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 Blue Springs
 Code of Ordinances
 Unified Development Code
 Chapter 405. Building and Use Regulations

  § 405.050. Special Use Standards.  

Latest version.
  • A. 
    The special use standards of this Section shall apply to permitted, conditional and accessory uses, as noted.
    1. 
    Agriculture, General. General agriculture uses shall require a minimum site area of three (3) acres.
    2. 
    Adult Entertainment Establishment.
    a. 
    Separation From Other Uses. No adult entertainment establishment shall be permitted within one thousand two hundred (1,200) feet of any RE, SF, TF or MF zoned lot or within one thousand two hundred (1,200) feet of any religious assembly, school or park and recreation use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the adult entertainment establishment to the nearest lot line of the lot that is zoned RE, SF, TF or MF or that contains the religious assembly, school or park and recreation use.
    b. 
    Separation From Other Adult Entertainment Establishments. No adult entertainment establishment shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment use or within one thousand (1,000) feet of any bar or tavern.
    c. 
    Frontage And Access. Adult entertainment establishments shall have at least one hundred (100) feet of street frontage on an arterial street. All vehicle access shall be taken from an arterial street.
    d. 
    Screening. The lot on which the use is located shall be screened by solid masonry wall, at least six (6) feet in height along all interior lot lines. A wall shall not be required in those areas where complete visual screening already exists.
    e. 
    Building And Parking Area Setbacks. The minimum exterior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be twenty (20) feet. The minimum interior setback for the building in which the establishment is located and the off-street parking serving the establishment shall be ten (10) feet.
    f. 
    Windows And Doors. The building in which the adult entertainment establishment is located shall be designed in such a fashion that all openings, entries and windows prevent views into such establishments from any sidewalk, walkway, street or other public area. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No adult entertainment activity shall take place outside the building containing the adult entertainment establishment.
    g. 
    Signs. Adult entertainment establishments shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet. The sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. No flashing lights or lighting that gives the impression of motion or movement shall be permitted.
    h. 
    Site Plans. Adult entertainment establishments shall be subject to site plan and design review, pursuant to Section 403.070.
    3. 
    Animal Care, General And Kennels. All outdoor animal runs shall be located at least seventy-five (75) feet from lot lines abutting SF-7 or less intensive zoning districts. Kennels shall require a minimum lot size of three (3) acres.
    4. 
    Cemeteries. The following standards shall apply to cemeteries, crematories and mausoleums.
    a. 
    Entrances. All cemeteries, crematories and mausoleums shall provide entrances on an arterial or collector street with ingress and egress so designed as to minimize traffic congestion.
    b. 
    Landscape Buffer. A landscape buffer shall be provided along all property lines abutting any SF-7 or less intensive district. Such buffers shall meet the standards of Section 407.040.
    5. 
    Communication Towers. Communication towers shall be subject to the following standards.
    a. 
    Principal Use. Communication towers shall always be considered a principal use. They may be located on lots occupied by another principal use.
    b. 
    Setbacks.
    (1) 
    The minimum setback between communication towers and all property lines shall be equal to twenty percent (20%) of the height of the tower.
    (2) 
    Communication towers shall be set back a minimum of fifty (50) feet from any existing or planned right-of-way.
    (3) 
    Communication towers shall be set back a minimum of one hundred (100) feet from the lot line of any MF-18 or less intensive zoning district.
    (4) 
    Peripheral supports and guy anchors for communication towers may be located within required setbacks, provided that they shall be located entirely within the boundaries of the property on which the tower is located and shall be located no closer than five (5) feet from any lot line and no closer than ten (10) feet from the lot line of an MF-18 or less intensive zoning district.
    c. 
    Height. The principal support structure for communication towers shall be permitted to exceed the height limit of the zoning district in which it is located, provided that the setback standards of this Section shall apply.
    d. 
    Security Fences And Walls. A fence or wall not less than seven (7) feet in height from finished grade shall be constructed around each communication tower and around each guy anchor and peripheral support. The fence or wall shall comply with the following standards.
    (1) 
    Access to the tower shall be through a locked gate in the required fence or wall.
    (2) 
    If the communication tower is adjacent to a residential zoning district or a lot occupied by a residential dwelling unit, the required fencing shall consist of a masonry wall or solid fence with trees and shrubs planted along the exterior of the fence or wall. At least one (1) tree and one (1) shrub shall be required for each thirty (30) linear feet of fence line.
    (3) 
    If high voltage is necessary for the operation of the communication tower and it is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE — DANGER."
    e. 
    Airport Approach Paths. Communication towers shall not encroach into or through any established public or private airport approach path as established by the Federal Aviation Administration (FAA).
    f. 
    Removal Of Obsolete Towers. All obsolete or unused communication towers shall be removed within twelve (12) months of cessation of use.
    g. 
    Electromagnetic Radiation. Communication towers shall comply with all applicable Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER).
    6. 
    Compost Facility. The following standards shall apply to all compost facilities.
    a. 
    Landscape Buffer. Compost facilities shall be subject to the landscape buffer standards of Section 407.040, provided that the decision-making body may require a greater buffer to protect adjacent property from adverse visual and other impacts associated with a specific compost facility.
    b. 
    Traffic Circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. No more than one (1) vehicle entrance shall be allowed for each six hundred sixty (660) feet of lot frontage on a public street. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. The Director of Public Works, Director of Community Development, Planning Commission, or City Council may require a traffic report to be submitted with the conditional use permit application.
    c. 
    Storage Bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be completely screened from view from off-site.
    d. 
    Setbacks. Structures shall be set back at least one hundred (100) feet from all lot lines and at least three hundred (300) feet from the lot line of SF-7 or less intensive property.
    e. 
    Hours Of Operation. Uses shall not operate before sunrise or after sunset. When located within one thousand (1,000) feet of SF-7 or less intensive zoning the use shall not operate after 7:00 p.m. or before 8:00 a.m.
    f. 
    Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface. A dust suppression plan shall be submitted to minimize neighboring impacts during construction operations.
    g. 
    Stormwater Management. A stormwater management plan meeting the requirements of Section 5600 of the City of Blue Springs Design and Construction Manual may be required at the discretion of the Director of Public Works.
    Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.
    h. 
    Litter Control. The operation shall be attended on days of operation to maintain the property in a clean, litter-free condition, in accordance with Article II of Chapter 245 of the City Code.
    i. 
    Hazardous Material. Operations shall not involve the on-site holding, storage or disposal of hazardous substances, except for such substances used for the operation of the facility such as fuel and pesticides.
    j. 
    Material. No food scraps (except for vegetable scraps) or other vermin-attracting materials shall be processed, stored or disposed of on the site of a compost facility. Only yard/garden wastes are allowed as compost material.
    k. 
    Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources or other agencies with applicable rules or regulations and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.
    7. 
    Convalescent Care. At least seventy (70) square feet of usable open space shall be provided for each patient bed. This required open space may be designed to provide outdoor space for recreational activities or landscaped outdoor sitting areas.
    8. 
    Day Care (Limited, General And Commercial).
    [Ord. No. 4585 § 5, 2-16-2016]
    a. 
    Day Care, Limited (1-4). Limited day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider. The use will be considered a home occupation and be subject to the home occupation provisions of Section 405.060(A)(4). An Occupational License shall be required prior to the establishment of a limited day care.
    b. 
    Day Care, General (5-10). General day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the day care provider.
    (1) 
    State Licensing. General day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features. Overlap care for up to three (3) persons shall be allowed if approved as a part of the license issued by the State.
    (2) 
    Residential Districts. In the MF-18 and more restrictive districts, general day care uses shall be conducted in a dwelling unit that is occupied as a permanent residence by the licensed day care provider, except that an assistant may provide care during necessary absences of the regular day care provider.
    (3) 
    Occupational License. An occupational license shall be required prior to the establishment of a general day care.
    (4) 
    Conditional Use Permit. A conditional use permit shall be required prior to the use being implemented in any residential zoning district.
    c. 
    Day Care, Commercial.
    (1) 
    State Licensing. Commercial day care uses shall be licensed by the State of Missouri and shall meet all City, County and State Health Department requirements pertaining to facilities, equipment and other features.
    (2) 
    Occupational License. An occupational license shall be required prior to the establishment of a commercial day care.
    (3) 
    Vehicle Drop-Off Area. A loading zone capable of holding one (1) car per ten (10) licensed occupants shall be provided in addition to the required parking area, in order to provide for easy pickup and discharge of passengers.
    9. 
    Golf Courses And Recreational Facilities.
    a. 
    Location Of Restaurants. Facilities such as restaurants and bars shall be allowed when an integral part of a principal clubhouse building, provided there is no exterior display or advertising for the restaurant or bar.
    b. 
    Location Of Recreation Facilities. Buildings, swimming pools, tennis courts, and similar recreational facilities shall be set back at least twenty-five (25) feet from the property line of any SF-7 or less intensive district.
    10. 
    Group Home (limited Or General). Group homes shall be subject to the following standards only when located in an MF-18 or more restrictive district.
    a. 
    Spacing. A group home to be located within a residential zoning district shall not be located within one thousand three hundred twenty (1,320) feet of another group home, measured as the shortest distance between any portion of the structure in which persons reside.
    b. 
    Exterior Appearance. There shall be no alteration of the exterior of the group home that shall change the character thereof as a single-family residence if it is in an SF-7 or more restrictive district. There shall be no alteration of the property on which the group home is located that will change the character thereof as property within a single-family dwelling district if it is in an SF-7 or more restrictive district.
    c. 
    Neighborhood Character. A group home constructed in an RE, SF or TF District shall be constructed to be compatible with the architectural character of the neighborhood in which it is located.
    11. 
    Hospitals. Hospitals and charitable institutions shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion as determined by a traffic study.
    12. 
    Landfills And Mining And Quarrying. Landfills and mining and quarrying uses shall be subject to the following standards:
    a. 
    Minimum Site Area. In the RE District, the uses shall require a minimum site area of thirty-five (35) acres.
    b. 
    Entrances. There shall be no more than one (1) entranceway from a public street for each six hundred sixty (660) feet of street frontage. A traffic report shall be required.
    c. 
    Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive property.
    d. 
    Separation From Residential. No digging or excavating shall occur within one hundred (100) feet of any lot line or within three hundred (300) feet of the lot line of SF-7 or less intensive property.
    e. 
    Paving. All roads, driveways, parking lots and loading and unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface as to limit for adjoining lots and public roads the nuisance caused by wind-borne dust.
    f. 
    Slopes. The slope of material in any excavation shall not exceed the normal angle of repose or fifty-five degrees (55°), whichever is less.
    g. 
    Buffers And Fences.
    (1) 
    When any open excavation will have a depth of ten (10) feet or more and create a slope of more than thirty degrees (30°), there shall be erected a fence of not less than six (6) feet in height with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fences shall be located fifty (50) feet or more from the edge of the excavation. Fences shall be adequate to prevent trespass and shall contain warning signs spaced no more than one hundred (100) feet apart to be visible along the entire length of said fences.
    (2) 
    A buffer shall be provided around the site in accordance with the standards of Section 407.040.
    h. 
    Stormwater Management. A stormwater management plan shall be required.
    i. 
    Site Restoration. The following restoration requirements shall apply to all excavation uses, provided that landfills shall, instead, be subject to State and Federal requirements.
    (1) 
    Restoration Plan.
    (a) 
    Before approval of a conditional use permit for an excavation use, the operator shall submit to the Director of Community Development a detailed plan for restoration of the site, including information on the anticipated future use of the restored land, existing and proposed final contours with an interval of no more than five (5) feet. The plan shall include type and number per acre of trees or shrubs to be planted, and the location of future roads, drives, drainage courses, or other improvements contemplated.
    (b) 
    The restoration plans shall be filed with and approved by the Planning Commission before quarrying or removal operations begin. The plans shall be prepared by a soil or geological engineer.
    (2) 
    Bonds. Before the issuance of any conditional use permit, the owner shall execute a bond sufficient to ensure restoration of the site in accordance with the approved restoration plan. Such bonds shall also be approved by the Planning Commission as to form, sufficiency and manner of execution, and shall run for the same term as the term of the conditional use permit and any renewals.
