City of Rolla, Missouri

This Article is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values and the economic use of property as well as the prevention of traffic congestion and the mitigation of adverse environmental impacts from the conduct of business in Rolla. (Ord. 3414)

Sec. 42-139. Regulated Activities

Territorial Application of Regulations: The regulations and restrictions in this Article shall apply to all buildings, structures, and land uses within the corporate limits of the City of Rolla, unless otherwise exempted or grand‑fathered by other provisions of this Article.
Land Use Review: The following type of requests will be reviewed for compliance with Chapter 42 of the Rolla City Code and a record shall be kept in the Community Development Department that indicates the findings and conclusions of such land use reviews:
1. New Commercial Buildings and Additions to or Expansions of Commercial Buildings
2. New Industrial Buildings and Additions to or Expansions of Industrial Buildings
3. New Multi-family Buildings and Additions to or Expansions of Multi-family Buildings
4. Change in Use, Increase of Intensity of Use, and Establishment of a New Use
5. Home Occupation Applications
6. Sign Applications

Land use actions that are reviewed by City Council such as rezonings, subdivisions, lot consolidations, lot reconfigurations, planned unit developments, conditional use permits and other land use actions also require land use review and record-keeping. All of the other applications of the regulations of Chapter 42 of the Rolla City Code that are not explicitly listed above shall be enforced through the building permitting process, unless, at the discretion of the Community Development Director, land use review is needed. The above-listed types of requests and other land use reviews may require the applicant to submit applications and additional information as reasonably needed before approving such a land use review.

Application to Change of Use, Increase of Intensity of Use, and Establishment of a New Use: A zoning inspection for a business license that results in a change of use (as listed in the permitted/conditional use lists of each district, not as described in building codes), increase of intensity of use, or the establishment of a new use shall only be approved if the use and parking regulations of this Article are met. Regardless of application for a business license, a change of use, increase of intensity of use, or the establishment of a new use is permitted only when the provisions of this Article are met. Unless exempted by other provisions of this Article, no building permits shall be issued until the use and parking regulations and standards are met.
Application for Expansions, Additions and Enlargements: Unless otherwise exempted by provisions of this Article, any expansion of, addition to, or enlargement of an existing structure must conform to the provisions of this Article, including parking requirements and standards. Otherwise, no building permits shall be issued. If an existing building is located on a lot that does not conform to minimum lot size and width requirements, the building shall not be expanded, or receive additions, nor shall the lot receive additional primary or accessory structures.
Application to Existing Uses, Buildings and Structures: Any use, building, or structure that does not conform to the regulations of this Article, but were lawful and conforming when established or constructed, may continue, but shall be subject to the limitations of Division 20, which pertain to nonconforming uses, and any other exemptions or limitations provided by this Article.
Application to Existing Variances, Special Exceptions, Conditional Use Permits, and Planned Unit Developments: Any exceptions or alternative development standards granted through Variances, Special Exceptions, Conditional Use Permits, and Planned Unit Developments remain valid until otherwise made invalid by any provision of this Article or other method authorized by the City Council of Rolla. (Ord. 3414; Ord. 4428, §§1-2)

Sec. 42-140. Rules of Interpretation.

When referring to this Article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise.

The word shall is always mandatory and not discretionary. The word may is permlsslve.
Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.
The use of the male pronoun includes the use of the female pronoun.
The word person includes individuals, firms, corporations, associations and any other similar entities.
The words parcel, site, or tract are synonymous and are general terms for the description of land.
The word City means the area of jurisdiction of the City of Rolla, Missouri. (Ord. 3414)

Sec. 42-141. Definitions.

Words found in the text or tables of this Article shall be interpreted in accordance with the provisions set forth in this Section. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:

Accessory structure or building: A structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.

Acre: A measure of land area containing forty three thousand five hundred sixty (43,560) square feet.
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Adult day care home: That portion of a residence wherein the owner or occupier of the residence provides care and supervision to meet the needs of up to eight (8) functionally impaired adults for periods of less than twenty-four (24) consecutive hours, without overnight accommodations. (Ord. 3748, §1)

Agricultural activity: The provisions of Chapter 5 Rolla City Code - Animals & Fowl notwithstanding, the production, keeping or maintenance, for sale, lease or personal use, of any bovines or equines, excluding feed lots, stockyards, and animal slaughter or meat processing facilities. (Ord. 3891, §1).

Alley: A public way that extends only secondary means of access to abutting property.

Alteration, structural: Any alteration to any component of a structure that supports any vertical load in addition to its own weight.

Apartment: A room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.

Apartment structure: Same as "Dwelling, multi‑family."

Attached Single Family or Townhouse: An attached single family dwelling unit or townhouse with at least one private exterior entrance, constructed in a group of two or more attached single family units or townhouse in which each unit extends from the foundation to roof with open space on at least two sides. Attached single family or townhouse shall be limited to 35 (thirty-five) feet in height (2 stories) or 45 (forty-five) feet in height (3 stories), provided a secondary means of egress shall be constructed on the third floor with an automatic sprinkler system throughout the building as required per International Building Code (IBC), Residential Group R-2. (Ord. 4212, §1)

Automobile sales: An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station: Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.

Automobile wrecking or salvage yard: An open area used for dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories.

Bar: See Tavern.

Berm: A mound of earth, typically located in a buffer‑yard to shield or block noise, lights or other nuisances.

Boarding, rooming and lodging house: A building other than a motel where lodging and/or meals is provided by the owner or operator for three (3), but not more than five (5) persons for compensation.

Buffer-yard: Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to limit nuisances.

Building: A structure having a roof supported by columns or walls.

Building codes: The Building Code of the City of Rolla, Missouri together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.

Building Design Standards. Buildings designed for Attached Single Family or Townhouse

Buildings shall not exceed (150) one hundred fifty linear feet in total frontage;
The building fronts of attached townhomes that exceed groups of four (4) units that have unbroken wall and roof planes surfaces of (60) sixty feet or more are prohibited. At least every 60 linear feet, wall or roof planes shall contain offsets or setbacks of at least two (2) feet.
A change in texture, material or the use of architectural features to differentiate individual units to ensure that buildings have a multi-faceted exterior in which building fronts are combined with window and door placements as well as other architectural details, such as the use of dormers, gabled roof front stoops, flower boxes, and or shutters may be used in-lieu of 2 above. (Ord. 4212, §2)

Building unit, group: Two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.

Building line: A line located a minimum horizontal distance from the center of the street and parallel thereto, beyond which no part of a building shall extend.

Building, front of: The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated.

Bulk requirements: Bulk requirements (synonymous with bulk regulations) provide a zoning envelope for buildings by horizontal measurement. Such regulations include setbacks, minimum street frontage, maximum lot coverage, and minimum lot size.

Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for resale to distributors or retail dealers or outlets.

Cemetery: Property used for the interring of the dead, including mausoleums.

Child care center: A state licensed child day care facility permitted to serve more than ten (10) unrelated children and required to utilize a commercial grade kitchen.

Child day care: The care of a child away from his own home on either a commercial or noncommercial basis for any part of a twenty‑ four (24) hour period.

Child care home, family: A state licensed child care facility permitted to serve no more than ten (10) unrelated children.

Child Daycare Center: A child daycare center or centers, licensed by the Department of Health and Senior services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day.

Child day care home: An unlicensed child day care facility permitted to serve no more than four (4)‑unrelated children.

Church: A building or structure(s), which by design are primarily intended for the conducting of religious services and associated accessory uses. At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship and reasonably available to the public.

Clinic, medical or dental: An institution or station for the examination and treatment of all ill and affected out patients where overnight lodging is limited to one (1) night.

College: An institution that provides post‑secondary educational program, including classrooms, laboratory and administration buildings, libraries, dormitories, dining halls, student centers, auditoriums, chapels, gymnasiums, stadiums, fraternities, sororities, etc.

Community center: A building for social, educational, and recreational activities of a neighborhood or community, provided any such use is not operated primarily for commercial gain.

Community treatment center: Structures and land used for the inpatient and/or outpatient treatment of alcohol and other drug abuse, for the evaluation of treatment needs, and /or for services to family members of patients in a program accredited by the Department of Mental Health/Division of Alcohol and Drug Abuse, the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission for the Accreditation of Hospitals, or the American Osteopathic Association.

Convenience store: A retail establishment typically having a gross floor area of five thousand (5,000) square feet or less; primarily selling petroleum products, foods, as well as other household goods customarily sold in larger food markets and supermarkets.

Conditional use: A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Article and authorized by City Council.

Condominium: A building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.

Curb grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this Article.

Dance hall: Any place open to the public in which persons move with either backward, forward or side steps, accompanied by music.

Depth of rear yard: The horizontal distance between the rear line of the main building nearest the rear property line, otherwise the rear lot line.

District: A section of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.

Drive-in facility: A facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.

Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, each with separate toilets and kitchen facilities and intended to function as separate dwelling units with, for example, individual utility meters, addresses, etc., but not including hotels, motels, boarding, rooming and lodging houses; and institutional care facilities.

Dwelling, single‑family detached: A detached building surrounded by open space on the same lot designed exclusively for occupancy by one family or a foster home which provides 24‑hour care for seven or less unrelated children.

Dwelling, two‑family: See Duplex

Dwelling & single-family semi‑detached: A dwelling unit attached to one or more dwelling units by common vertical walls without opening, each unit located on a separate lot of record.

Dwelling, multi‑family: A building or portion thereof arranged, designed or occupied as a residence by three or more individuals or families having separate quarters and living independently of each other.

Economic hardship: When the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.

Efficiency apartments: A building occupied or designed for living units in apartments containing not less than three hundred (300) square feet per apartment; excluding public halls, corridors, or stairways.

Family: The following living arrangements shall constitute a "Family":

Eight (8) or fewer unrelated persons, or four (4) or fewer unrelated persons plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit in areas zoned R-3 (Multi-Family District) with single kitchen facilities and no more than (8) eight bedrooms per unit; or
Four (4) or fewer unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, living as a single housekeeping unit in areas zoned RR (Rural Residential District), R-1 (Single Family District), and R-2 (Two Family District) with single kitchen facilities; or
One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
The term family shall not be construed to mean fraternity, sorority, club, or institutional group. (Ord. 4211, §1)

Farming or truck gardening: A tract of land cultivated by an owner or tenant for the purpose of supplying provisions or food.

Feedlot: A confined land area for fattening cattle or other animals or temporarily holding such animals for sale or shipping.

Flashing light: A continuously intermittent light or sequential light; but not including animation or lighting that changes the copy of a sign.

Fraternity house: A building maintained exclusively by an incorporated fraternity for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)

Frontage: All the property fronting on one side of a street between the two nearest intersecting streets, or other natural barriers.

Front lot line: The line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.

Funeral home: A building used for the preparation of the deceased for burial and display, with ceremonies connected therewith before burial or cremation, but shall not include facilities for cremation.

Garage, private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouses: A building consisting of glazed frames or sashes, used for the purpose of cultivating plants too tender to endure open air.

Gross floor areas: The gross floor area of an apartment house shall be measured by taking an outside dimension of the apartment building at each floor level excluding, however, the floor area of basements or attics when not occupied as living quarters.

Group home, residential: A single family dwelling in which no more than ten (10) people reside, comprised of the following: eight or fewer unrelated mentally or physically handicapped persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the dwelling, and the children of the house parents or guardians.

Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Height: Dimensional and Story: Height shall be calculated as the number of stories in a building and by a dimension that is measured from a height that is equal to the lowest point along the intersection of the front(s) of the building (the side or sides of the building that faces the front lot line or lines) and the ground to the highest point of either the parapet line, cornice line, or eave line, whichever is applicable and highest. A story is limited to 14 feet from the finished floor to the ceiling, except that ground-floor stories used for commercial purposes may be as high as 20 feet. If there are multiple floor heights in one story, the lowest floor will be used for the calculation. Any story that exceeds these limitations will count as two stories. Basements that emerge four feet or less from the lowest ground level at the intersection of the front of the building and the ground and attics not exceeding four feet at the top of the kickwall shall not constitute an additional story. Any attic or basement that exceeds these limitations shall count as a story. When determining if a building meets maximum height regulations, both types of measurements, stories and dimensional height, shall be taken into consideration. Violation of either measurement constitutes a height violation.

Home occupation: Same as Customary home occupations.

Hospital: An institution or place where sick or injured patients are given medical or surgical care, whether at public or private expense.

Hospital, animal: An establishment where there are facilities to lodge animals that are being treated by a veterinarian.

Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, and in which there are more than twelve sleeping rooms.

Hotel apartment: A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units.

Impervious surface: Any part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of storm water.

