four (24) months, shall be as shown in Exhibit 440-H.

Exhibit 440-H: Setbacks for Sand or Gravel Excavation Activities, Less Than 24 Months
Required Minimum Distance from Adjacent Property Zoned:	Residential (feet)	Commercial (feet)	Industrial (feet)
Excavation area with an elevation change of greater than 10 feet	200	50	50
To vegetated stockpiles	200	50	50
To any non-vegetated stockpiles or loading points	450	100	50
To any processing from a developed property	750	250	100

15.

If a six-foot high vegetated berm meeting all applicable City standards is constructed to screen the activity, the required distance of sand or gravel excavation activities which do not exceed twenty-four (24) months from adjacent property zoned residential, commercial and industrial shall be as shown in Exhibit 440-I.

Exhibit 440-I: Alternate Setbacks for Sand or Gravel Excavation Activities, Less Than 24 Months, with Berms
Required Minimum Distance from Adjacent Property Zoned:	Residential (feet)	Commercial (feet)	Industrial (feet)
Excavation area with an elevation change of greater than 10 feet	100	50	50
To vegetated stockpiles	100	50	50
To any non-vegetated stockpiles or loading points	200	100	50
To any processing from a developed property	750	100	100

16.

If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the noise performance standards pursuant to these regulations, the required distance from residential zones for crushing, processing, and blasting may be reduced to five hundred (500) feet.

17.

Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the Board of Aldermen. In any case, the height of a stockpile may not exceed fifty (50) feet for permanent stockpiles and seventy-five (75) feet for temporary stockpiles in a non-residential district.

18.

Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.

19.

No excavation operation shall be conducted in such a manner as to permanently lower the water table of surrounding properties, except in quaternary deposits, nor shall such excavation activity cause the drainage of a wetland without the applicant first obtaining an approved wetland replacement plan.

20.

A weight scale may be required to be located at the site and, if necessary, other restrictions may be imposed if roadways adjacent to the site and operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for no less than two (2) years as evidence of weight limit compliance and such records shall be available for inspection by the City Engineer or the agents of other applicable road authorities.

21.

Blasting shall not exceed five-tenths (0.5) inch peak particle velocity per second. A blasting plan shall be submitted to the fire district, City Engineer and the Planning and Zoning Commission with proof of insurance in an amount and form as approved by the City Attorney. Such activity shall be conducted only by licensed, insured individuals or entities and in conformance with all applicable Federal, State and local regulations.

22.

Where excavation occurs on more than one (1) side of a protected water body, a setback of fifty (50) feet may be maintained on one (1) side when a setback of two hundred (200) feet or more is maintained on the other if approved by the Missouri DNR and the City Engineer.

Reclamation Standards For Quarries And For Sand Or Gravel Excavation Activities. The following minimum reclamation standards shall apply to quarries and sand or gravel excavation activities unless otherwise specified:

Topsoil. Topsoil capable of sustaining vegetative growth shall be provided and evenly spread on all disturbed areas.

Timing. Disturbed areas shall be stabilized and seeded at the earliest possible time or as specified, and any permits issued for the proposed use shall establish a schedule for stabilization and temporary and permanent seeding for the site. Progressive reclamation practices shall be utilized to continue to reclaim and stabilize disturbed areas prior to moving to a new phase. Seeding and planting shall occur during the appropriate seasons and times of year in accordance with published guidelines for this climate and region, including Missouri DOT and Missouri DNR guidelines.

Drainage. Any alteration of the natural drainage system or public waters or jurisdictional wetlands shall not adversely affect any other adjacent properties or public facilities.

Slope. No site shall exceed three (3) feet horizontal to one (1) foot vertical incline over a distance of thirty (30) feet. This angle of repose shall be modified to a flatter angle, but not steeper angle, if it is shown that the site will be unstable at three to one (3:1) ratio or that vegetation cannot be established on the three to one (3:1) slope. This provision may be waived or modified by the Board of Aldermen upon the recommendation of the City Engineer. For all locations where water bodies are created, the slope of the bottom of the lake from waters edge shall not exceed four to one (4:1) for a distance of twenty (20) feet from waters edge and shall not exceed a depth of ten (10) feet beyond that point for a distance of twenty (20) feet. The slope above the waters edge shall not exceed three to one (3:1) for a distance of twenty (20) feet from the waters edge.

Water Bodies — Shaping And Enhancement. Where water bodies are created in commercial and residential zones, only free-form and natural form water bodies will be allowed. All water bodies shall include variation in shoreline and depth and shall include curvilinear shorelines. Where practical, the minimum size of water bodies fed by groundwater and not connected to streams shall be five (5) acres, with a minimum average depth of twenty-four (24) to thirty (30) feet. Shallow water bodies may be considered where the applicant can provide evidence that such water body will not result in poor water quality and that it will not result in a nuisance to the area.