    (3) 
    Water Quality. In restoration, no filling operations shall be permitted which will likely result in contamination of ground or surface water, or soils, through seepage of liquid or solid waste or which will likely result in the seepage of gases into surface or sub-surface water or into the atmosphere.
    (4) 
    Appearance. The restoration plan shall provide that all areas within any single development be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural or they shall be restored pursuant to an approved restoration plan.
    (5) 
    Top Soil And Fills. Where topsoil is removed, sufficient arable soil shall be set aside for reclamation of the premises and shall be re-spread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two (2) feet or original thickness, whichever is less, capable of supporting vegetation. The area shall be seeded or sodded in a manner approved by the Planning Commission. Fill shall be of a suitable material approved by the Planning Commission.
    (6) 
    City, County, State And Federal Standards. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, Environmental Protection Agency, and Federal Health Department requirements pertaining to facilities, equipment and other features.
    13. 
    Mobile Homes, Manufactured Housing Units And Mobile Home Parks. Mobile homes and manufactured housing units shall be located only in mobile home parks that comply with the following standards.
    a. 
    Property Development Standards.
    (1) 
    Minimum park area: five (5) acres.
    (2) 
    Maximum density: seven (7) dwelling units per acre.
    (3) 
    Minimum perimeter setbacks: twenty (20) feet; thirty (30) feet when adjacent to rights-of-way and SF-7 or less intensive districts.
    b. 
    Streets. Private streets shall be permitted within mobile home parks, provided that they comply with the design standards of Section 406.010 and the City of Blue Springs Design and Construction Manual. Street signs that comply with all applicable City standards shall be provided.
    Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.
    c. 
    Parking. A minimum of two (2) parking spaces shall be provided for each dwelling unit within the mobile home park. At least one (1) of the two (2) required spaces shall be located on or adjacent to each mobile home/manufactured housing unit space. Head-in parking bays may be permitted on private streets but shall be limited to cul-de-sac bays or other local street where fast moving traffic will not be a hazard. All common parking areas shall be paved in accordance with City standards, including parking spaces on individual mobile home spaces.
    d. 
    Recreation And Open Space. At least three hundred (300) square feet of common recreation and open space shall be provided per mobile home/manufactured housing site in the mobile home park. Such recreation and open space area shall be located no further than five hundred (500) feet from any mobile home site served. Streets, sidewalks, parking areas and accessory buildings are not to be included as recreation space in computing the necessary area.
    e. 
    Walkways. Walkways shall be required on one (1) side of all interior streets and accessways and shall provide connections between mobile home units and common areas such as recreational areas and laundry facilities. Walkways shall not be less than four (4) feet in width and shall meet the design and construction requirements of Section 406.020.
    f. 
    Water Supply. All mobile home parks shall be connected to a public water supply. The individual water service connections shall be provided at each mobile home space and the size, location and installation of water lines shall be in accordance with the requirements of the City Plumbing Code.
    g. 
    Sewage Disposal. Individual sewer connections shall be provided for each mobile home space and shall be installed in accordance with the City Plumbing Code. All mobile home parks shall be connected to a public sewer system.
    h. 
    Storm Drainage Facilities. Drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owners adjacent to and downstream of the mobile home park. Such facilities shall be of such capacity to insure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park and shall comply with all applicable City Codes and the City of Blue Springs Design and Construction Manual.
    i. 
    Underground Utilities. All electric, telephone, and other lines from supply poles outside the park or other sources to each mobile home site shall be underground.
    j. 
    Fire Protection. Mobile home parks shall be equipped at all times with fire extinguishing equipment in good working order of such type, size, and number and so located within the park to satisfy regulations of the State Fire Marshall and the District Fire Chief.
    k. 
    Flammable Liquid Storage. The use of individual fuel oil or propane gas storage tanks to supply each mobile home separately shall be prohibited. Any fuel oil or gas storage shall be centrally located in underground tanks, at a safe distance from any mobile home site. All fuel lines leading to park and to mobile home sites shall be underground and so designed as to conform to the City Building Code and any State codes that are applicable. When separate meters are installed, each shall be located in a uniform manner.
    l. 
    Solid Waste. All garbage and trash containers shall be placed in a conveniently located, similarly designed, enclosed structure. The removal of trash shall take place not less than once a week. Individual incinerators shall be prohibited.
    m. 
    Landscaping. A landscape buffer that complies with the standards of Section 407.040 shall be provided and maintained along all boundaries of a mobile home park except at established entrances and exits.
    n. 
    Mobile Home Spaces Within Mobile Home Parks. Individual mobile homes within mobile home parks and mobile home spaces within mobile home parks shall comply with the standards of this Section.
    (1) 
    Minimum Size Of Mobile Home Space. Each mobile home space within a mobile home park shall contain at least three thousand (3,000) square feet of site area and be at least forty (40) feet in width.
    (2) 
    Access. Each space shall have access to a paved interior roadway. In no case shall access to mobile home spaces be provided from abutting property.
    (3) 
    Clearance. Each space shall be located so that at least ten (10) feet of clearance will be maintained between mobile home units and other structures in the park.
    (4) 
    Setbacks. Mobile home units shall be located at least fifty (50) feet from the centerline of interior streets and accessways. Mobile home units shall also comply with the perimeter setbacks of Section 405.050(A)(13)(a).
    (5) 
    Skirting. Uniform skirting of each mobile home base shall be required within thirty (30) days of placement of the mobile home. Such skirting shall be of twenty-six (26) gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to this mobile home so as to deter and prevent entry of rodents, reptiles and insects.
    (6) 
    Stands. Each mobile home site shall be provided with a stand consisting of a solid concrete pad not less than four (4) inches thick, and not more or less than the length and width of the mobile home to be placed upon it. This pad shall be so constructed, graded, and placed to be durable and adequate for the support of the maximum anticipated load during all seasons.
    (7) 
    Tie-Downs. Each mobile home shall be supported on uniform jacks or locks and tied down as required by the City Code and State law.