Kennel: Any lot or premises on which four or more dogs, more than four months of age, are kept for commercial purposes.

Land Use: The purpose for which land, a structure, a building, or part thereof is being used. The term does not refer to building code categorization of use. Rather, the land use should be listed in the permitted/conditional use lists of each district in this Article or be similar to one of those uses listed. If the use cannot be found, the use should be added to the list through a code interpretation request.

Loading space: An off‑street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot: An undivided tract or parcel of land that is under one ownership, has frontage on a street or access to a street, and is designated as a separate tract of land by identifying its boundaries by a lot number or letter on a duly approved and recorded subdivision or by a metes and bounds description on a recorded instrument prior to November 1, 1973.

Lot area: The total horizontal area within the boundary lines of a lot.

Lot, corner: A lot situated at the intersection of two or more streets.

Lot, depth: The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

Lot, front of: The front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street with the greatest number of lots front.

Lot, interior: A lot other than a corner lot.

Lot lines: The lines bounding a lot as defined herein.

Lot of record: A lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds and as approved under Chapter 42, Article II, Subdivisions.

Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot or lots to its rear.

Lot, through or double frontage: A lot having frontage on two parallel or approximately parallel streets.

Lot width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lots lines.

Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Manufactured home: See "Mobile home". (Ord. 3748, §1)

Marijuana or Marihuana: Cannabis Indica, Cannabis sativa, and Cannabis ruderals, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

Marijuana-Infused Products: products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.

Medical Marijuana Cultivation Facility: a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility.

Medical Marijuana Dispensary Facility: a facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Projects Manufacturing Facility.

Medical Marijuana-Infused Products Facility: a facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Projects Facility.

Medical Marijuana: marijuana that is available only by prescription and used to treat a variety of medical conditions.

Medical Marijuana Testing Facility: a facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.

Mobile home: A transportable, factory‑built home, designed to be used as a year‑round residential dwelling containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Motel: An establishment providing transient accommodations on a daily rate to the general public with at least twenty five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Natural or artificial barrier: Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside.

Non-conforming structure: A building or structure or portion thereof that was lawfully erected, but does not conform to height, setback, or bulk regulations.

Non-conforming use: A lawfully established use of land, a building, or a structure that does not conform to the current Planning and Zoning Code.

Nurseries: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated for commercial purposes.

Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Office, sales: An accessory office to a principal use where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on site.

Office, retail/warehouse combination: A facility that provides combined office, retail and warehousing facilities for one or more businesses.

Open space: Area included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.

Owner of record: The person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.

Package liquor store: An establishment where alcoholic beverages are sold for consumption off premises.

Parking space, automobile: Space within a building or a private or public parking area for the parking of one automobile.

Person: Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.

Pick-up facility: A facility typically accessory to a commercial establishment designed solely for the distribution of goods ordered before arriving at the establishment.

Premise: A premise is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premise has one or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.

Principal building or structure: A structure, or group of structures, in which the principal use of a premise is located.

Principal use: The primary or predominant use of a premise.

Print shop: A typically small retail establishment whose principal activity is to provide duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment or small printing presses.

Private club: An organization of persons for special purposes or the support of sports, arts, literature, politics and the like.

Qualifying Patient: A Missouri resident diagnosed with at least one qualifying medical condition.

Rear lot line: The line of the lot opposite the front lot line.

Rear yard: A space unoccupied except by a building or accessory use as hereinafter permitted, extending the full width of the lot between the main building and the rear lot line. Where there is an alley the depth of the rear yard may be measured from the rear lot line.

Restaurant: An establishment where food and drink is prepared and served for consumption on or off premise. If alcoholic beverages are sold, more than fifty (50) percent of gross income must be derived from the sale of food and non‑alcoholic beverages for consumption on premise for the establishment to be classified as a restaurant.

School: Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.

Self-service storage facility: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods. (Ord. 3611, §1)

Servants' quarters: An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than fifty percent of his or her time, and not rented or otherwise used as a separate domicile.

Setback: The mandatory minimum or maximum distance between a lot line and an elevation of a building or the closest point of a structure that is not a building, unless otherwise indicated.

Side line: Any lot line not a front line or a rear line.

Sorority house: A building maintained exclusively by an incorporated sorority for sorority members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)

Street: A public way that extends primary means of access to abutting properties. No street right‑of‑way in the City of Rolla shall be less than fifty (50) feet in width.

Street, arterial: Those streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic. Minimum right‑of‑way width shall be eighty (80) feet with sixty (60) feet required for an industrial arterial.

Street, collector: A street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.

Street, freeway: A divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.

Street, minor residential:Astreet primarily for access to the abutting properties.

Street width: The horizontal distance between the side lines of a street, measured at right angles to the back of the curb or side lines if no curb exists.

Structure: A building or other object that has been constructed or erected on the ground or attached to or on top of another object or building. Walkways and driveways located on the ground are not considered structures.

Tavern: An establishment where fifty (50) percent or more of gross income is derived from the sale of alcoholic beverages for consumption on premise and where the serving of food and non‑alcoholic beverages, as well as the sale of package liquors, are accessory activities.

Tea rooms: An establishment used primarily for the serving of non‑alcoholic beverages for consumption on premise, with the sale of food as an accessory activity.

Trailer: Any portable or mobile vehicle on wheels, skids, or rollers not structurally anchored to a foundation, either self‑propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used as living quarters or for commercial hauling and/or storage purposes, and herein referred to as a trailer.

Trailer or mobile home park: Any plot of ground where accommodation is provided for two or more trailer coaches or mobile homes used as living or sleeping quarters.

Used car safes yard: An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premises.

Width of side yard: The horizontal distance between that portion of the main building nearest the side property line and the side line of the lot.

Yard: An open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.

Yard, front: A yard extending across the full width of the lot, between the nearest main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the main building to the nearest point of the front lot line.

Yard, rear: A yard extending the full width of the lot, between the nearest main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building to the nearest point of the rear lot line.

Yard, side: An open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as part of the side yard.

Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Ord. 3414; Ord. 3611, §1; Ord. 3748, §1; Ord. 4398, §1; Ord. 4428, Ord. 4488)

Sec. 42-142. General Provisions.

Permitted Uses: Unless otherwise exempt, no building, structure, or land shall be used or occupied or designed for use or occupancy after the effective date of this Article in a way that is not permitted by this Article.
Lot Size, Bulk, and Height Requirements: Unless otherwise exempt, and as of the effective date of this Article, no building or structure or part thereof shall be built, moved, expanded, added to, or enlarged, and no vacant land shall be used or occupied on a lot that does not conform to minimum lot size, lot width, and lot depth requirements.
Buffer-Yard Requirements: All buildings, structures, and uses shall provide and landscape the buffer-yards required under the requirements of this Article. No new construction, including additions, parking construction, and placement or construction of accessory or additional primary structures, shall be permitted in such buffer-yards.
Customary Home Occupations: No home occupation shall hereafter be established, altered, or enlarged in any residential district unless it is allowed as a use and complies with the conditions and restrictions imposed by Section 42-207.
Accessory Structures or Uses: No accessory building, structure, or use, as defined in Section 42-204 shall hereafter be built, moved, established or enlarged unless such accessory building, structure or use is permitted.
Signs: No sign shall be built after the effective date of this Article, and no existing sign shall be moved or remodeled, unless such sign complies, or will thereafter comply, with the restrictions imposed by Division 18.
Off-Street Parking: No building or structure shall be built, added to, expanded, or moved after the effective date of this Article unless the minimum off-street parking spaces are provided on the premises and in accordance with Division 17. Unless otherwise exempted by other provisions of this article, a change of use, an expansion of use, or an increase in a current use’s intensity shall trigger the site to conform to current parking requirements and standards.
Number of structures on a lot: Not more than one principal building shall be located on the same lot in the R-R, R-1, R-2, GI, C-O, C-1, C-2, C-3, CC, M-1 or M-2 zoning districts. In mobile home parks, self-service storage facilities, and in the R-3 and R-3B Multi-Family Districts, any number of buildings or structures may be established on a single lot as long as the other provisions of this or any other Article of the Rolla City Code is satisfied. (Ord. 3493, §1; Ord. 3611, §2)
Zoned Rights-of-Way: No use otherwise authorized in the respective zoning district shall be permitted in the rights-of-way that is not specifically authorized by the City’s rights-of-way regulations, specifically Chapter 36 of the Rolla City Code. Any provision of this Article that refers to being adjacent to, abutting, or within a certain distance of a residential zoning district or property zoned residential does not apply if the adjacent, abutting, or nearby zoning district or property is the City’s rights-of-way. (Ord. 4436, §2)
No Public Water or Sewer: No use, which requires potable water or sewerage disposal to operate, shall be established on a parcel of less than three (3) acres, unless both public water and public sewer are provided. (Ord. 3414; Ord. 3493, §1; Ord. 3611, §2; Ord. 4398, §§3-4; Ord. 4428, §§5-6; Ord. 4436, §§1-2)

Sec. 42-142.1. Zoning Districts.

The City of Rolla shall be divided into fourteen (14) zoning districts, the location and boundaries of which are shown on the Official Zoning Map, which Map is incorporated in this Article by this reference. The districts include:

1. "R R" Rural Residential District: A zone intended to accommodate low intensity residential uses on lots not less than forty thousand (40,000) square feet in area and to permit certain agricultural activities.

2. "R 1" Single Family District: A zone designed to support single family residential development at a maximum density of seven (7) dwelling units per acre.

3. "R 2" Two Family District: A district designed for single family or two-family dwellings (duplex) at a maximum density of ten (10) dwelling units per acre.

4. "R 3" Multi Family District: A zone designed for multi family dwelling units (apartments) with a maximum density of twenty six (26) dwelling units per acre.

5. "R-3b" Multi-Family District: A zone intended to provide medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre.

6. "RMH" Residential Manufactured Home District: A zone intended to provide standards for the development of residential manufactured home subdivisions or parks.

7. "GI" Government and Institutional District: A zone designed for governmental buildings and uses, including public medical facilities and institutions of higher education.

8. "C-O" Office District: A zone intended for low intensity office development and serving as a transition zone from commercial uses to residential uses.

9. "C-1" Neighborhood Business District: A zone established to accommodate individual retail stores and personal service businesses that offer convenience goods and services normally considered a frequent or even daily necessity for residents of an adjoining neighborhood.

10. "C-2" General Retail District: A zone designed for uses that provide community wide personal and business services, small shopping centers and specialty retail shops.

11. "C-3" Highway Commercial District: A zone designed for businesses that provide essential commercial services and support activities of community and regional significance. These uses depend upon high visibility and convenient sites on arterial streets and near highways to accommodate customers or distribute goods.

12. "Center City District": A zone designed to accommodate the existing unique mix of uses and to encourage private investment in the Rolla Central Business District.

13. "M-1" Light Manufacturing District: A zone designed to accommodate less intensive industrial and warehousing uses that are conducted entirely within a building with no outdoor operations, except storage and display.

14. "M-2" Heavy Manufacturing District: A zone intended to accommodate intensive manufacturing uses that may have adverse impacts on nearby property unless properly located and buffered. (Ord. 3414; Ord. 3748, §2)

Sec. 42-142.2. Zoning Map and Rules for Interpretation.

(a) Incorporation of Official Zoning Map by Reference: The City of Rolla is hereby divided into the districts as listed in Section 42-141.2. of this Article and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article. Such map shall be in triplicate originals, each of which shall bear the signature of the Mayor and attestation of the City Clerk and bearing the Seal of the City. One of said originals shall be hung in the office of the Secretary of the Planning and Zoning Commission. It shall be the duty of the Secretary to keep up to date the originals, showing all changes, additions and amendments thereto and maintaining records of the date of passage by ordinance. Regardless of the existence of copies of the Official Zoning Map that from time to time may be published, the Official Zoning Map shall be located in the office of the Secretary of the Planning and Zoning Commission and this map shall be considered the final authority as to the current zoning status of land and water areas in Rolla.

(b) Rules of Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:

Boundaries shown as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines.
Boundaries shown as approximately following platted lot lines shall be construed as following lot lines.
Boundaries shown as following City Limit lines shall be construed as following such City Limits.
Boundaries shown as following railroad lines shall be construed to be midway between the main tracks.
Boundaries shown as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, ponds, or lakes shall be construed to follow such center lines.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs (a) through (e) above, the Board of Adjustment shall interpret the district boundaries.

(c) Classification of Vacated Right-of-Way: Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one property, the zoning district of the host property shall extend to the vacated area. (Ord. 3414)

Sec. 42-142.3. Annexations.

All territory which may hereafter be annexed into the City of Rolla shall be considered zoned in the most restrictive classification consistent with the property use and the Comprehensive Plan unless the City Council or the applicant designates otherwise prior to the annexation. (Ord. 3414)

Sec. 42-142.4. Separability.