Erosion Control. Use of silt fences, bale checks, sediment basins, and other similar structures and methods which require ongoing maintenance will generally not be acceptable for long-term reclamation. The intent of final reclamation is to leave the site in a maintenance-free and stable condition. Seeding shall be done in accordance with appropriate technical standards. All exposed area shall be seeded and stabilized with an appropriate seeding mixture so as to prevent erosion. Sodding or other erosion control methods or materials approved by the City Engineer may be required for highly erodible areas or in areas where seed growth cannot be established in a reasonable time period. All equipment, stockpiles, debris, signs, silt fence and other erosion control structures shall be removed from the site after completion of the activity. Adjacent roadways shall be swept and cleared of loose or foreign materials resulting from the reclamation operation. Erosion control measures shall be kept in place until permanent vegetation has been established on-site and erosion is controlled.

Final reclamation of each phase of the operation shall be completed within six (6) months of completion of each phase of the operation. Extensions may be granted by the Zoning Administrator should the activity cease after September of any given year. No building permits shall be issued on the property prior to completion of reclamation of the site.

Post-Reclamation Land Use. Where a development is proposed as part of a post-reclamation plan, all applicable City permits and approvals will be required.

Substantial Land Alteration Activity Operations/Performance Standards. The following minimum operation/performance standards shall apply to all other substantial land alteration activities unless otherwise specified:

Any topsoil removed from the surface and retained on the site shall be removed carefully and stockpiled in a manner to prevent erosion, for reapplication to disturbed areas during reclamation.

Hours of operation shall be limited to the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday for operational activities including digging, dredging, excavation, processing and hauling. Hours and days of operation may be restricted by the Board of Aldermen for operations within one thousand (1,000) feet of any residential areas or which rely on residential roadways for access.

To the extent possible, designated truck routes shall be used for all hauling as well as for all access to the site. All other routes and access shall be approved by the City Engineer.

The applicant shall provide signs on the property and along haul routes where deemed necessary to promote the safety and general welfare of the neighborhood and general area. Required signs may include, but shall not be limited to, "No Trespassing," "Trucks Hauling," "Danger," "Blasting" and others. Other signs may be required if necessary.

Activities shall be phased to identify the sequence of operation. A new phase shall not begin until at least fifty percent (50%) of an active/current phase is reclaimed as per the reclamation plan and the City has verified the completion of the reclamation of the phase to the extent that it can be reclaimed.

Adequate dust control methods shall be implemented. Roadways adjacent to the property shall be swept and cleaned on a regular basis and, in addition, when directed by the City Engineer as being necessary.

A performance bond or other financial security in an amount satisfactory to the City Engineer and in a form approved by the City Attorney shall be secured from the applicant to ensure that all applicable standards are fully met during operation and to ensure proper reclamation of the site is completed in a timely manner.

10.

A six-foot high continuous security fence shall be provided around the entire perimeter of the property on which the substantial land alteration activity will take place. Additional fencing requirements may be imposed on portions of the site abutting residentially zoned or planned areas, parks, playgrounds, sidewalks, trails, schools, churches and other public facilities and gathering places.

11.

Exhibit 440-J: Setbacks for Substantial Land Alteration Activities
Required Minimum Distance from Adjacent Property Zoned:	Residential (feet)	Commercial (feet)	Industrial (feet)
Excavation area with an elevation change of greater than 10 feet	200	50	50
To vegetated stockpiles	200	50	50
To any non-vegetated stockpiles or loading points	400	100	50
To any processing	750	250	100

12.

Provided, however, that if a six-foot high vegetated berm is constructed to screen the activity, which meets all applicable City standards, the required minimum distance of specific on-site activities from adjacent property zoned residential, commercial and industrial shall be as shown in Exhibit 440-K.

Exhibit 440-K: Alternate Setbacks for Substantial Land Alteration Activities, with Berms
Required Minimum Distance from Adjacent Property Zoned:	Residential (feet)	Commercial (feet)	Industrial (feet)
Excavation area with an elevation change of greater than 10 feet	100	50	50
To vegetated stockpiles	100	50	50
To any non-vegetated stockpiles or loading points	200	100	50
To any processing	300	100	100

13.

If a sound barrier is constructed that is capable of reducing sound levels at the nearest residential lot line to a level meeting the Federal performance standards, the required distance from residential zones for crushing, processing, and blasting may be reduced to five hundred (500) feet.