    (8) 
    Outdoor Patio. An all-weather hard surfaced outdoor patio area of not less than one hundred eighty (180) square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the lot and other facilities to provide suitable outdoor living space to supplement the limited interior spaces of a mobile home.
    (9) 
    Canopies And Awnings. Canopies and awnings may be attached to any mobile home and may be enclosed and used for recreation or sun room purposes. When enclosed for living purposes, such shall be considered as part of the mobile home and a permit required, issued by the Codes Administrator, before such enclosure can be used for living purposes.
    (10) 
    Utility Hookup. Each space shall have hook-up facilities for water, sewer, electricity, telephone and cable TV service. All occupied mobile homes shall have and use sanitary facilities contained wholly within the mobile home.
    14. 
    Recreation And Entertainment, Outdoor. Outdoor recreation and entertainment uses shall be located on arterials or collectors. Public activity areas shall be located at least two hundred (200) feet from any adjacent SF-7 or less intensive district.
    15. 
    Neighborhood And Community Assembly.
    a. 
    Entrances. Any lot containing an assembly use shall have direct access to a collector or arterial street.
    b. 
    Assembly uses in any residential district or less intensive district shall place all utilities underground.
    c. 
    Building Types. Assembly uses in any residential district shall be limited to the small civic building type, including the location criteria, standards and limits of that building type.
    d. 
    Bus Parking. Any parking area used for the overnight parking of buses and vehicles shall be located at least one hundred (100) feet from the lot line of a lot zoned SF-7 or less intensive. Any such parking area shall be screened from view of adjacent SF-7 and less intensive districts by a landscape buffer that complies with the standards of Section 407.040.
    16. 
    Salvage Yards. The following standards shall apply to salvage yards, scrap and waste material storage yards, auto wrecking and junk yards.
    a. 
    Separation From Residential. No salvage yard shall be located within three hundred (300) feet of an SF-7 or less intensive district.
    b. 
    Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.
    c. 
    Loading/Unloading. No junk shall be loaded, unloaded, or otherwise placed either temporarily or permanently outside the enclosed building, fence, or wall, or within the public right-of-way.
    17. 
    Solid Waste Collection/Processing Facilities. The following standards shall apply to solid waste collection/processing facilities.
    a. 
    Screening. The operation shall be conducted wholly within a non-combustible building or within an area surrounded on all sides by a fence or wall at least eight (8) feet in height. The fence or wall shall be of uniform height, uniform texture and color, and shall be so maintained by the proprietor as to insure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood. The fence or wall shall be installed in a way that retains all scrap, junk, or other materials within the yard. No scrap, junk or other salvaged materials may exceed the height of this enclosing fence or wall. Fences or walls shall not be required in those instances where complete visual screening of the operation is already in place by way of natural or human-made features.
    b. 
    Traffic Circulation. The operation shall provide entrances on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion. There shall be enough room on-site to accommodate peak traffic volume and company vehicles. A traffic analysis shall be required.
    c. 
    Storage Bins. Storage bins or trailers will be allowed to be stored on-site as an ancillary use, providing they are durable, covered and meet the same setbacks required for the structure on the site. The bins shall be screened from view off-site as part of the operation.
    d. 
    Loading/Unloading. No solid waste or junk shall be loaded, unloaded or otherwise placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except the use of storage bins placed on the outside an enclosed building for recycling. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition, in accordance with Chapter 245 of the City Code.
    e. 
    Separation From Residential. No structures shall be located within three hundred (300) feet of SF-7 or less intensive property.
    f. 
    Hours Of Operation. Uses shall not operate before sunrise or after sunset if located within one thousand (1,000) feet of SF-7 or less intensive zoning.
    g. 
    Paving. All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.
    h. 
    Stormwater Management. A stormwater management plan may be required at the discretion of the Director of Public Works.
    i. 
    Other Regulations. All operations shall be licensed if required, have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to facilities, equipment and other features.
    j. 
    Time Limit And Renewal Of Conditional Use Permit. The conditional use permit shall be effective for one (1) year, at which time it may be renewed in accordance with procedures applicable to the original approval. If renewed, a new time limit on the conditional use permit shall be established at the public hearing. The conditional use permit shall be revoked by the Director of Community Development if it is determined by the Director of Community Development that the use is creating a nuisance for nearby residents or businesses or is failing to comply with the conditions imposed on the operation.
    18. 
    Transitional Living Centers. Transitional living centers shall be subject to the following standards.
    a. 
    Size. No more than ten (10) persons, including staff, shall reside in the center at one (1) time.
    b. 
    Separation. No transitional living center shall be located within one thousand five hundred (1,500) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any religious assembly, school or SF-7 or less intensive property.
    19. 
    Vehicle/Equipment Sales, Vehicle/Equipment Storage Yards And Vehicle Repair (General).
    [Ord. No. 4723, 3-19-2018]
    a. 
    All vehicle and equipment storage areas and parking areas shall be surfaced with:
    (1) 
    Five (5) inches of concrete;
    (2) 
    Six (6) inches of asphalt; or
    (3) 
    Three (3) inches of asphalt combined with eight (8) inches of aggregate base and subgrade base.
    (4) 
    Any other pavement or surface material must be structurally equivalent to the above as determined by a licensed engineer in the State of Missouri to the satisfaction of the Director of Public Works, but all such areas shall be dust free.
    b. 
    "Vehicle Repair, General" uses may be permitted in the "RC" (Regional Commercial) Zoning District only when accessory to a permitted "Outdoor Sales And Services — Equipment."
    20. 
    Billboards And Electronic Billboards. A conditional use permit for a billboard or electronic billboard shall not be granted unless the billboard or electronic billboard complies with all applicable requirements of Chapter 501, Sign Code, and it is found that the proposed billboard or electronic billboard will:
    a. 
    Not eliminate an adequate supply of light or air to adjacent property nor endanger the safely of the public;
    b. 
    Not be unduly injurious to the use and enjoyment of adjacent property nor would it substantially diminish property values in the neighborhood;
    c. 
    Not block the view from any public way of legal signs previously existing on adjacent property;
    d. 