It is hereby declared to be the intention of the City Council that the several provisions of this Article are separable, in accordance with the following rules:

(a) If any court of competent jurisdiction shall adjudge any provision of this Article to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Article.

(b) If any court of competent jurisdiction shall adjudge the application of any provision of this Article to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property. (Ord. 3414)

Sec. 42-142.5. Penalties.

Any person violating or failing to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred (300) dollars, per day, for each day of noncompliance. (Ord. 3414)

Sec. 42-142.6. Effective Date.

This Article shall be in full force and effect as Chapter 42, Article III, Rolla City Code, from and after its passage and approval in the manner required by law. (Ord. 3414)

Sec. 42-143. Public Notification Procedures and Land Use Action Fee Schedule.

When any land use action from the list below is proposed through the submittal of an application or initiated by the city or legislative body, the public notification procedures listed below shall be carried out by the Community Development Department at least fifteen days prior to the City Council-held public hearing for such a proposal. The failure to execute any notification procedure that goes beyond what is required by state law does not imply a failure on the City's part to notify the public.

Land Use Actions that Receive Public Notification upon Application
1. Major Subdivisions
2. Planned Unit Developments
3. Conditional Use Permits
4. Map and Text Amendments
5. Appeals to the Board of Adjustment
6. Variances
7. Special Exceptions
8. Use Variances
9. Subdivision Variances
10. Major Amendments to Conditional Use Permits, Site Plans, and Final Development Plans
Public Notification Procedures for the Above-listed Land Use Actions

These procedures listed below shall only be executed when the combined land subject to the land use action (the subject parcel) is less than five percent of Rolla's total size. At five percent of the City's area, the proposal becomes a general land use action that only requires online notification and newspaper notification.

Online Notification: On Rolla's government website and social media, staff shall post the location of the proposal; a description of the proposal; the physical and digital location of relevant documents; and the location, time, and date of the Planning & Zoning Commission meeting and the City Council-held public hearing.

Notification by Yard Sign: Staff shall post a yard sign on each street-facing side of the combined land subject to the land use action. The sign(s) shall convey that a land use action has been proposed and the contact information for the Community Development Department.

Mail Notification: Through postal service, staff shall send an informational packet to the property owners of the subject parcel(s) and those owners of properties located within a 300-foot perimeter (non-rounded parallel lines that are drawn 300 feet from each side) around the subject parcel(s). The informational packet shall include a map that indicates where the subject parcel(s) is/are located and a letter that provides the following information: a description of the proposal; the physical and digital location of relevant case documents; and the location, time, and date of the Planning & Zoning Commission meeting and the City Council-held public hearing. When applicable, the letters shall explain the extraordinary majority requirements described in Section 89.060 of the Revised Statutes of Missouri.

Newspaper Notification: Staff shall post a legal advertisement in an official paper or a paper of general circulation in Rolla. This type of notification must only include the time and place of the City Council-held public hearing and the physical and digital location of relevant case documents. In addition, if space allows, a description and the location of such a proposal shall also be provided.

(Ord. 4401, §§6-7)

Sec. 42-143.1. Fee Schedule for Land Use Actions.

LAND USE ACTION FEE SCHEDULE
Land Use Action Type	Fees
Major Subdivisions	$300
Minor Subdivisions	$100
Lot Consolidations & Reconfigurations	$100
Planned Unit Developments	$475
Conditional Use Permits	$375
Map & Text Amendments (e.g. rezones)	$375
Appeals to the Board of Adjustment	$350
Variances	$350
Special Exceptions	$350
Use Variances	$350
Subdivision Variances	$350
Major Amendments to Conditional Use Permits / Site Plans and to Final Development Plans (for PUD's)	$300

Secs. 42-144 to 42-167. Reserved.

DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT

Sec. 42-168. Purpose of the Rural Residential District.

This District is composed of those areas of the city whose principal use is large lot single-family and agricultural uses. The regulations are designed to ensure harmony between the primary uses of this District. (Ord. 3414)

Sec. 42-168.1. Uses Permitted.

Single family-dwellings with no more than one dwelling per lot.
Golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.
Family child care homes for child, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.
Churches and other places of worship.
Customary home occupations, in accordance with Section 42-207.
Accessory structures and uses, in accordance with Section 42-204.
Residential group homes, in accordance with Section 42-224.
Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.
Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults. (Ord. 3414; Ord. 3517, §2; Ord. 3748, §3)

Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

Parks, camp areas, recreation areas, arenas, or resorts owned by private organizations.
Private utilities.
Nursing homes.
Cemetery on ten (10) acres or more.
Medical institutions, such as hospitals.
Veterinarian services, animal hospitals and kennels.
Customary agricultural activities.
Bed and breakfasts, in accordance with Section 42-235. (Ord. 3414)

Sec. 42-168.3. Area Requirements.

Minimum size of lot:

Area 40,000 square feet

Lot frontage 150 feet at front lot line

Width 150 feet at building line

Maximum percentage of lot that may be occupied by buildings:

All buildings 25 percent

Maximum height of buildings

Three stories and fifty feet

Minimum setback dimensions

Front yard 35 feet measured from front lot line

Side yard 25 feet measured from side lot line

Rear yard 50 feet measured from rear lot line

(Ord. 3414, Ord. 4398, §§5-6)

Secs. 42-169 to 42-170. Reserved.

DIVISION 3. "R-1" SINGLE FAMILY DISTRICT

Sec. 42-171. Purpose of Single Family Residential District.

This District is intended to promote and preserve urban single-family residential development at a maximum density of approximately seven (7) building lots per acre. The principal land use is the single-family dwelling. Certain other uses necessary to serve governmental, educational, religious, recreational and other needs are allowed as conditional uses subject to restrictions intended to protect the single-family character of the District. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities as well as by considering the functional relationship between permitted uses in the District. (Ord. 3414)

Sec. 42-171.1. Uses Permitted.

Single-family dwellings with no more than one dwelling per lot. . Refer to Sec. 42-141 for the definition of "Family". (Ord. 4019, §2)
Churches and other places of worship.
Privately owned and operated golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.
Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.
Customary home occupations, in accordance with Section 42-207.
Accessory structures and uses, in accordance with Section 42-204
Residential group homes, in accordance with Section 42-224.
Family child care homes for children, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.
Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults.

(Ord. 3414; Ord. 3517, §3; Ord. 3748 §3.)

Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning

Commission and the City Council in accordance with Section 42-234.

Private utilities.
Nursing homes.
Cemetery on ten (10) acres or more.
Medical and healthcare services including massage therapy, physician, dentist, chiropractor, optometrist, mental healthcare practitioners, other healthcare practitioners offices, and outpatient care facilities, except animal hospitals, clinics or sanitariums for contagious, mental, drug or liquor addict cases.
Bed and breakfasts, in accordance with Section 42-235.

(Ord. 3414; Ord. 3517, §4; Ord. 3748, §5)

Sec. 42-171.3. Area Requirements.

Minimum size of lot:
Area	6,000 square feet
Lot frontage	40 feet at front lot line
Width	60 feet at the building line.
Maximum percentage of lot that may be occupied by buildings:
All buildings	40 percent for lots under 12,000 sq. ft. in area
All buildings	25 percent for lots over 12,000 sq. ft. in area
Maximum height of buildings
Three stories and fifty feet
Minmum setback dimensions
Front yard	25 feet, measured from front lot line
Each side yard	5 feet, measured from side lot line
Rear yard	10 feet, measured from rear lot line
Corner lots	See Section 42-292.2. Side yards-corner lots

(Ord. 3414; Ord. 3748, § 4; Ord. 4398, §§7-8)

Secs. 42-172 to 42-173. Reserved.

DIVISION 4. "R-2" TWO FAMILY DISTRICT

Sec. 42-174. Purpose of the Two-Family District.

This District is intended to accommodate a variety of housing types, including single family and duplex dwellings at low to moderate residential densities. The Two-Family District is also intended to serve as a transition between the single-family district and the Multifamily District. (Ord. 3414)

Sec. 42-174.1. Uses Permitted.

(1) Any use permitted in the R-1 Single-Family District.

(2) Two-family dwellings.

(Ord. 3414)

Sec. 42-174.2. Conditional uses, as listed in the preceding R-1 Single-Family District, as permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Sorority and fraternity houses. (Ord. 3414)

Sec. 42-174.3. Area Requirements.

Minimum size of lot: 9,000 square feet.

Maximum Number of Bedrooms Permitted: 4 Bedrooms per unit.

Maximum number of occupants per dwelling unit:

Eight (8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front lot line.

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent.

Minimum open space per lot:

Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:

Three stories and fifty feet

Minimum setback dimensions:

Front yard: 25 feet from the front lot line.
Each side yard: 5 feet measured from side lot line.
Corner lot: See Sec. 42-210.2 Side yards – corner lots.
Rear yard: 10 feet from the rear lot line.

(Ord. 3414; Ord. 4019, §3, Ord. 4213, §1; Ord. 4398, §§9-10)

Secs. 42-175 to 42-176. Reserved.

DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

Sec. 42-177. Purpose of the Multi-family District.

The R-3 Multi Family District is intended to support apartment type development at a maximum density of twenty six (26) dwelling units per acre. Developments of this intensity should be established adjacent to and with vehicular access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

Sec. 42-177.1. Uses Permitted.

Uses and conditional uses permitted in any of the foregoing R-1 or R-2 Districts.
Boarding, rooming, and lodging houses.
Child care centers.
Multi-Family dwellings and apartment houses, including efficiency apartments.
Private parking areas.
Private clubs, lodges, fraternities, sororities, and dormitories.
Private schools and academies.
Trailers and mobile homes located in the R-3 Multi-Family District at the date this Article is enacted shall not be considered as non-conforming uses.

(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)

Sec. 42-177.2 Area Requirements.

Minimum size of lot:

Area: 7,500 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units.

Maximum Number of Bedrooms Permitted: 8 Bedrooms per unit.

Maximum number of occupants per dwelling unit:

Eight (8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front lot line.

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent.

Minimum open space per lot:

Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:

Four stories and sixty-four feet.

Minimum setback dimensions:

Front yard: 25 feet from the front lot line.
Each side yard: 5 feet measured from side lot line.
Rear yard: 10 feet from the rear property line.

(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6; Ord. 4019, §4, Ord. 4213, §2; Ord. 4398, §§11-12)

Sec. 42-177.3 Separation and Access to Buildings.

All new development on parcels zoned R-3 Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in the driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

Sec. 42-177.4 Buffer-Yard Requirements.

Whenever any development in an R-3 Multi-Family District is located adjacent to an R-1 Single Family District, a buffer-yard shall be provided in accordance with Section 42-230.6 and meeting the width and landscaping standards for a "Buffer-Yard A". (Ord. 3748, §6)

Sec. 42-177.5 Site Plan Required.

All rezoning requests for R-3 Multi-Family District zoning for parcels one (1) acre in size or greater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1 (b) of the Planning and Zoning Code. (Ord. 3748, §6)

SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

Sec. 42-178 Purpose of the "R-3b" Multi-Family District.

The R-3b Multi-Family District is intended to provide for medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre. Developments of this intensity should be adjacent to and have access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3748, §6)

Sec. 42-178.1 Uses Permitted.

Uses and conditional uses permitted in any of the foregoing R-1, R-2, or R-3 Districts. (Ord. 3748, §6)

Sec. 42-178.2 Area Requirements.

Minimum size of lot:

Area: 10,000 square feet plus 1,500 square feet for each dwelling unit in excess of two (2) dwelling units.

Maximum number of occupants per dwelling unit:

Eight (8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: 75 feet at front lot line.

Width: 75 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent.

Minimum open space per lot:

Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.

Maximum height of buildings:

Three stories and fifty feet.

Minimum setback dimensions:

Front yard: 25 feet from the front lot line.
Each side yard: 5 feet measured from side lot line.
Rear yard: 10 feet from the rear lot line.

(Ord. 3748, §6; Ord. 4019, §5; Ord. 4398, §§13-14)

Sec. 42-178.3 Separation and Access to Buildings.

All development on parcels zoned R-3b Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and off-street parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)

Sec. 42-178.4 Site Plan Required.

All rezoning requests for R-3b Multi-Family District zoning for parcels one (1) acre in size or grater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1(b) of the Planning and Zoning Code. (Ord. 3748, §6)

SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT

Sec. 42-179 Purpose of the "RMH" Residential Manufactured Home District.