14.

Where a stockpile is visible from an arterial roadway or residential district, the height of a stockpile may be limited by the Board of Aldermen. In any case the height of a stockpile may not exceed fifty (50) feet for permanent stockpiles and seventy-five (75) feet for temporary stockpiles in a non-residential district.

15.

Any lighting or signage, other than security signage, on the property shall meet the standards for the zoning district in which the activity is located.

16.

17.

A weight scale may be required to be located at the site and, if necessary, other restrictions may be imposed if roadways adjacent to the operations are not suitable for heavy truck traffic. A record of all truck load weights exiting the site must be maintained for no less than two (2) years as evidence of weight limit compliance and such records shall be available for inspection by the City Engineer.

18.

Where applicable, no excavation shall occur within one hundred (100) feet of a protected water body unless otherwise permitted by the Missouri DNR. Where excavation occurs on more than one (1) side of a protected water body, a setback of fifty (50) feet may be maintained on one (1) side when a setback of two hundred (200) feet or more is maintained on the other, if approved by Missouri DNR and the City Engineer.

Substantial Land Alteration Activity Reclamation Standards. The following minimum reclamation standards shall apply to substantial land alteration activities.

Topsoil. Topsoil capable of sustaining vegetative growth shall be provided and evenly spread on all disturbed areas.

Drainage. Any alteration of the natural drainage system or public waters or jurisdictional wetlands shall not adversely affect any other adjacent properties or public facilities.

Slope. No site shall exceed three (3) feet horizontal to one (1) foot vertical incline over a distance of thirty (30) feet and the angle of repose shall be modified to a flatter angle, but not steeper angle, if it is shown that the site will be unstable at three to one (3:1) ratio or that vegetation cannot be established on the three to one (3:1) slope. This provision may be waived or modified by the Council upon the recommendation of the City Engineer. For all locations where water bodies are created, the slope of the bottom of the lake from waters edge shall not exceed four to one (4:1) for a distance of twenty (20) feet from waters edge and shall not exceed a depth of ten (10) feet beyond that point for a distance of twenty (20) feet. The slope above the waters edge shall not exceed three to one (3:1) for a distance of twenty (20) feet from the waters edge.

Water Bodies — Shaping And Enhancement. Where water bodies are created, only free-form and natural form lakes will be allowed in commercial and residential zones. All water bodies shall include variation of shoreline and depth and shall include curvilinear shorelines. Where practical, the minimum size of water bodies fed by groundwater and not connected to streams shall be five (5) acres, with a minimum average depth of twenty-four (24) feet. Shallow water bodies may be considered where the applicant can provide evidence that such water body will not result in poor water quality and that it will not result in a nuisance to the area.

Erosion Control. Use of silt fences, bale checks, sediment basins, and other similar structures and methods that require ongoing maintenance will generally not be accepted for long-term reclamation. The intent of final reclamation is to leave the site in a maintenance-free and stable condition. Seeding shall be done in accordance with appropriate technical standards. All exposed areas shall be seeded and stabilized with an appropriate seeding mixture so as to prevent erosion. Sodding or other erosion control methods or materials approved by the City Engineer may be required for highly erodible areas or in areas where seed growth cannot be established in a reasonable time period. An amount and type of vegetation shall be replaced on the site similar to that removed based on aerial photographs, consistent with ultimate proposed land uses. Where land was cropped, it shall be seeded with an appropriate seeding mixture. All equipment, stockpiles, debris, signs, silt fence and other erosion control structures shall be removed from the site after completion of the activity. Adjacent roadways shall be swept and cleared of loose or foreign materials resulting from the reclamation operations. Erosion control measures shall be kept in place until permanent vegetation has been established on-site and erosion is controlled.

Revegetation. In addition to required seeding, the reclaimed site shall be landscaped. The applicant shall have the flexibility to arrange plant material to best suit the ultimate proposed use and design of the property, provided that at least eight (8) deciduous and eight (8) evergreen trees from the City's approved plant list are planted for each disturbed acre, and at least twenty-five percent (25%) of required trees are planted within thirty (30) feet of the perimeter of the site. Final reclamation of each phase of the operation shall be completed within six (6) months of completion of each phase of the operation. Extensions may be granted by the Zoning Administrator should the activity cease after September of any given year. No building permits shall be issued on the property prior to completion of reclamation of the site.