    Not be an obtrusive or incompatible sign that would injure the character of the neighborhood;
    e. 
    Not obstruct significant views and vistas;
    f. 
    Not obstruct vision where such obstruction could create a traffic hazard;
    g. 
    Be in keeping with the general spirit and intent of this Development Code; and
    h. 
    Be in compliance with all of the requirements for a structure in the zoning district in which it is proposed to be located.
    21. 
    Service Station, Automotive And Vehicle Repair (Limited). The following regulations shall apply to all automotive service stations, vehicle repair (limited) uses and other businesses that sell gasoline or diesel fuel and are not a "truck stop service station."
    a. 
    A traffic study shall be required for all automotive service stations. The person preparing the report must be a registered engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The traffic study shall address potential external and internal concerns as outlined in the Public Works Design and Construction Manual, and the conditional use shall not be granted unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow.
    Editor's Note: The City of Blue Springs Design and Construction Manual is on file in the City offices.
    b. 
    If the applicant intends to remain open for business past 10:00 p.m., the City may require that the buffer type to be located between the business and any residentially zoned property shall be a "Buffer D" as set forth in Section 407.040 if vehicle headlights from any customer's vehicles entering, parking, standing, or exiting would shine on to the residentially zoned property.
    c. 
    If the site cannot be screened from residential property such that vehicle headlights will not shine on to residentially zoned property, the hours of operation may be restricted to preclude operation between the hours of 10:00 p.m. and 6:00 a.m., or any portion thereof as determined by the Planning Commission.
    d. 
    Applicants shall indicate whether said business will sell alcoholic beverages, maintain video games for use by customers, sell prepared food for consumption on the premises or off the premises, provide car washing services, perform mechanical repairs on motor vehicles, provide an automatic teller machine or sell grocery type items. The conditional use granted shall specify whether or not the business is authorized to perform any or all of these functions. In evaluating the conditional use pursuant to Section 403.060, the impact of any and all of the foregoing items on the surrounding area or its development may be considered. When parking is calculated for such a business, all of the various types of operations combined within that business shall be considered to assure that adequate parking is provided.
    e. 
    The design, location, covering, colors, and screening of the gas pumps, shall be such that they are compatible with the design of the building.
    22. 
    Recycling Collection Centers. The following standards shall apply to recycling collection centers.
    a. 
    Minor.
    (1) 
    Screening. All business activities and operations such as loading and unloading storage and the like shall be conducted wholly within a non-combustible building, except as allowed by Section 405.060(A)(5).
    (2) 
    Storage Bins. No storage bins shall be placed outside the enclosed building except as allowed by Section 405.060(A)(5).
    (3) 
    Loading/Unloading. No solid waste or recyclable materials shall loaded, unloaded, or otherwise placed either temporarily or permanently outside an enclosed building except as allowed by Section 405.060.
    (4) 
    Building Orientation. Any building shall be oriented so that access doors for vehicles do not face public right-of-way or residentially zoned property unless there is an intervening building located between the use and the public right-of-way or residentially zoned property.
    (5) 
    Paving. There shall be a minimum paving setback of twenty-five (25) from any public right of way; thirty (30) feet from residentially zoned property; and ten (10) feet from non-residentially zoned property. All roads, driveways, parking lots and loading and unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.
    (6) 
    Maintenance. The property shall be maintained by the proprietor so as to ensure maximum safety to the public, obscure recyclables from normal view of the public, and preserve the general welfare of the neighborhood. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.
    (7) 
    Hours Of Operation. Uses shall not operate before 7:00 a.m., or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.
    (8) 
    Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.
    (9) 
    Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection center (minor) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.
    b. 
    Major.
    (1) 
    Screening. All collection stations shall be screened from public view of adjoining properties or any street right-of-way by a six (6) foot to eight (8) foot tall, one hundred percent (100%) opaque, solid screen or will be wholly contained within a structure.
    (2) 
    Storage Bins. Storage bins or trailers must be durable, covered and water tight and meet the setbacks of the underlying zoning district.
    (3) 
    Loading/Unloading. No solid waste or recyclable materials shall be placed either temporarily or permanently outside an enclosed building, fence or visually screened area or within the public right-of-way, except for the loading/unloading of the storage bins.
    (4) 
    Separation From Residential. No structures or bins shall be located within three hundred (300) feet of SF-7 or less intensive property.
    (5) 
    Paving. All roads, driveways, parking lots and loading/unloading areas shall be graded and paved with an approved concrete or asphalt/concrete surface.
    (6) 
    Maintenance. The operation shall be attended on days of operation to maintain the property in a clean, litter free condition in accordance with Chapter 245.
    (7) 
    Hours Of Operation. Uses shall not operate before 7:00 a.m. or after 7:00 p.m., if located within one thousand (1,000) feet of residentially zoned property. A sign shall be posted on the recycling enclosure stating the hours when collection of materials will be conducted.
    (8) 
    Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040.
    (9) 
    Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Natural Resources and shall meet all City, County, State and Federal Health Department requirements pertaining to the facilities, equipment and other features. Recycling collection centers (major) cannot accept hazardous wastes if located within one thousand (1,000) feet of residentially zoned property.
    23. 
    Vehicle/Equipment Sales. The following standards shall apply to vehicle and equipment sales.
    a. 
    Paving Area Setback. There shall be a minimum of twenty-five (25) feet from the street right-of-way, thirty (30) feet from MF-14 or less intensive use, and ten (10) feet from GB, LI, HI.
    b. 
    Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on-site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street unloading area.
    c. 
    Driveways. The total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way.
    d. 
    Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.
    e. 
    Screening.
    (1) 
    All repair and service facilities shall be conducted within an enclosed building. Such repair and service facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building located between the use and the residential or public right-of-way. Such intervening building shall be located on site.
    (2) 
    The use of landscaped berms shall be incorporated whenever possible.
    24. 
    Car Wash — Vehicle Repair (General And Limited). The following standards shall apply to car washes and vehicle repair (general and limited):
    a. 
    Service bays and other vehicular use areas shall be designed so that they do not face any residential uses. The Director of Community Development may recommend, and the Planning Commission may approve an increase of the landscape buffer to protect neighboring residential property.