The purpose of this district is to establish additional standards for the development and operation of residential manufactured home (mobile home) parks. The standards are intended to encourage affordable and diverse housing opportunities while promoting neighborhood improvement that minimizes conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home spaces) available for lease or rent or the property may be subdivided in accordance with the requirements of ARTICLE II of this Chapter. Regulations pertaining to Trailers and Mobile Home Parks found in Chapter 39, ARTICLES I through II of the Rolla City Code shall be followed where not specifically revised by this Section. (Ord. 3748, §6)

Sec. 42-179.1 Uses Permitted.

Single family attached and detached dwellings on individual lots not less than 8,000 square fee in area.
Manufactured homes for single-family residential occupancy on individual manufactured home spaces of not less than 4,000 square feet.
Recreational facilities for the exclusive use of the occupants of the manufactured home park.
Accessory structures and uses customarily incident to the above uses, which are required for the direct servicing and well-being of park residents and proper management and maintenance of the park, in accordance with Section 42-204.
Customary home occupations, in accordance with Section 42-207.
Outdoor storage areas, including storage areas for recreational vehicles. Such areas shall be screened from adjoining uses and shall occupy, in total, not more than five (5) percent of the area of the manufactured home park. Use of such storage area shall be limited to the occupants of the manufactured home park. (Ord. 3748, §6)

Sec. 42-179.2 Area Requirements.

Minimum size of lot:

Area:	4,000 square feet for each manufactured home.
Width:	45 feet at the building line.

Maximum percentage of space coverage for each manufactured home:

Individual manufactured home:

30 percent of the manufactured home space.

Maximum separation between manufactured homes:

Manufactured homes shall be separated from each other and from other buildings or structures by at least fifteen (15) feet; provided that manufactured homes placed end-to-end shall have a clearance of ten (10) feet where opposing rear walls are staggered.

Minimum setbacks:

All manufactured homes shall be located at least ten (10) feet from any park boundary line abutting a public or private street, or parking area, and at least twenty (20) feet from all perimeter park boundary lines not abutting a public or private street or parking area.

(Ord. 3748 §6)

Sec. 42-179.3 Skirting.

All manufactured homes shall be skirted within thirty (30) days of occupancy. The skirting shall be done so that it is compatible with the manufactured homes unit's exterior materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting unless finished with weatherproof and termite proof materials. (Ord. 3748, §6)

DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT

Sec. 42-180. Purpose of the Government and Institutional District.

The Government and Institutional District is established to apply to those lands where federal, state, or local government activities are conducted and where the government holds title to such lands, and to major public educational, medical, and recreational facilities. The District is also intended to classify land that is vacant but has been designated for activities listed above in an adopted plan. (Ord. 3414)

Sec. 42-180.1. Uses Permitted.

(1) Governmental buildings and uses.

(2) Hospitals and related buildings and uses, such as medical offices, clinics, etc.

(3) Medical and dental laboratories and research facilities, not including the manufacture of pharmaceutical or other products for sale or distribution, provided no toxic substances, explosives, radioactive material, highly flammable substances or other materials that pose a threat to the public health and safety, due to their quantities or location, are used in the research operations.

(4) Stadiums, auditoriums, arenas, convention and cultural centers owned by a governmental or quasi-governmental entity.

(5) Public parks and recreation areas.

(6) Athletic clubs, fitness centers and indoor sports facilities.

(7) Cemeteries.

(8) Art galleries, libraries and museums.

(9) Colleges and universities, public schools - elementary and secondary.

(10) Public service and public utility uses, including central power or lighting plant.

(11) Accessory structures and uses, in accordance with Section 42-204.

(Ord. 3414)

Sec. 42-180.2. Area Requirements.

Government and institutional buildings or uses in existence at the time the district is mapped shall be considered conforming uses.

Minimum size of lot:

Area: No maximum or minimum requirements.

Lot frontage: No minimum requirements.

Maximum lot coverage:

All buildings: Eighty (80) percent, not less than twenty (20) percent of the total lot area shall be devoted to open space, excluding parking lots or other paved areas and building sites.

Maximum height: No maximum or minimum requirements.

Minimum setbacks: None.

(Ord. 3414)

Secs. 42-181 to 42-182. Reserved.

DIVISION 7. "C-O" OFFICE DISTRICT

Sec. 42-183. Purpose of the Office District.

The C-O District is designed to be a restrictive district for low intensity office or professional uses to allow their location near any residential district without creating an adverse effect. (Ord. 3414)

Sec. 42-183.1. Uses Permitted.

(1) All uses and conditional uses permitted in any residential district, excluding veterinarian services, animal hospitals, customary agricultural activities.

(2) Offices for professional and business use involving the sale or provision of services, but not the sale or rental of goods, including but not limited to:

(A) Accountant, appraiser, architects, brokers, engineers, insurance agents, interior decorators, landscape architects, lawyers, realtors, travel agency and similar types of professional uses.

(B) Artists, sculptors, photographers.

(D) Physicians, dentists, chiropractors, or other licensed medical practitioners, excluding facilities where significant diagnostic or out patient surgery is performed as normally associated with a clinic or hospital.

(E) Teachers of private lessons in art, music or dance.

(F) Museums, libraries, galleries and exhibit halls.

(G) Administrative offices of a single organization or by a single professional organization or society.

(Ord. 3414)

Sec. 42-183.2 Area Requirements.

Minimum size of lot:
Area	6,000 square feet
Lot frontage	60 feet at front lot line
Width	60 feet at building line
Maximum percentage of lot that may be occupied by buildings:
All buildings	40 percent
Maximum height of buildings
Three stories and thirty-six feet
Minimum setback dimensions
Front yard	25 feet measured from front lot line
Side yard	5 feet measured from side lot line
Rear yard	10 feet measured from rear lot line

(Ord. 3414; Ord. 4398, §§15-16)

Secs. 42-184 to 42-185. Reserved.

DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT

Sec. 42-186. Purpose of the Neighborhood Business District.

This District is intended for uses that provide convenience goods or personal services primarily to people residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood sales and service uses permitted in this District. This District is designed to accommodate compact, freestanding commercial buildings or to function as a transition between more intense commercial uses and residential neighborhoods. Commercial uses permitted in this District are generally required to conduct business activities indoors. Because the permitted retail and personal service uses may be an integral part of the neighborhood, more restrictive requirements for light, air, open space, and building design are made than are provided in other commercial districts. This District should be located along or at the intersections of a collector or higher classification streets. (Ord. 3414)

Sec. 42-186.1. Uses Permitted.

Conditional uses permitted in the R- 1 Single Family District.
Any residential dwellings that exist in the C- l District at the date this ordinance is enacted.
Antique shops
Banks and financial institutions including automatic teller machines and drive-in facilities.
Books or stationery stores.
Community and family fitness centers.
Child care centers.
Churches and other places of worship.
Offices and office buildings, administrative, business, finance, medical and professional uses.
Personal service establishments including beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices and hearing aid and eye glass shops.
Commercial photography establishments.
Private parks, playgrounds, and golf courses, excluding miniature golf courses and driving ranges.
Restaurants and coffee shops, excluding drive-in facilities and on-site sales or consumption of alcoholic beverages.
Retail or service establishments for the following types of stand-alone uses: bakery, candy, dairy products, flowers, gifts, jewelry, hobby materials, meat, fish and poultry products, newsstands, pet grooming, toys, and video rental or sales, excluding drive-in facilities.
Studios; art, music, drama, reducing, dancing, interior decorating.
Tailor shops.
Shops dealing in customized clothing, including silk screening, iron-on transfers and all uses incidental thereto.
Accessory structures and uses, in accordance with Section 42-204.
Boarding, rooming, and lodging houses.
Those conditional uses listed below that exist in the C-1 District at the date this Article is enacted shall not be considered non-conforming uses.

(Ord. 3414; Ord. 3517, §5)

Sec. 42-186.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council, in accordance with Section 42-234.

Pharmacies.
Commercial greenhouses, nurseries and garden stores.
Community treatment center.
Grocery stores
Wearing apparel and/or shoe stores
Hardware stores.
Print shops, photocopying.
Veterinarian services, animal hospitals, customary agricultural activities.
Trailers and mobile homes for residential use only, excluding sales and service (see Section 39 "Trailers and Mobile Homes").

(Ord. 3414)

Sec. 42-186.3. Area Requirements.

Minimum size of lot:
Area	6,000 square feet
Lot frontage	60 feet at front lot line
Width	60 feet at building line
Maximum percentage of lot that may be occupied by buildings:
All buildings	40 percent
Maximum height of buildings
Three stories and fifty feet
Minimum setback dimensions
Front yard	10 feet measured from front lot line
Side yard	5 feet measured from side lot line
Rear yard	10 feet measured from rear lot line

(Ord. 3414; Ord. 4398, §§17-18)

Sec. 42-186.4. Buffer-Yard Requirements.

Whenever any development in a C-1 Neighborhood Business District is located adjacent to a residential, office, government or PUD zoning district, screening and buffer yards shall be provided in accordance with Section 42-231. (Ord. 3414)

Secs. 42-187 to 42-188. Reserved.

DIVISION 9. "C-2" GENERAL RETAIL DISTRICT

Sec. 42-189. Purpose of the General Retail District.

This District is intended for uses that provide community-wide personal and business services, shopping centers and specialty shops which depend upon high visibility, generate high traffic volumes or cater to the traveling public. The District is also intended for on-site production of hand crafted items in conjunction with retail sales. No un-screened outside display of merchandise is permitted, except where indicated. Commercial uses permitted in this District are generally required to conduct business activities indoors. The need for community-wide accessibility dictates that this district be located along or at the intersection of two or more arterial or higher classification streets. (Ord. 3414)

Sec. 42-189.1. Uses Permitted.

(1)        Any use or conditional uses permitted in the foregoing C‑l District, including existing single‑family and two‑family residential uses.
(2)        Any conditional use permitted in the R‑R District.
(3)        Athletic clubs.
(4)        Auto repair, body and paint shops, radiator repair.
(5)        Auto laundries or car/truck wash establishments.
(6)        Automobile sales and service, including tire sales, and rental of new or used vehicles (outside display permitted).
(7)        Automobile service stations or garages, including sales of petroleum products.
(8)        Automobile parts and accessory stores, including installation and repair.
(9)        Boat and marine sales and service.
(10)      Bowling alleys.
(11)      Cold storage and self or mini‑storage facilities.
(12)      Drive‑in, pick‑up, and drive‑through restaurants.
(13)      Funeral homes, excluding crematoriums.
(14)      Furniture and/or appliance stores (new and used), sales and service, including rentals.
(15)      Heating and air‑conditioning sales and service, including customized sheet metal fabrication as an accessory activity.
(16)      Hotels and motels, and hotel apartments.
(17)      Medical equipment and supplies sales and rental.
(18)      Medical Marijuana Dispensary Facility.
(19)      Miniature golf courses and driving ranges.
(20)      Monument sales, retail dealers (outside display permitted).
(21)      Parking garages, commercial.
(22)      Pest control services.
(23)      Pet shops, animal hospitals, clinics and kennels.
(24)      Plumbing shops.
(25)      Printing, publishing, book binding, and photo‑processing, including drive‑through facilities.
(26)      Produce market, retail (outside display permitted).
(27)      Radio‑TV. repair shops.
(28)      Recreation vehicle or mobile home sales or service (outside storage permitted).
(29)      Restaurant, on‑site sales and consumption of alcoholic beverages permitted.
(30)      Retail stores and other shops for custom work or making of articles to be sold at retail on the premises.
(31)      Retail establishments which provide supplies and/or services primarily to commercial and industrial customers, such as janitorial services, packaging and shipping service, locksmith services, lithographing and engraving, and blueprinting businesses.
(32)      Recording studios.
(33)      Second hand goods store and pawn shops.
(34)      Second hand or used car sales yard, not including wrecking and repairing (outside display permitted).
(35)      Skating rinks, swimming pools, gymnasiums, commercial.
(36)      Sporting goods sales.
(37)      Store and restaurant fixture sales.
(38)      Taxi and limousine transportation services.
(39)      Reserved. (Ord. 4470, §2)
(40)      Theaters, motion picture and performing arts.
(41)      Tobacco product sales.
(42)      Water, bottled, sales.
(43)      Video game arcades.
(44)      Seasonal businesses; such as fire works stands, Christmas tree lots, snow cone vendors, and similar outlets that are temporary uses.
(Ord. 3414; Ord. 3566, §1; Ord. 4470, §2; Ord. 4488, §2)

Sec. 42-189.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1)     Bars, cocktail lounges, and night clubs (including dance halls).
(2)     Billiard or pool halls.
(3)     Convenience stores, with or without gas pumps.
(4)     Package liquor stores.
(5)     Cabinet or carpentry shop.
(6)     Advertising services (sign shop).
(7)     Laboratories, offices and other facilities.
(8)     Medical Marijuana Testing Facility.
(Ord. 3414, Ord. 4488, §3)

Sec. 42-189.3. Area Requirements.