Post-Reclamation Land Use. If the owner proposes to construct structures on the site as part of the post-reclamation land use activities, all of such uses shall be specified. The owner shall submit all necessary documentation for such proposed uses, including, but not limited to, a site plan, an application for rezoning, an application for a building permit, or other required documentation necessary for approval of the proposed use on the reclaimed site. If an exposed bedrock slope steeper than three to one (3:1) is proposed post-reclamation in a residential district, the Council may waive the otherwise applicable height and steepness standards (i) if the slope will be screened by a permitted structure, (ii) if safety features will be incorporated into the site to minimize risk and (iii) if sufficient financial assurances are provided by the owner/developer in an amount as determined by the City Engineer, and in a form approved by the City Attorney and the Finance Director, and provided to the City concurrently with the required reclamation plan. Financial assurances shall be in the form of surety bonds, irrevocable letters of credit or cash bonds. Other alternatives providing adequate assurances may be considered by the City Attorney and Finance Director and, if approved, may be recommended to the Board of Adjustment.

Permits Required To Be Obtained. In addition to obtaining a QSGD for quarry or sand or gravel excavation or conditional use permit for substantial alteration activity, prior to commencing use of the property, the owner/applicant shall obtain the following permits:

Grading permit.

A final plat, when applicable.

Building permit, where necessary, for any structures.

All other applicable administrative permits.

Effect Of Approval Of Permit For Substantial Land Alteration Activities Or QSGD.

The original conditional use permit for substantial land alteration activities shall not be approved for more than twelve (12) months. Extension of a permit may be considered in accordance with these regulations. Approvals of activities shall be valid for the length of time specified in the approval so long as all standards of these regulations and all conditions of approval are fully complied with.

The applicant is responsible to ensure that all persons using the site, whether operators, lessors or others, comply with the standards of these regulations and all conditions of approval.

The Board of Aldermen may limit the duration of any quarry operation or sand or gravel excavation activity, and may require the applicant/operator of any quarry or sand or gravel excavation activity to appear before the Board of Aldermen for the Board of Aldermen to review the operation of such excavation activity at such periods as the Board of Aldermen shall require.

Permit Or QSGD Revocation Or Suspension.

Any conditional use permit issued by the City pursuant to the provisions of these regulations and any QSGD may be suspended or revoked upon a finding that the operator has failed or is failing to comply with any applicable Statute, rule or ordinance relating to the "excavation activity" or "substantial land alteration activity" or to any provision, standard or requirement of any permit or approval issued by the City to allow the "excavation activity" to occur.

The Zoning Administrator, in consultation with the City Engineer, shall make an initial determination as to whether there is a sufficient basis for the suspension or revocation of a permit or the QSGD. Upon such a determination, the Zoning Administrator shall prepare and issue a notice of default which shall be duly served by certified mail, return receipt requested, upon the permittee. Notification of such default shall also be given to the appropriate City Officials. Upon receipt of the notice of default, the aggrieved permittee or operator shall have ten (10) days to appeal the Zoning Administrator or City Engineer's decision to the Board of Aldermen by filing said appeal with the City Clerk within ten (10) days following receipt of the Zoning Administrator's determination of suspension or revocation.

Upon receipt of an appeal, the Board of Aldermen shall make a preliminary inquiry into the matter to determine whether there is cause to proceed to a public hearing. Whenever it appears to the Board of Aldermen that adequate grounds may exist for the suspension or revocation of a permit or a QSGD, the Board of Aldermen shall by resolution specify the nature of the basis for the suspension or revocation and order that a hearing on the matter occur at the Board of Aldermen's next regularly scheduled meeting.

No suspension or revocation appealed to the Board of Aldermen shall be effective until the permittee or operator has been afforded an opportunity for a hearing as required by law.

Upon a finding that the permittee or operator has violated any applicable Statute, rule or ordinance, the Board of Aldermen may either suspend the permit for up to sixty (60) days for each violation, or revoke the permit, and/or issue a stop work order.

Project Site Expansion Or Modification.

Changes to the conditional use permit for the "excavation activity" on the site or changes to the conditions imposed on a quarry or sand or gravel excavation activity in a QSGD shall be applied for and reviewed in accordance with these regulations.

Changes other than changes to the phasing plan and those expressly permitted in the operations plan shall be reviewed and approved in accordance with the process by which the original conditional use permit was approved.

An expansion of the site on which an "excavation activity" has previously been approved will require a complete review of the proposed new (expanded) site, as if an original application was being made, as well as a review of the relationship and coordination of activities between the original site and the expanded portion of the site. Of principal concern during this review shall be the additional and cumulative impacts that will be caused by the combined operations on environmental factors, traffic, safety, noise, air pollution, neighborhoods, adjacent land uses, etc.