    25. 
    Vehicle Rental Establishments — Standards For Operation. The following standards shall apply to vehicle rental establishments as defined in Section 411.030(A)(5), "Outdoor Sales And Services — Equipment." All other businesses that rent vehicles or equipment shall fall under vehicle/equipment sales and must comply with the standards set forth in Section 405.050(A)(23).
    a. 
    Inventory. All vehicles permanently stored on site must be in the agency's active rental fleet. The maximum number of vehicles to be stored on the site must be approved as part of the conditional use permit. No vehicle stored on site shall be greater than two (2) years of age or have a passenger capacity of greater than fifteen (15) passengers, except that no more than three (3) passenger vans with a twelve to fifteen (12 — 15) person capacity may be stored on the property for a period of time not to exceed twenty-four (24) hours.
    b. 
    Operable, Dismantled Or Damaged Vehicle. There shall not be any inoperable, dismantled or damaged vehicles outside of the building on the property (site) at any time.
    c. 
    Landscaping. The site shall meet all applicable landscape requirements in accordance with Section 407.040. The use of landscaped berms shall be incorporated whenever possible.
    d. 
    Maintenance. The operation shall be attended on days of operation to maintain the property in a clean and organized manner, such that automobiles are parked in an organized fashion, so the site will not to be considered by the City to be detrimental to adjacent properties.
    e. 
    Noise. The use of loud speakers or other exterior amplification devices shall be prohibited.
    f. 
    Paving. Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
    g. 
    Paving Area Setback. There shall be a minimum of twenty-five (25) feet on the street right-of-way, thirty (30) feet from SO or less intensive use and ten (10) feet from a GB, RC, LI or HI District. Vehicle storage or display area shall not encroach upon a required parking/paving setback.
    h. 
    Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street loading/unloading area. Vehicles stored on site must be contained in an appropriately paved area separate from required parking spaces. No vehicles shall be parked in any landscape area on the property or within the street right-of-way.
    i. 
    Screening. All automobile/vehicular maintenance services shall be conducted within an enclosed building. Only maintenance services, not repair services, shall be allowed on site. Such maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Section 407.040, excepting that said buffer shall have a minimum of forty-five (45) plant units per one hundred (100) linear feet of which a minimum of seventy-five percent (75%) shall be large deciduous or evergreen trees located between the use and the residential or public right-of-way. Such intervening building shall be located on site.
    j. 
    Fueling Stations. Neither gasoline or fuel for rental or non-rental vehicles shall be kept, sold or dispensed on the site.
    k. 
    Separation From Residential. No vehicular parking shall be located within thirty (30) feet of SF-7 or less intensive property.
    l. 
    Temporary Signage. The use of temporary signage shall be kept to a minimum as determined by the City of Blue Springs and shall be in accordance with Chapter 501 of the City Code.
    m. 
    Other Regulations. All operations shall be licensed by the State of Missouri, if required, and have proper permits from the Missouri Department of Motor Vehicles and shall meet all City, County, State and Federal requirements pertaining to the facilities involved in vehicular rental practices.
    n. 
    Driveways And Access. Driveways and roadway access shall be constructed and maintained in accordance with Section 407.020 and as directed and approved by the City's Public Works Director.
    26. 
    Short-Term Loan Service.
    a. 
    Separation From Other Uses. No short-term loan service establishment shall be shall be allowed to locate or expand within two hundred (200) feet of any RE, SF, T3, T4, TF or MF zoned lot or within one thousand five hundred (1,500) feet of any school, elementary, middle or high, or parks and recreation use as those terms are defined in the City Code. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that is zoned RE, SF, TF, or MF or that contains the school, elementary, middle or high, or parks and recreation use.
    b. 
    Separation From Other Short-Term Loan Service. No short-term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of any other short-term loan service use or within one thousand five hundred (1,500) feet of any pawnshop or precious metal and gem dealer as they are defined in Section 650.010 and Section 615.010, respectively. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest lot line of the lot that contains the other short-term loan service or the pawnshop or precious metal and gem dealer use.
    c. 
    Separation From City Limits. No short-term loan service establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of City of Blue Springs boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service establishment to the nearest City limits boundary line.
    d. 
    Limitation On Number. Not more than one (1) conditional use permit for a short-term loan service shall be issued per each increment of four thousand five hundred (4,500) persons that make up the population of the City of Blue Springs. The population of the City, for the purpose of this Section, shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January 1 of each year.
    e. 
    Site Plans. Short-term loan service establishments shall be subject to site plan and design review pursuant to Section 403.070.
    27. 
    Micro-Wind Turbines.
    a. 
    Micro-wind turbines (MWT) shall comply with all applicable regulations in Section 408.040.
    b. 
    Micro-wind towers shall only be allowed in conjunction with a conditional use permit (CUP) pursuant to the provisions of Section 403.060 of the UDC.
    c. 
    Micro-wind turbines in the Adams Dairy Parkway Overlay District do not require appearance review.
    d. 
    Individual monopole MWT towers shall not exceed sixty (60) feet above the ground, including the tower and blade radius. Use of lattice type towers or structures is prohibited.
    e. 
    Maximum aggregate wind turbine height for all MWTs on a parcel shall be two hundred (200) feet.
    f. 
    MWTs are limited to providing electricity up to ten (10) kilowatts.
    g. 
    MWTs shall be mounted on a freestanding monopole only. Building-mounted systems are prohibited.
    28. 
    Haunted House. (Note: These special use standards also apply in Zone T4 and Zone T5 of the DDC.)
    a. 
    Haunted House. Haunted houses must meet any and all the requirements for and provisions of assembly: Group A-3 buildings and occupancies and special amusement buildings (Sections 411.1 — 411.8) in the 2006 International Building Code as well as any future amendments thereto in the IBC and in instances where the requirements are different, the most restrictive requirements shall be met.
    (1) 
    Any retail services included within haunted houses shall be considered secondary to the primary use of entertainment purposes.
    (2) 
    Noise Regulations. The use of loud speakers or other exterior amplification devices such that they are heard across a residential or commercial real property boundary is prohibited.