Minimum size of lot:
Area	6,000 square feet
Lot frontage	60 feet at front lot line
Width	60 feet at building line
Maximum percentage of lot that may be occupied by buildings:
All buildings	40 percent
Maximum height of buildings
Four stories and sixty-four feet
Minimum setback dimensions
Front yard	10 feet measured from front lot line
Side yard	0 feet measured from side lot line
Rear yard	10 feet measured from rear lot line

(Ord.. 3414; Ord. 4398, §§19-20)

Sec. 42-189.4 Buffer-Yard Requirements.

Whenever any development in a C-2 general retail district is located adjacent to a residential, office, government or PUD zoning district, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)

Secs. 42-190 to 42-191. Reserved.

DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT

Sec. 42-192. Purpose of the Highway Commercial District.

This District is intended for business uses which provide essential commercial services and support activities of community and regional significance that require high visibility and may have higher environmental impacts in terms of noise, dust, glare, etc. which may make them incompatible with office or some retail uses. This District is also intended for businesses that combine wholesale, retail, and light manufacturing (assembly) functions on site. Merchandise may be displayed outside without screening. This District is also intended to function as a transition between industrial development and strictly commercial development. (Ord. 3414)

Sec. 42-192.1. Uses Permitted.

Any use or conditional uses permitted in any of the foregoing C 1 or C 2 Districts.
Agriculture implements sales and service, agri businesses.
Sexually oriented businesses, as defined in Chapter 29 of the Rolla City Code, provided such uses are prohibited within the area circumscribed by a circle which has a radius of seven hundred fifty (750) feet, as measured by a straight line drawn from the lot line of any proposed sexually oriented business, to any residential zoning district, school, park, or church.
Auction sales, flea markets and swap meets, permanent location; livestock sales not permitted
Archery and firearms ranges, commercial.
Battery shops, sales and service.
Builder's supply and lumber yards.
Bus stations.
Bottling plants.
Carpet cleaning.
Contractor's equipment, sales and service
Commercial laundry, dry cleaning, linen and towel or diaper supply service
Crematoriums
Dairy supply dealers
Dry ice storage.
Engine and transmission repair and rebuilding.
Electrical equipment repairs, sales and parts distribution.
Feed stores, no manufacturing or grinding or mixing of feed.
Frozen food lockers.
Glass and mirror sales.
Landscape company, sales and service.
Magazine and newspaper, printing and distribution agency.
Road machinery, heavy equipment and tools, sales and rental service.
Storage warehouses and baggage transfers.
Tire repair and recapping
Tattoo and/or body piercing parlors, palm reading, and fortune telling establishments.
Wholesale operations, sales office/warehouse combination.

(Ord. 3414; Ord. 3493, §3; Ord. 3611, §3)

Sec. 42-192.2. Conditional Uses.

In accordance with Division 16 of this Article and with the issuance of a Conditional Use Permit, the following uses are permitted in the C-3 zoning district.

Advertising services
Bus terminals, maintenance shops
Cabinet or carpentry shops
Canvas goods shops, tents and awnings, manufacture, sales and rental
Concrete batching or transit mix plant (temporary use only)
Irrigation sales and services
Laboratories, offices and other facilities for research, basic and applied
Private utilities
Produce markets, wholesale.
Medical Marijuana-Infused Products Facility

(Ord. 4414, §3; Ord. 4488, §4)

Sec. 42-192.3. Area Requirements.

Minimum size of lot:
Area	6,000 square feet
Lot frontage	60 feet at front lot line
Width	60 feet at building line
Maximum percentage of lot that may be occupied by buildings:
All buildings	40 percent
Maximum height of buildings
Four stories and sixty-four feet
Minimum setback dimensions
Front yard	10 feet measured from front lot line
Side yard	0 feet measured from side lot line
Rear yard	10 feet measured from rear lot line

(Ord. 4414, §§ 4-6)

Sec. 42-192.4. Buffer-Yard Requirements.

Whenever any development in a Highway Commercial District is located adjacent to a residential, office, government, or PUD District, screening and buffer-yard shall be provided in accordance with Section 42-230 through Section 42-230.8. (Ord. 3414; Ord. 4414, §§7-8)

Sec. 42-193. Reserved.

DIVISION 11. "CC" CENTER CITY DISTRICT

Sec. 42-194. Purpose of the Center City District.

The CC District is intended to be a mixed-use district that accommodates a variety of residential and commercial uses. It is intended to address the unique character of Rolla's traditional Central Business District, an area that developed early in the City's history, generally encompassing both sides of Rolla and Pine Streets between 6th and 12th Streets, and does not display the features of modern suburban development. This district is designed to support the transition that must occur if the CBD is to experience revitalization. (Ord. 3414; Ord. 3493, §4)

Sec. 42-194.1. Uses Permitted.

(1)     Any use or conditional uses permitted in the foregoing GI and C‑3 Districts, except trailers or mobile homes.
(2)     Accessory structures and uses, in accordance with Section 42‑204.
(3)     Accessory residential uses, either to the rear or above the first floor of a building used for permitted business activities.
(4)     Medical Marijuana Dispensary Facility.
(Ord. 3414, Ord. 4488, §2)

Sec. 42-194.2. Area Requirements.

Minimum size of lot:
No minimum

Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.

Lot frontage: No minimum

Width: No minimum.

Maximum percentage of lot that may be occupied by building footprint:
100 percent.

Maximum height of buildings:
No maximum

Minimum setback dimensions:
(a)Front yard: None
(b)Each side yard: None
(d)Rear yard: None

Minimum parking requirements:
None, except for new construction where sufficient land area exists to allow the provision of adequate parking consistent with the requirements of this Article.

(Ord. 3414; Ord. 3611, §4; Ord. 4019, §6)

Sec. 42-195. Reserved

DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT

Sec. 42-196. Purpose of the Light Manufacturing District

This District is intended to allow industrial operations and activities that do not create applicable nuisances or hazards. Industrial operations and activities are permitted as long as they do not have an adverse impact on neighboring properties resulting from dust, fumes, noxious odors, glare, vibration, or other atmospheric influence. M-1 light manufacturing activities are generally conducted inside a building, although related outdoor storage and display is permitted. (Ord. 3414)

Sec. 42-196.1 Uses Permitted.

(1)        All of the uses listed under Section 42-192.1, except for item "1".
(2)        Advertising services (sign shop)
(3)        Agri‑businesses.
(4)        Asphalt storage.
(5)        Blacksmithing.
(6)        Broom manufacturing.
(7)        Builders supply, hardware and lumberyards.
(8)        Bus terminals, maintenance shops.
(9)        Cabinet or carpentry shops.
(10)      Candle manufacturing.
(11)      Canvas goods shops, tents and awnings, manufacture, sales and rental.
(12)      Carpet cleaning.
(13)      Child care centers.
(14)      Clothing, footwear, and leather goods manufacturing.
(15)      Cold storage plants.
(16)      Concrete batching or transit mix plant (temporary use only).
(17)      Construction materials manufacturing and storage.
(18)      Heavy machinery, including diesel engine, repairs.
(19)      Egg storage, candling or processing plants.
(20)      Electronic component manufacture and assembly.
(21)      Food products processing, storage, and distribution (except uses listed under the M‑2 District).
(22)      Freight terminals.
(23)      Furniture packing and crating.
(24)      Hatchery, fish or fowl.
(25)      Ice manufacturing.
(26)      Insulation applicator.
(27)      Irrigation sales and service.
(28)      Laboratories, offices and other facilities for research, basic and applied.
(29)      Live stock sales.
(30)      Lumber mills and storage.
(31)            Machine shops.
(32       Mattress and bedding manufacturer and renovator.
(33)      Magazine and newspaper printing.
(34)      Monument manufacture.
(35)      Motor freight terminals and depots.
(36)      Oil well equipment service, supply and storage.
(37)      Pharmaceutical manufacture.
(38)      Paper products manufacturing.
(39)      Plastic processing and converting.
(40)      Prefabricated house manufacture.
(41)      Printing, publishing, book binding.
(42)      Private utilities.
(43)      Produce markets, wholesale.
(44)      Sash and door manufacturing.
(45)      Seed storage and warehousing.
(46)      Sheet metal work shops.
(47)      Spray painting.
(48)      Store and restaurant fixture manufacturing.
(49)      Storage of baling or rags.
(50)      Textile manufacturing.
(51)      Welding shops, industrial equipment and supply sales.
(52)      Wholesale operations, sales office/warehouse combination.
(53)      Accessory structures and uses, in accordance with Section 42‑ 204.
(54)      Medical Marijuana Cultivation Facility; Medical Marijuana-Infused Products Facility.
(Ord. 3414; Ord. 4414, §10; Ord. 4488, §5)

Sec. 42-196.2. Industrial Environmental Standards.

Businesses located in the M-1 Light Industrial District shall meet the following environmental standards to remain conforming uses:

The emission of smoke, gases, particulate matter shall comply with the standards contained in the Air Quality Standards and Air Pollution Control Regulations for outstate Missouri as published by the Missouri Air Conservation Commission.
No hazardous waste, as defined and published in the list maintained by the Missouri Hazardous Waste Management Commission, shall be generated, unless such waste is limited to less than one hundred (100) kilograms of hazardous waste in one (1) calendar month. If the industry meets this small quantities test, it shall handle those wastes in a accordance with the published rules of the Missouri Hazardous Waste Management Commission.
The noise level at any point along the property line shall not exceed standards established by the U.S. Department of Housing and Urban Development Noise Assessment Guidelines. Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured in compliance with standards prescribed by the American Standards Association.
Certification shall be provided by the Fire Chief that all manufacturing, storage, and waste handling processes on the site shall meet the safety and environmental standards of the National Fire Code. (Ord. 3414)

Sec. 42-196.3. Area Requirements.

Minimum size of lot:
Area: 10,000 square feet.
Lot frontage: 100 feet at front lot line.
Width: 100 feet at building line.

Maximum percentage of lot that may be occupied by building:
All buildings: 85 percent
Maximum height of buildings:
No maximum

Minimum setback dimensions:
Front yard: 35 feet measured from front lot line.
Side yard: 10 feet measured from side lot line.
Rear yard: 20 feet measured from rear lot line.

(Ord. 3414; Ord. 3493, §5; Ord. 3611, §5)

Sec. 42-196.4. Buffer-Yard Requirements.

Whenever any development in an M-1 light manufacturing district is located adjacent to a residential, office, government, commercial, or PUD zoning district, screening and buffer yard shall be provided in accordance with Section 42-231. (Ord. 3414)

Sec. 42-197. Reserved.

DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT

Sec. 42-198. Purpose of the Heavy Manufacturing District

This District is intended for heavy industrial uses and other uses not otherwise provided for in the light manufacturing district. The intensity of uses permitted in this District makes it necessary to separate it from residential districts wherever possible with good accessibility provided to rail and highways. (Ord. 3414)

Sec. 42-198.1. Uses Permitted.

(1)        Any use permitted in the M-1 light manufacturing district.
(2)        Aluminum manufacture.
(3)        Asphalt manufacture or refining.
(4)        Blast furnaces.
(5)        Boiler making, repairing and boiler works.
(6)        Brick, tile, pottery or terra cotta manufacturing.
(7)        Canning or preserving manufacture.
(8)        Celluloid or similar cellulose material manufacture.
(9)        Cement, lime, gypsum or plaster manufacturing.
(10)      Central power or lighting plant.
(11)      Concrete products manufacturing.
(12)      Cooperage works.
(13)      Corrugated metal manufacture.
(14)      Cotton baling, compressing or ginning.
(15)      Cotton storage, open.
(16)      Cotton seed products manufacturing.
(17)      Curing, tanning or storage of hides.
(18)      Die casting manufacture.
(19)      Distillation of bones, coal or wood.
(20)      Dye stuff manufacture.
(21)      Electroplating.
(22)      Emery cloth and sandpaper manufacture.
(23)      Fat rendering.
(24)      Feed grinding and processing.
(25)      Fertilizer manufacture.
(26)      Flour mills.
(27)      Forge plants, foundry or smelter.
(28)      Galvanizing.
(29)      Glue or gelatin manufacture.
(30)      Match manufacture.
(31)      Milling, custom.
(32)      Oil cloth and linoleum manufacture.
(33)      Paint manufacture.
(34)      Paper and rag processing and storage.
(35)      Paving plants.
(36)      Railroad roundhouse, shops, and yards.
(37)      Refrigerator manufacture.
(38)      Rubber products manufacture or treatment.
(39)      Salt works.
(40)      Sand blasting.
(41)      Septic tank service.
(42)      Shoe polish manufacture.
(43)      Soap manufacture.
(44)      Soda and compound manufacture.
(45)      Steel fabrication plants.
(46)      Stone cutting.
(47)      Tank manufacture.
(48)      Reserved. (Ord. 4470, §2)
(49)      Tile roofing manufacture.
(50)      Wool pulling or scouring.
(51)      Yeast plants.
(Ord. 3414; (Ord. 4470, §2)

Sec. 42-198.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-231.