Contraction of the site on which the excavation activity has been approved will require a review in order to understand how the loss of a portion of the site will affect buffers, land use compatibility, noise, reclamation and reuse of the site and related factors, and determine what will be done on the excised portion of the site. For example, if another land use is proposed, a complete, original review may be required.

Transfer Of Permits.

No transfer of a conditional use permit by the original applicant to another party nor a transfer of any other permit or approval issued by the City which was necessary to authorize or allow the "excavation activity" shall be permitted unless the City is notified not less than ninety (90) days prior to such transfer and has an opportunity to assure that all conditions, standards and requirements imposed on the original applicant will continue to be met, and that all security instruments remain in full effect and, if also transferred, that the new permit holder agrees to comply in full and has the necessary financial security to hold the City harmless.

If the subject property is sold, the permits and all of the conditions, standards and requirements run with the land, and the new property owner is fully bound as if he/she were the original owner.

When an operator succeeds to the interest of another on an uncompleted site, the Zoning Administrator shall release the first operator of the responsibilities imposed by the development approvals only if both operators are in full compliance with the requirements and standards of these regulations and all permits and approvals, the new operator assumes all responsibilities of the former operator including operations, maintenance and reclamation and provides a written, witnessed, notarized document asserting, inter alia, that reclamation of the entire site will be completed as planned, and the new operator provides the City with all appropriate financial assurances, approved by the City Attorney, to ensure completion of the project.

Extension Of Development Approval.

Requests for extensions of development approval must be submitted in writing to the Planning Department at least three (3) months prior to the expiration date of the existing development approval.

The Board of Aldermen may grant an extension of a development approval for not more than one-half (1/2) the duration of the original permit development approval.

No extension of a development approval shall be granted unless the project is in full compliance with the terms of the existing permit or development approval or a compliance plan and schedule has been submitted and approved by the Board of Aldermen. If there have been any notices of default issued by the City, these shall be reviewed and may be taken into consideration by the City on the extension request.

Extension of a development approval may include the addition of conditions to address conflicts with adjacent properties or other circumstances unforeseen at the time of original approval.

The extension of the development approval shall not be unreasonably denied, provided that the permittee has complied with all of the conditions of the permit and the standards and requirements for "excavation activities" and has not been issued a notice of default nor cited for a violation of the City Code or State or Federal regulations.

Financial Assurances.

Financial assurances shall be required in an amount as determined by the City Engineer, but in no event to be less than ten thousand dollars ($10,000.00), and in a form approved by the City Attorney and the Finance Director, prior to commencement of any substantial land alteration, quarry or sand or gravel excavation activity.

Financial assurances may be in the form of surety bonds, irrevocable letters of credit or cash bonds. Other alternatives providing adequate assurance may be considered by the City Attorney and Finance Director and, if approved by them, may be recommended to the Board of Aldermen.

Failure to stabilize the site, to make necessary corrections and improvements to roadways caused by the excavation activity, failure to reclaim the property as specified in the approved reclamation plan and other inconsistencies between the approved operations and reclamation plans and actual activities shall, at the discretion of the City, be cause for the City to redeem the financial assurance to make the necessary corrections.

Annual Inspection And Report.

At the discretion of the Zoning Administrator, but not less frequently than once per year, the appropriate City Officials may undertake and conduct a detailed inspection of the site, using the required plans and information, the appropriate standards for the activity, the permits approved, with or without conditions, and other relevant information and commitments as the compliance checklist.

Based on the annual inspection and the compliance checklist, the City may identify any and all violations of the terms and conditions of the plans and permit approvals.

In addition to the annual inspection, the City may make "spot" inspections at any time during the year, and multiple times as may be deemed appropriate utilizing the compliance checklist, and shall report such findings to the appropriate City Officials.

The Zoning Administrator may prepare a "project compliance sheet" for each quarry, sand or gravel excavation and substantial land alteration activity as defined herein and may compile the individual project compliance sheets into an annual report for presentation to the Board of Aldermen.

Monitoring. At the discretion of the Zoning Administrator, the City may, in addition to site inspections, monitor compliance with permits for the above-described "excavation activities" on a broader level, considering such issues as the concentration of such activities and the effect of such concentration on particular neighborhoods and areas of the City; the effect of such activities on the transportation system and the provision of other required public facilities and services; the effect of numerous "excavation activities" on air and water quality and the environment; the effect of such activities on the land values of adjacent and nearby properties; the extra expenses incurred by the City relative to the operation and/or reclamation of such activities; the actual usability of the sites after reclamation; the average duration of "excavation activities"; the average time it takes to fully reclaim a site and make it available for an alternative use, etc. Based on the information collected, the Zoning Administrator may prepare an annual monitoring report for review by the Board of Aldermen.