    (3) 
    The exterior lighting regulations of the Unified Development Code, Section 407.060 shall be applicable.
    (4) 
    Parking regulations.
    (a) 
    Indoor haunted houses: one (1) per four hundred (400) square feet.
    (b) 
    Outdoor haunted houses: Schedule C.
    (5) 
    Hours Of Operation. Uses shall not operate between 12:00 a.m. and 6:00 a.m.
    (6) 
    Out-Of-Doors Security And Crowd Control. It shall be the responsibility of the operator of the haunted house/special amusement building to provide out-of-doors security and/or crowd control as deemed necessary by the City.
    (7) 
    The operator of a haunted house/special amusement building shall provide out-of-doors covered receptacles for trash and aluminum can/plastic bottle recycling as needed to control litter and to offer those waiting the opportunity to properly dispose of trash/recyclables.
    (8) 
    Signage is subject to the regulations defined in Chapter 501, Sign Code.
    (9) 
    As a condition precedent to a license being issued for operation of a haunted house use, the applicant shall furnish to the City a certificate of insurance, in a company approved by the Finance Director, meeting the following requirements:
    (a) 
    The policy shall provide for liability insurance with a combined single-limit policy of five hundred thousand dollars ($500,000.00).
    (b) 
    The City shall be added as an additional insured to such policy by separate endorsement and a copy of said endorsement shall be provided to the City.
    (c) 
    The policy shall contain a separate endorsement, if such an endorsement is available, requiring the insurance company to notify the City, in writing, of any material change in or cancellation of the policy at least ten (10) days prior thereto, but in any event the applicant shall notify the City of any impending cancellation, actual cancellation, termination or non-renewal of the policy by faxing or delivering to the City a copy of the insurer's cancellation or non-renewal notice to applicant within two (2) business days of applicant's receipt of said notice.
    (d) 
    Before the license is issued or renewed, the permittee shall deposit with the City a certificate of insurance evidencing that the endorsements required by Subsection (A)(28)(a)(9)(b) and (c) of this Section have been issued.
    29. 
    Indoor Shooting Ranges. Indoor shooting ranges shall be subject to the following standards and requirements:
    a. 
    The use, occupancy and construction of the building shall be of materials that will contain all fired rounds within the confines of the building.
    b. 
    The use shall comply with the applicable State of Missouri Statutes relating to businesses and pollution control.
    c. 
    The use shall conform to applicable Environmental Protection Agency and OSHA standards for indoor ventilation, emissions into the atmosphere, indoor sound levels, lead containment, and outside noise standards.
    d. 
    If retail sales and/or repair of firearms and/or ammunition is conducted on the premises, the management shall comply with all licensing and operations requirements of the Federal Bureau of Alcohol, Tobacco, and Firearms and any other applicable State and Federal laws or regulations.
    e. 
    The design and construction of the firing range shall totally confine all fired projectiles within the building and in a controlled manner. The design and construction of the firing range shall be certified by a professional engineer or architect registered in the State of Missouri and designed with consideration of most current edition of "The Range Source Book" as published by the National Rifle Association.
    f. 
    The certified plans shall include specifications and construction of the bullet traps, ceilings, exterior and interior walls, and floors. The certified plans shall also state what type and caliber of ammunition the range is designed to totally confine.
    g. 
    No ammunition shall be used in the range that exceeds the certified design and construction specifications for the firing range. Maximum design specification shall be posted inside the range.
    h. 
    An alarm system, cut-wire protected, shall be supplied to provide security for the general premises.
    i. 
    On-site supervision shall be supplied at all times that the range is open for business by an adult with credentials as a qualified range master.
    j. 
    The transport of firearms on the premises shall conform to State and Federal laws.
    k. 
    Persons under the age of eighteen (18) shall not be allowed in the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted in the premises.
    l. 
    The hours of operation for the range shall be limited to the hours of 6:00 a.m. to 11:00 p.m.
    m. 
    Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an indoor shooting range.
    30. 
    Outdoor Shooting Ranges. Outdoor shooting ranges shall be subject to the following standards and requirements:
    a. 
    The use shall comply with the applicable State of Missouri Statutes relating to businesses, noise, and pollution control.
    b. 
    On-site supervision shall be supplied at all times by an adult with credentials as a qualified range master.
    c. 
    The transport of firearms on the premises shall conform to State and Federal laws.
    d. 
    Persons under the age of eighteen (18) shall not be allowed at the range unless accompanied by an adult over the age of twenty-one (21) at all times. A sign stating the same shall be visibly posted near the entry of the firing range.
    e. 
    Sale and/or consumption of alcoholic beverages shall be prohibited on any property that is utilized for an outdoor shooting range.
    f. 
    The applicant and/or owner of any outdoor shooting range shall provide the City with a detailed program explaining the hours of operation, range procedures, method of containment for projectiles and spent shell casings, and methods of disposal for lead and various other metals associated with the outdoor shooting range use.
    g. 
    The hours of operation for an outdoor shooting range shall be limited from 6:00 a.m., to 10:00 p.m., daily. Also, the use of any loudspeaker or similar device shall be limited to between the hours of 6:00 a.m., and 10:00 p.m.
    31. 
    Building Or Construction Contractor (With Machinery, Equipment, Or Storage). Building or Construction Contractor (with machinery, equipment, or storage) shall be subject to the following standards and requirements:
    [Ord. No. 4625 § 7, 11-21-2016]
    a. 
    All storage of machinery and equipment shall be placed in the rear or non-street corner sides of the building and screened from street view and, if adjacent to less-intensive zoning districts, with an opaque fence between six (6) feet and eight (8) feet tall to screen the storage area. Screening shall be coordinated with the building to maintain a unified appearance.
    b. 
    Storage areas located further than three hundred (300) feet from the street or adjacent properties and not readily visible from the street or adjacent properties need not provide screening.
    32. 
    Tobacconist. Tobacconists shall be subject to the following standards and requirements:
    [Ord. No. 4723, 3-19-2018]
    a. 
    As a conditional use, a tobacconist may not locate or expand any existing operation within five hundred (500) feet of any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the tobacconist and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park.
    b. 