Arsenals and munitions storage or manufacture.
Manufacture and bulk storage of flammable liquids or gases for wholesale, subject to the provisions of the National Fire Codes.
Scrap or salvage yards, including automobile wrecking or salvage yards.
Bleaching powder or chlorine manufacture.
Hazardous chemical manufacture, creosote treatment or manufacture, disinfectant and insecticide manufacture, poisonous gases, tar distillation, acid and ammonia production .
Coal yards, oil compounding, barreling or reclamation plants.
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous substances from off-site sources and radioactive substances.
Permanent storage or disposal of hazardous substances (as defined under the Federal Resource Conservation and Recovery Act, Subpart D, 40 C.F.R. 261.30; 261.31; 261.32; 261.33), industrial and municipal sludge.
Processing, reprocessing and storage of PCB containing oils.
Quarries and mining operations.
Landfill operations, including waste compacting and incineration.
Mixing plant-paving materials.
Asphalt manufacture/refining.

(Ord. 3414)

Sec. 42-198.3. Permitted and conditional uses in the M-2 (Heavy Manufacturing District shall comfy with Section 42-195.2.

Sec. 42-198.4. Area Requirements.

Minimum size of lot:
Area	25,000 square feet
Lot frontage	100 feet at front lot line
Width	100 feet at building line
Depth	250 feet from front lot of line
Maximum height of buildings
No maximum
Minimum setback dimensions
Front yard	35 feet measured from front lot line
Side / rear yards	20 feet from side / rear lot line 100 feet if adjoining a residential zoning district

Sec. 42-198.5. Buffer-Yard Requirements.

Whenever any development in an M-2 heavy manufacturing district is located adjacent to a residential, commercial, government, PUD, or M-1 zoning district, screening and buffer- yard shall be provided in accordance with Section 42-231. (Ord. 3414)

Secs. 42-199 to 42-200. Reserved.

DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT

Sec. 42-201. Purpose of the Planned Unit Development District.

The intent of the Planned Unit Development (PUD) District is to encourage more creative, flexible, and imaginative land development than is possible under conventional zoning regulations. It is intended to permit, upon the approval of a Development Plan and subject to the procedures and standards in this Division, the creation of PUD Districts for any type of land use.

The suitability of each tract considered for PUD District designation shall be determined in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water and sewerage service, schools, parks, and other public requirements, and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.

The procedures and standards herein established are intended to replace protections for substantive regulations in recognition that traditional density, bulk, spacing and use regulations, which may be useful in protecting developed areas, may impose inappropriate and unduly rigid restrictions on the development or redevelopment of parcels which lend themselves to an individual, planned approach. Approval of a PUD should promote the following goals:

Implementation of the Rolla Comprehensive Plan.
Efficient use of land that will protect and preserve, where possible, natural features of the land such as mature trees, streams, and topographic features.
Harmonious and coherent site and building design that create a sense of place.
Direction of development to areas where existing public transportation facilities, utilities, and pubic services are adequate; provided that the applicant may make provision for such facilities or utilities which are not presently available. (Ord. 3414)

Sec. 42-201.1. Effect of PUD District Approval.

The approval of a PUD District shall constitute an amendment to the zoning ordinance. Designation of a parcel as a PUD District shall supersede all existing and prior zoning classifications and requirements. Requirements, such as density, bulk, spacing and use regulations, may vary from, and be more or less restrictive, than the prior zoning classification. Such property shall for zoning purposes be identified as a PUD on the zoning map. (Ord. 3414)

Sec. 42-201.2. Uses and Densities Permitted.

The Development Plan and application shall specify for the entire project and/or for sub-areas within a project, those permitted primary and accessory uses and development densities. The City Council may include or exclude uses or attach conditions to achieve the intent of these regulations. The Council may consider land use compatibility and relationships between uses in the project area, outside the project area in relation to the PUD District, and the appropriateness of permitted uses given their impact on the entire community. (Ord. 3414)

Sec. 42-201.3. Application and Fee.

Prior to submitting an application and fee, the applicant may provide a sketch plan. However, in order to initiate the review process for the approval of a PUD District designation and the accompanying Development Plan, the applicant, who may be the property owner(s) or any person having a contractual interest in the subject property, or an agent of the applicant must submit a PUD application, a Preliminary Development Plan, and the PUD application fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 4401, §10-11)

Sec. 42-201.4. Procedure.

Applications for a PUD District shall be evaluated using the following review process:

(a) Sketch plan.

(b) Preliminary Development Plan.

(Ord. 3414)

Sec. 42-201.5. Sketch Plan.

A sketch or concept plan may be provided prior to filing a Preliminary Development Plan for review by the Community Development Director and other City department heads. (Ord. 3414; Ord. 3493, §6)

Sec. 42-201.6. Preliminary Development Plan Purpose and Intent.

The Preliminary Development Plan is intended to provide the applicant with the opportunity to submit information showing the basic concept, character and nature of the entire proposed PUD District without becoming involved in the preparation of a detailed plat or engineering drawings. It permits the developer to proceed with some assurance that a Final Development Plan will be approved. Developers may elect to forgo the Preliminary Development Plan step. Final Development Plans, however, must contain the same information required for Preliminary Development Plans.

Approval of a Preliminary Development Plan binds the applicant and the City with respect to the following development constraints:

(a) Categories of permitted uses;

(b) Overall maximum density of residential uses and intensity of non-residential uses;

(d) General location and extent of public and private open space;

(e) General location of residential and non-residential land uses; and

(f) Phasing of development, if appropriate.

(Ord. 3414)

Sec. 42-201.7. Preliminary Development Plan Application.

Five (5) copies of the completed Preliminary Development Plan application shall be submitted in a form and containing such information as shall be prescribed by the Community Development Director in written rules, but shall in all instances contain at least the following information which shall, taken together, constitute a Preliminary Development Plan:

The applicant's name, address, phone number, and interest in the subject property;
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application;
The names and addresses of all professional consultants advising the applicant with respect to the proposed PUD.
The legal description of the subject property and a survey, certified by a registered land surveyor, showing property lines and dimensions; all easements and rights-of-way, any part of which affects the subject property; and a statement that all necessary easements can be obtained; and
One (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet delineating the existing and proposed physical site characteristics of the site and adjacent property, including:
1. Topography at contours not more than five (5) feet;
2. Slopes of ten (ten) percent or more;
3. Property boundary lines and dimensions; existing buildings; existing utilities; easements, roadways, rail lines and other public rights-of-way crossing or adjacent to the property;
4. Water courses, drainage ways, sinkholes, ponds, lakes, marshes or flood plains, including the 1 00-year flood plain, where applicable;
5. A generalized depiction of the vegetation and tree cover, particularly the location of mature trees, and other significant natural features;
The (1) or more maps at a scale of not less than one (1) inch to two-hundred (200) feet and/or a written statement of the proposed PUD describing the following:
1. The present zoning classification, existing land use and proposed land use describing the types and location of land use in each area of the development;
2. The proposed traffic circulation system illustrating external and internal traffic ways related to the development, showing the location of proposed rights-of-way and other transportation improvements with any proposed access restrictions. The City Council may impose standards and restrictions as are needed to protect the integrity and function of the City's thoroughfare system and to insure the safe and efficient circulation of vehicles and pedestrians within the district;
3. A generalized layout and description of proposed utility service, including storm water management systems;
4. Proposed landscaping for the development, including required buffer areas and other open spaces;
5. Information pertaining to the size, location, illumination, and relation to surrounding uses of signs within the proposed development.
A tabulation of the following information:
1. The total number of dwelling units proposed by type of structure, if appropriate;
2. The total land area, expressed in acres and as a percent of the total development area for each land use by type of structure, for streets and other public or common areas, and for off-street parking and loading areas; and
3. The number of off-street parking and loading spaces for each type of land use.
A phased PUD that extends beyond a single construction season shall include a development schedule stating the approximate beginning and completion date, the proportion of total open space to be provided, and the proportion of land uses to be constructed during each phase. All public improvements required for each phase shall be completed in sequence assuring adequate service for the PUD.
Evidence that the applicant has sufficient control over the subject property to complete the proposed PUD. Evidence would include a statement of all legal, beneficial, tenancy, and contractual interests held in or effecting the subject property. (Ord. 3414)

Sec. 42-201.8. Effect of Preliminary Development Plan Approval.

A Preliminary Development Plan, having been reviewed and approved by the Planning and Zoning Commission, shall not be modified, revoked, or otherwise altered pending the approval of a Final Development Plan by any action of the City without consent of the applicant. The applicant shall proceed to file a Final Development Plan, in accordance with the provisions in the following Section, with the Planning and Zoning Commission. (Ord. 3414)

Sec. 42-201.9. Final Development Plan Purpose and Application.

The Final Development Plan is intended to particularize, refine and implement the Preliminary Development Plan. The application for Final Development Plan may include the entire area included in the approved Preliminary Development Plan or one or more phases thereof in accordance with the phasing schedule as part of the Preliminary Development Plan. The application shall contain a plan which is in substantial conformity with the Preliminary Development Plan. Additional information shall be provided as prescribed by the Planning and Zoning Commission or City Council, but shall in all cases include the information and documentation found in the Preliminary Development Plan, and:

A legal description of the property for which the Final Development Plan approval is sought;
If necessary, a subdivision plat that includes a survey of the entire property certified by a registered land surveyor shall be submitted. Plats shall be in compliance with the Rolla subdivision regulations;
A Landscape Plan that specifies the design, description and arrangement of required landscaping for all areas, including materials and techniques used in accordance with Section 42-201.12. The articles of incorporation and by-laws of the private organization charged with maintaining the open space and buffer yards, if appropriate, shall be provided, in accordance with Section 42-302;
Copies of any restrictive covenants that are to be recorded with respect to the property included in the Final Development Plan;
Development plans, indicating placement of water mains, sanitary and storm sewers, gas, electric and telephone lines, and related facilities
A statement summarizing all changes which have been made in any document, plan, or data previously submitted, together with revised copies of any such document, plan, or data, if appropriate;
Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the PUD and of the establishment of any entity that is responsible for the management and maintenance of any public or private open space or buffer yard;
All certificates, seals and signatures required for the dedication of land and the recording of documents;
Such other information as the Planning and Zoning Commission and City Council shall find necessary to a full consideration of the entire PUD or any phase thereof.

If the Planning and Zoning Commission finds that there is substantial conformity between the Preliminary and Final Plans, including the provisions of this Article and all other federal, state, or city codes, it shall recommend approval of the Final Development Plan with any conditions imposed by such recommendation. (Ord. 3414; Ord. 3493, §6)

Sec. 42-201.10. Substantial Conformity Defined.

A Final Development Plan shall be deemed to be in substantial conformity with an approved Preliminary Development Plan if it:

Does not increase maximum density approved in the Preliminary Development Plan more than five (5) percent;
Does not increase the maximum height of any structure by more than five (5) percent,
Does not decrease by more than five (5) percent the area approved for open space or change the general location of such areas;
Does not alter the approved traffic circulation elements that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding land uses and circulation systems;
Does not significantly alter the arrangement of land uses within the PUD;
Does not violate any provision of the codes and ordinances applicable to the proposed PUD; and
Does not depart from the Preliminary Development Plan in any manner which the Planning and Zoning Commission and City Council shall, based on the stated findings and conclusions, determine to materially alter the development concept for the proposed PUD. (Ord. 3414)

Sec. 42-201.11. Effect of Final Development Plan Approval and Amendments.

Upon Final Development Plan approval by the City Council with or without modifications accepted by the applicant and upon application, all appropriate officials of the City may issue building and other permits to the applicant. The Community Development Director may authorize minor adjustments to the approved Final Development Plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual site development. Otherwise, such an amendment will be classified as a major amendment to the Final Development Plan that must go through the entire PUD application and approval process as described in this Division. However, instead of the applicant being required to pay the full PUD application fee, the applicant must only pay the major amendment fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 4401, §§12-14)

Sec. 42-201.12. Landscape Plans.

Landscape Plans are a required component of Development Plans under the PUD regulations of this Article. Landscape Plans shall contain the minimum following information:

A minimum scale drawing of one (1) inch to fifty (50) feet;
The location of all trees to be preserved;
The location of all plant and landscaping materials to be used;
A list of all plant materials (canopy, under-story, ornamental or evergreen tree; shrub; etc.) to be used;
The size of all plant material to be used;
The spacing of plant material, where appropriate; and
The entity responsible for preparing the Landscape Plan.

Landscape Plans shall provide, to the maximum extent practicable, for the preservation of existing mature trees in the City. A Plan that provides for the clear cutting of a development tract or lot shall only be approved if the developer or contractor establishes by clear and convincing evidence that the development will not be economically viable unless clear cutting is permitted. (Ord. 3414)

Secs. 42-202 to 42-203. Reserved.

ARTICLE III ZONING

DIVISION 15. SUPPLEMENTAL REGULATIONS

Sec. 42-204. Accessory Structures and Uses - Purpose and Definition.

An accessory structure is a building or structure that is located on the same lot as the main or primary building or structure and is subordinate to and detached from the main building, but is not used for human habitation. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district. (Ord. 3414)

Sec. 42-204.1. Permitted Accessory Structures.

Any structure or use that meets the definition of an accessory structure or use may be allowed in any district.

Accessory structures include, but are not limited to, the following list of examples:
1. Garages;
2. Utility sheds or carports;
3. Private in‑ground swimming pools and above‑ground swimming pools more than two (2) feet high deep and associated bath houses;
4. Green houses;
5. Satellite dishes; (Ord. 4470, §2)
6. Gazebos, pergolas or pavilions; (Ord. 3982, §1)
7. Barns;
8. Well and wash houses.
9. Temporary Accessory Storage – Portable On Demand Storage Units (PODS) or other temporary accessory storage units are allowed for the purposes of storage of household items, construction tools or materials for a period not to exceed sixty (60) days unless used in conjunction with a renovation or new construction project and then must be removed within sixty (60) days of the approved final inspection or the building permit expiration. Temporary accessory storage must be placed on a drive, parking area, or any other hard surfaced area on the property except when the construction or renovation project will not allow for the use of these areas. Temporary accessory storage shall not be placed on a street or other public area without the approval of the Director of Public Works. Temporary accessory storage shall be defined as cargo or storage containers, cargo crates, box trailers, box or utility vans or trucks, van bodies or boxes removed from trailers or other similar vehicles. Temporary accessory storage shall not be required to meet the setback requirements of other permitted accessory buildings or structures due to the temporary nature of their use on site. (Ord. 3982, §1)
Accessory structures shall be allowed under the following conditions:
1. On any lot in an "R" District having less than twenty thousand (20,000) square feet accessory structures, other than residences, may be permitted with no plumbing fixtures required for human habitation, except for a washing machine and/or a janitor type sink;
2. On any lot in an "R" District having more than twenty thousand (20,000) square feet, accessory structures with plumbing fixtures may be used for servant's quarters housing, as long as the structure is occupied by a servant employed on premises by the household occupying the main building; and
3. On any lot in a "C" or "M" District accessory structures used for residential purposes are not permitted unless used for security and are built as part of and/or connected to the main building. (Ord. 3414; Ord. 3493, §7; Ord. 3982, §1; (Ord. 4470, §2)

Sec. 42-204.2. Location of Accessory Buildings or Structures in a Residential District.

An accessory building or structure in a residential district shall be located:

(a) Not less than forty (40) feet back of the front building line for the main building;
(b) Not less than five (5) feet from the main building, when not constructed, intended, or used for human occupancy at any time;
(c) Not less than five (5) feet from the rear lot line;
(d) (Repealed by Ord. 3611, §6);
(e) Not less than five (5) feet from the side lot line.
(f) Not less than ten (10) feet from any lot line for two-story accessory building or structure;
(g) No accessory building or structure on a comer lot shall project beyond the front yard building line; and
(h) Accessory buildings or structures shall comply with the height restrictions of the zoning district.

(Ord. 3414; Ord. 3493, §7; Ord. 3611, §6)

Sec. 42-204.3. Accessory Buildings or Structures in Commercial or Manufacturing Districts.

The location of accessory buildings or structures in a commercial or manufacturing zoning district shall be located consistent with the height, setback, and bulk standards. (Ord. 3414)

Secs. 42-205 to 42-206. Reserved.

Sec. 42-207. Customary Home Occupations - Purpose and Definition.

This section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. Customary home occupations are defined as any activity carried out for compensation in a residential dwelling unit. No home occupation shall be permitted if it:

Changes the outside appearance of the dwelling or is visible from the street;
Generates traffic, parking, sewage, water use or noise in excess of what is normally found in a residential neighborhood;
Creates a hazard to person or property, results in electrical interference or becomes a nuisance; or
Results in outside activities, storage or display. (Ord. 3414)

Sec. 42-207.1. Customary Home Occupations Permitted.

Customary home occupations include the following activities:

Home offices for architects, engineers, lawyers, realtors, insurance agents, brokers, ministers, rabbis, priests, salesmen, sales representatives, manufactures representatives, home builders, home repair contractors and similar occupations;
Artists, sculptors, authors, photographers and composers;
Computer programming and data processing;
Direct sale product distribution (Amway, Avon, Tupperware, etc.) provided parties for the purpose of selling merchandise or taking orders shall not be held more than once a month, shall be limited to ten ( 10) customers and shall be held between the hours of 9:00 a.m. and 10:00 p.m.;
Dressmakers, seamstresses, and tailors;
Home crafts, such a model making, rug weaving, woodworking, ceramics (with a kiln up to six (6) cubic feet) and similar activities, provided that no machinery or equipment shall be used or employed other than that which would customarily be found in the home or machinery and equipment that would ordinarily be employed in connection with a hobby or avocation;
Mail order, not including retail sales from site;
Music and art teachers or other tutoring services.
Renting sleeping rooms and serving meals to not more than two (2) persons not members of the family occupying the dwelling unit provided one ( 1 ) off-street parking space is provided for each person;
Telephone answering service;
Washing and ironing service;
"Work at home" activities where employees of a business, located at another location, perform work for the business in their own residence, provided all physical contact between the business and the employee occurs at the place of business and not the residence, other than the initial installation of any equipment or other work facilities. The work activities of the employee shall conform to all other requirements of this Section. (Ord. 3414; Ord. 3748 §7)

Sec. 42-207.2. Use Limitations.

No person other than someone related by blood, marriage, adoption or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed in the home occupation;
The home occupation shall be conducted entirely within the principal residential building and shall be limited to one (1) room;
No manufacturing or processing of any sort whatsoever shall be done, except as permitted by Section 42‑207.2. (6);
No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises;
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling;
The home occupation 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 unit is part of a multifamily structure, shall constitute a violation;
No mechanical or electrical equipment other than normal domestic or household equipment shall be used;
There shall be no outdoor storage of equipment or materials used in the home occupation;
The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 24,000 pounds or less; and
Not more than one commercial vehicle utilized in the business shall be parked on site. (Ord. 3414; Ord. 4453)

Sec. 42-207.3. Particular Occupations Prohibited.

Animal hospitals, stables or kennels;
Auto repairing and painting;
Barber shops and beauty parlors with more than one ( I ) operator;
Boarding and lodging houses, unless permitted by district regulations;
Dispatching of transfer and moving vans, taxi cab services; and
Palm reading, fortune telling, tattoo or body piercing parlors.

(Ord. 3414)

Secs. 42-208 to 42-209. Reserved.

Sec. 42-210. Supplemental Open Space and Yard Regulations.

In addition to the area requirements set out before, the following open space and yard regulations shall also apply: (Ord. 3414)

Sec. 42-210.1. Front Yard Regulations.

All property shall have a front yard not less than prescribed by this Article, except for the following instances:

Meets the criteria described in Subsection 42-210.4(a)
If permitted by a variance, special exception, or an approved Planned Unit Development
Where an irregular shaped lot has more area than required for its particular district, lot width may be computed including the most usable portion satisfying the minimum area requirements.
Where a residential building is located in a commercial district, the setback required in the residential district shall apply. (Ord. 4428, §§7-8)

Sec. 42-210.2. Side Yards - Corner Lots.

The required side yard for a corner lot shall be one-half of the required front yard setback for that particular lot or a minimum of ten feet, whichever is larger. This provision shall apply only to the side yard adjoining a street. (Ord. 3414; Ord. 3566, §3; Ord. 4428, §10)

Sec. 42-210.3. Yards Open.

Except as specified in this Section, all yards required by this Article shall be open and unobstructed to the sky. (Ord. 3414)

Sec. 42-210.4. Exceptions to Yard Regulations.

Where buildings exist on adjacent lots (lots that are near, but not necessarily abutting) that front the same street as an empty lot, the required setback for new buildings on the empty lot may be reduced to align with the frontages of the other adjacent existing buildings rather than the provisions of this Article. However, in the usage of this provision, no front or street-side side setback shall be reduced to less than five feet for interior lots and less than ten feet for corner lots. If the required setback is reduced in this manner, the structure will be considered to be conforming to the setback provisions of this article and will not be given the status of a nonconforming structure.
Where compliance with the yard regulations cannot reasonably be accomplished because of irregular shaped lots or hillside lots; the Board of Adjustment may modify such regulations.
Where an irregular shaped lot has more area than required for its particular district, lot width may be computed at the most usable portion of the lot. (Ord. 3414; Ord. 4428, §§11-12)

Sec. 42-210.5. Permitted Projections and Structures in Required Yards.

The following projections may be located in a required yard:

Cornices, eaves, gutters, belt courses, sills, and other similar architectural features, shall not extend into a required side yard by more than two feet and shall not extend into a required front or rear yard by more than three feet;
Awnings, arcades, canopies, marquees, and galleries are permitted to encroach the sidewalk to within two feet of the curb, but must clear the sidewalk vertically by at least eight feet.
Open (i.e. no roofs or cover) fire escapes and open stairways not associated with a porch shall be permitted to extend into a required rear or side yard by no more than 50% of the required yard’s depth (open stairways associated with a porch or balcony will be considered part of the porch) and open handicapped ramps are permitted in 100% of all yards.
In R-1 and R-R, bay windows and unenclosed balconies, porches, stoops, terraces, and their eaves shall be permitted to extend into the required front yard or into the required street-side side yard of a corner lot by no more than 50% of the yard’s depth.
In any residential district that is not R-R or R-1, bay windows and unenclosed balconies, porches, stoops, terraces, and their eaves shall be permitted to extend into the required front yard or into the required street-side side yard of a corner lot by no more than 80% of the yard’s depth, but no such projection shall be closer than five feet to the front lot line of an interior lot and closer than ten feet to the street-side side lot line or front lot line of a corner lot. In addition, all components of such a structure or projection shall be contained within the lot.
If porches, steps, platforms, carports, landing places, and other similar projections extend into minimum required yards, they shall not be enclosed or temporarily enclosed nor shall the open sides be blocked by such contraptions as shades.
Any fence, hedge, statuary, arbors, or trellises in the front yard shall comply with the provisions of Section 42-211.1.
If a chimney is set back from any side lot line by at least three feet, chimneys may project thirty inches or less into any yard.
Flag poles.
Signs, as permitted in this Article.
If an open carport is at least ten feet from the rear or front lot line and three feet from all side lot lines, a carport that does not extend above the first floor of the building is permitted to extend up to ten feet into any yard. This provision does not apply to closed carports. (Ord. 4428, §§13-14)

Sec. 42-210.6. Permitted In Any Yard, Except Front Yards:

A child's playhouse;
Recreational equipment and clotheslines; and
Fences not exceeding seven (7) feet in height and which comply with the provisions of this Article. (Ord. 3414)

Sec. 42-211. Vision Obstruction Restrictions- Purpose.

The following Section is intended to establish regulations governing the placement of natural or man-made obstructions to vision. (Ord. 3414)

Sec. 42-211.1. Obstructions in Required Yards.

On any lot where a front yard is required or corner lot, no building, wall, fence or other structure shall be constructed and no hedge, tree, shrub, or other growth or object of any kind shall be maintained in such location within the yard so as to obstruct the view of pedestrians and motorists, as determined by the City Engineer.
Open fences not exceeding fifty (50) percent screening and four (4) feet in height above yard grade shall be permitted,
Hedges, shrubbery, flowers or other similar vegetation planted to form a continuous line of growth shall not exceed a height of four (4) feet. (Ord. 3414)

Sec. 42-212. Zero Lot Line Construction - Purpose.

The purpose of zero lot line construction is to permit a procedure for development that will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will support ingenuity and originality in total subdivision design; and which can preserve open space to serve the recreational, scenic and public service purposes related thereto, all within the densities established by the zoning district in which the zero lot line construction is permitted. (Ord. 3748, §8)

Sec. 42-212.1 Zero Side Yard.