    No permit or license may be issued for a tobacconist where it is determined that the total number of such facilities will exceed a population density factor of one (1) such establishment per eight thousand (8,000) residents based on the last decennial census.
    33. 
    Body Art Service. Body art services shall be subject to the following standards and requirements:
    [Ord. No. 4723, 3-19-2018]
    a. 
    As a conditional use, body art services may not locate or expand any existing operation within five hundred (500) feet of any residential use or district, church, school or public park. The distance between these uses shall be measured in a straight line from the boundary of any property containing the body art service and the boundary of any property zoned residential or in use for a residential purpose, church, school, or public park.
    b. 
    No permit or license may be issued for a body art service establishment where it is determined that the total number of such facilities will exceed a population density factor of one (1) such establishment per fifteen thousand (15,000) residents based on the last decennial census. This shall not restrict multiple artists from co-locating in an establishment.
    34. 
    Medical Marijuana Dispensary. Medical marijuana dispensaries shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a medical marijuana dispensary without complying with the following regulations:
    [Ord. No. 4826, 5-20-2019]
    a. 
    Medical marijuana dispensary facilities shall comply with Section 407.050, Operation And Performance.
    b. 
    Buffer Requirement. No medical marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.
    (1) 
    In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
    (2) 
    In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church.
    (3) 
    Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
    (4) 
    For purposes of this Section the term “church” shall be defined as it is defined under 19 CSR 30-95.010 Definitions.
    c. 
    Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
    d. 
    On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business.
    e. 
    Hours Of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.
    f. 
    Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
    g. 
    Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.
    h. 
    Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
    i. 
    Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.
    j. 
    All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.
    k. 
    Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.
    35. 
    Medical Marijuana Cultivation Facility. Medical marijuana cultivation facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a medical marijuana cultivation facility without complying with the following regulations:
    [Ord. No. 4826, 5-20-2019]
    a. 
    Medical marijuana cultivation facilities shall comply with Section 407.050, Operation and Performance.
    b. 
    Buffer Requirement. No medical marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.
    (1) 
    In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
    (2) 
    In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church.
    (3) 
    Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
    (4) 
    For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.
    c. 
    Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
    d. 
    On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business
    e. 
    Hours Of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.
    f. 
    Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
    g. 
    Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.
    h. 
    Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
    i. 
    Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.
    j. 
    All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.
    k. 
    Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.
    36. 
    Medical Marijuana Testing Facility. Medical marijuana testing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a medical marijuana testing facility without complying with the following regulations:
    [Ord. No. 4826, 5-20-2019]
    a. 
    Medical marijuana testing facilities shall comply with Section 407.050, Operation And Performance.
    b. 
    Buffer Requirement. No medical marijuana business shall be located within three hundred (300) feet of an existing elementary or secondary school, licensed child day-care center, or church.
    (1) 
    In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
    (2) 
    In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church.
    (3) 
    Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
    (4) 
    For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.
    c. 
    Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
    d. 
    On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business.
    e. 
    Hours Of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.
    f. 
    Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
    g. 
    Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.
    h. 
    Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
    i. 
    Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan And Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.
    j. 
    All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.
    k. 
    Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facility shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.
    37. 
    Medical Marijuana-Infused Products Manufacturing Facility. Medical marijuana-infused products manufacturing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a medical marijuana-infused products manufacturing facility without complying with the following regulations, in addition to all applicable provisions of the UDC for the development and improvement of property:
    [Ord. No. 4826, 5-20-2019]
    a. 
    Medical marijuana-infused products manufacturing facilities shall comply with Section 407.050, Operation And Performance.
    b. 
    Buffer Requirement. No medical marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.
    (1) 
    In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
    (2) 
    In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church.
    (3) 
    Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
    (4) 
    For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.
    c. 
    Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
    d. 
    On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business.
    e. 
    Hours Of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.
    f. 
    Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
    g. 
    Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.
    h. 
    Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
    i. 
    Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan and Design. The site plan shall include a description of the ventilation system to be used to contain odors within the building.
    j. 
    All facilities shall comply with the video surveillance requirements in Section 610.270 or as otherwise determined by the State regulations.
    k. 
    Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090 Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.
    38. 
    Medical Marijuana Uses. Medical marijuana uses, including dispensary, testing facilities, marijuana-infused products manufacturing, and testing facilities shall be subject to the following standards and requirements. No building shall be constructed, altered, or used for a medical marijuana use without complying with the following regulations:
    [Ord. No. 4826, 5-20-2019]
    a. 
    All medical marijuana uses shall comply with Section 407.050, Operation And Performance.
    b. 
    Buffer Requirement. No medical marijuana business shall be located within one thousand (1,000) feet of an existing elementary or secondary school, licensed child day-care center, or church.
    (1) 
    In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
    (2) 
    In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church.
    (3) 
    Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
    (4) 
    For purposes of this Section the term “church” shall be defined as is defined under 19 CSR 30-95.010 Definitions.
    c. 
    Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations or storage shall be permitted.
    d. 
    On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana business.
    e. 
    Hours Of Operation. All medical marijuana businesses shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 8:00 P.M. and 8:00 A.M.
    f. 
    Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises.
    g. 
    Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.
    h. 
    Ventilation Required. All medical marijuana businesses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.
    i. 
    Site Plan Review Required. A site plan meeting the requirements of this Title shall be submitted for review and approval subject to the procedures of Section 403.070, Site Plan and Design Review. The site plan shall include a description of the ventilation system to be used to contain odors within the building.
    j. 
    All facilities shall comply with the video surveillance requirements of Section 610.270 or as otherwise determined by the State regulations.
    k. 
    Architecture. Any new development, building addition or exterior renovation for a medical marijuana use or facilities shall comply with Section 407.090, Non-Residential Design. Exterior building facades shall be designed with high-quality materials to be complementary to the characteristics of the surrounding area in a way that contributes to the establishment of a positive character for the area. Strategies to achieve this include, but are not limited to, using similar or better-quality and complementary materials, colors or design details and using similar or complementary building shapes and/or forms.
R.O. 1996 § 405.050; Ord. No. 4558 § 1, 8-3-2015