The required side yard setback in the R-1 and R-2 Districts may be zero (0) on one side of the lot provided:

The lot adjacent to that side is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time if initial construction and the minimum side yard setback for such adjacent lot is either zero (0) or not less than ten (10) feet;
The adjacent side yard setback is perpetually maintained free and clear of any obstructions other than a three (3) foot eave encroachment, normal landscaping, patios, garden walls or fences unless it is a zero (0) side yard;
The wall located at the zero (0) side yard setback is constructed with easily maintained, solid material without windows;
No portion of the dwelling or architectural features project over any property lines; and
The zero (0) side yard is not adjacent to a public or private street or alley right-of-way.

(Ord. 3748 §8)

Sec. 42-212.2 Zero Rear Yard.

The required rear yard setback in the R-1 and R-2 Districts may be zero (0) provided:

The lot adjacent to the rear yard is also owned by the applicant or proof of consent is provided from the adjacent lot owner at the time of initial construction and the minimum rear yard setback satisfies the rear yard setback requirements of the zoning district, however, in no case shall the minimum rear yard be less than ten (10) feet unless it is zero (0);
The adjacent rear yard setback is perpetually maintained free and clear of any obstructions other than a three (3) foot eave encroachment, permitted accessory uses, such as a swimming pool or garage, as well as normal landscaping, patios, garden walls or fences unless it is a zero (0) rear yard;
The wall located at the zero (0) rear yard setback is constructed with easily maintained, solid materials without windows;
No portion of the dwelling or architectural features project over any property lines; and
The zero (0) rear yard is not adjacent to a public or private street or alley right-of-way.

(Ord. 3748 §8)

Sec. 42-212.3 Location of Zero Yards.

No lot may have both a zero (0) side yard and a zero (0) rear yard. (Ord. 3748, §8)

Sec. 42-212.4 Recording Maintenance and Use Easements.

Appropriate maintenance and use easements shall be included on the final plat for all affected properties. Where a final plat is not required, the maintenance and use easement shall be included in the deed or deeds for all affected properties. (Ord. 3748, §8)

Sec. 42-212.5 Placement of Zero Yard Wall.

The zero (0) side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot. (Ord. 3748, §8)

Sec. 42-212.6 Application and Review.

Before construction of a zero lot line dwelling commences, an application, accompanied by a precise site plan, shall be submitted to the Planning and Zoning Commission and approved or conditionally approved by the Commission prior to the issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Commission, after review, may approve, conditionally approve, or deny the proposed plan. In its review, the Commission shall consider placement of all structures, building material, finishing of the wall constructed along the side or rear lot line, and any impacts on adjacent property owners. (Ord. 3748, §8)

Sec. 42-213. Exterior Lighting Standards - Purpose.

The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Safety considerations form the basis of these regulations pertaining to motor vehicle use. In other cases, both the nuisance and hazard aspects will be regulated. This section is not intended to apply to public street lighting, signs, or seasonal displays. (Ord. 3748, §9)

Sec. 42-213.1 Standards.

The following standards are required of all exterior lighting, subject only to the exemptions permitted in Section 42-213.2.

The light source or luminary for all exterior lighting shall have a cutoff so that the bare light bulb, lamp or light source is completely shielded from the direct view of an observer at ground level at the property line adjacent to a public right-of-way or property zoned residential or, if a buffer yard is required, at the interior line of the buffer yard.
No flickering or flashing lights shall be permitted.
Light sources or luminaries shall not be located within buffer yard areas except on pedestrian walkways. (Ord. 3748, §9)

Sec. 42-213.2 Exemptions.

Outdoor Recreational Uses. Baseball diamonds, playing fields, and tennis courts shall be exempt from the exterior lighting standards because of their unique requirements for nighttime visibility and hours of operation. These outdoor recreational uses must meet all other requirements of this section and this Article.
Private Outdoor Lights. Private outdoor lights installed by a public utility on private property for security purposes are exempt from the exterior lighting standards provided the installation is approved by all property owners of residential property from which the light source can be viewed.
In Manufacturing Zoning Districts. Due to unique lighting requirements for some industrial or warehousing activities, exterior lighting shall be exempt from exterior lighting standards, except for parking lot lighting.
Emergency Warning Lights. Safety signal and warning device lighting shall be exempt from the exterior lighting standards of this Section. (Ord. 3748, §9)

Sec. 42-214. Noncommercial, Not-For-Profit Neighborhood Facilities - Purpose.

The purpose of these requirements is to provide opportunities for necessary and desirable noncommercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood. (Ord. 3414)

Sec. 42-214.1. Standards.

The proposed structure(s) shall not be located within any front or rear yards required by this Article or within ten (10) feet of the property line adjacent to the side yards of the lot on which the structures are located. Swimming pool pump and filter operations shall adhere to these standards, but in no event will they be located closer than twenty (20) feet to a side or rear property line.
Any outdoor swimming pool will be enclosed by a fence or wall with a minimum height of six (6) feet with gates that shall be self-closing and latching.

Sec. 42-215 to 42-216. Reserved.

Sec. 42-217. Common Open Space and Improvement Regulations.

Sec. 42-217.1. General Provisions.

The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.

All lands in common open space, not a part of individual lots, designed for the mutual benefit of a group of persons owning property within a development, where such lands are not dedicated to or conveyed for public use; whether or not such lands are required by the provisions of this Article; and
All private streets, driveways, parking facilities, and buildings or portions thereof, as may be provided for common use, benefit and/or enjoyment of the development occupants; whether or not such improvements are required by the provisions of this Article. (Ord. 3414)

Sec. 42-217.2. Condominium Property Act.

Except where it can be demonstrated that the provisions of this Section can be satisfied by other means, all lands and improvements, as set forth in this Section. shall be established and maintained in accordance with the Condominium Property Act, Chapter 448, Missouri State Statutes. (Ord. 3414)

Sec. 42-217.3. Subdivision Approval Required.

All subdivision of property containing common open space and common improvements shall be considered a subdivision and subject to review in accordance with the provisions of Article II, Subdivisions. (Ord. 3414)

Sec. 42-218. Property Owner's Association.

All common open space and improvements shall be protected by legal arrangements that are satisfactory to the City and sufficient to assure their maintenance and preservation for the purposes intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City, and other specifications deemed necessary by the City. (Ord. 3414)

Sec. 42-218.1. Covenants, Rules and By-laws.

Any restrictive covenants, rules and by-laws of the ownership unit, as prepared in accordance with Chapter 448, Missouri State Statutes, shall be approved by the City before any final plat is recorded. Such documents, once approved, shall become part of the recorded subdivision plat. The covenants and restrictions shall provide:

For the establishment of the condominium or homeowners association or trust prior to the sale of any property;
For the method of maintenance;
That open space restrictions and maintenance shall be permanent;
That the homeowners are liable for the payment of maintenance fees and capital assessments;
That unpaid homeowners fees and assessments will be a lien on the property of the delinquent homeowners;
That the association or trustee shall be responsible for liability insurance, taxes and perpetual maintenance;
That membership shall be mandatory for each homeowner and any successive buyer;
That each homeowner, at the time of purchase, shall be furnished with a copy of the approved restrictions or conditions;
That any association or trust formed to own and maintain common open space and common improvements will not be dissolved without consent of the City; and
That the City of Rolla shall assume no responsibility for the enforcement of private restrictive covenants.

(Ord. 3414)

Sec. 42-218.2. Maintenance of Common Open Space and Improvements.

The City may require that, in order to assure adequate maintenance of common open space and improvements, any restrictive covenants, rules and by-laws created for the unit of ownership specify that the City may serve written notice to the association as to their failure to maintain the common open space and improvements in reasonable order. The notice shall describe how the unit of ownership has failed to maintain the common open space and improvements in reasonable condition and shall require that such deficiencies be remedied within thirty (30) days, setting a date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.

If said deficiencies are not corrected, the City may enter upon the common open space and improvements to maintain the same for one (l) year in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance. Entry upon and maintenance of the common open space and improvements shall not grant the public any rights to use the facilities, unless the owners dedicate the same to the public.

At or before the expiration of one (1) year, the City shall give notice and hold another public hearing to determine if the ownership unit is capable of adequately maintaining the common open space and improvements. The City may, at its discretion, continue to maintain the common open space and improvements for one (1 ) or more additional years if it finds that the ownership unit is not able to adequately maintain the common open space and improvements. The rules and by-laws creating the ownership unit shall provide that the cost of such City maintenance shall be assessed ratably against the individual properties within the development that have a right to use the common open space and improvements. This assessment shall constitute a lien against all properties within the unit ownership. (Ord. 3414)

Sec. 42-218.3. Maintenance Responsibility.

The initial maintenance of the common open space and improvements within the development shall be the responsibility of the developer until the restrictive covenants, rules, and by-laws of the unit of ownership are established and maintenance responsibility is transferred to a duly constituted owner's association. The developer shall retain this maintenance responsibility, regardless of the status of the ownership unit, until fifty (50) percent of the development has been sold to the unit owners or other clients.

The developer maintenance responsibility shall be specifically indicated in a letter of agreement between the developer and the City, submitted at the time of Final Plat Review. (Ord. 3414)

Sec. 42-219 to 42-220. Reserved.

Sec. 42-221. Urban Conservation and Redevelopment Areas.

The City Council may permit a modification of the requirements of this Article in an area where an Urban Conservation or Redevelopment Plan, enacted pursuant to Article VI, Sections l9 and 21 of the Constitution of the State of Missouri, has been adopted to encourage urban conservation and support private sector reinvestment. This action may be necessary to encourage projects that conserve and preserve urban resources and that promote the stabilization and economic development of an area, provided the following conditions are met:

The project complies with an approved Urban Conservation or Redevelopment Plan;
The project complies with all ordinances, except those provisions to be modified;
The project does not interfere with easements, roadways, utilities, and public or private rights-of-way;
The project is not injurious to the use and enjoyment of surrounding property;
The project does not create drainage or erosion problems;
The project makes adequate provision for open space and for its maintenance;
An acceptable site plan has been submitted to the planning and Zoning Commission and City Council specifying what provisions of this Article are to be modified and why; and
The City Council may impose conditions to achieve the intent of City ordinances, the intent of the Urban Conservation or Redevelopment Plan or to achieve other public purposes. The applicant must comply or provide adequate assurances that all the conditions will be satisfied as set forth by the City Council.

(Ord. 3414)

Sec. 42-222. Family Child Care Homes.

A permit application for a family child care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:

The residence for which a permit is sought shall be the permanent residence of the child day care provider (operator);
No alteration of the principal residential building shall be made that changes the character or appearance of the building so as to be inconsistent with the appearance of dwellings in the immediate area around the family child care home.
No person, other than someone related by blood, marriage, adoption or custodial relationship to the operator and who also resides in the dwelling unit, shall be employed in the family child care home;
Outdoor play areas shall be located in the rear yard of a family child care home; and
One (1) exterior, flush-mounted attached sign is permitted not to exceed one (1) square foot in area.

(Ord. 3517, §1)

Sec. 42-223. Reserved.

Sec. 42-224. Residential Group Homes - Purpose.

Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians when:

The structure, building, landscaping, fencing, etc. for the residential group home suits the character of the immediate neighborhood.
There are no other residential group homes within fifteen hundred (1,500) feet.
No sign identifying the residential group home exceeds four (4) square feet in area.
Signs may not be illuminated and must be attached to the residential group home.
There are no more than two (2) residents per bedroom. (Ord. 3414)

Sec. 42-225 to 42-226. Reserved.

Sec. 42-227. Screening and Fencing - Purpose.

To encourage the most appropriate land use and protect the privacy and property values of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required by this Division. (Ord. 3414; Ord. 3886, §1; Ord. 4322, §1)

Sec. 42-227.1. Location and Height.

The following shall be required in addition to any required landscaping or buffer-yard.

Off-street parking areas.
1. Where an open off-street parking area for a multifamily residential use contains five (5) or more off street parking spaces and is adjacent to an R-1 or R-2 District, screening of not less than four (4) feet in height and meeting the requirements of Section 42211, Vision Obstruction Restrictions, shall be erected separating the off street parking area from the adjacent residential district. No screening is required for parking spaces fronting a public rightofway, except as required under Section 42230.5. (2).
2. Where an open off street parking area for a nonresidential use is in or adjacent to any residential district, screening of not less than four (4) feet in height and meeting the requirements of Section 42211, Vision Obstruction Restrictions, shall be erected separating the parking area from the adjacent residential district. No screening is required for parking spaces fronting a public rightofway, except as required under Section 42230.5 (2) or if a buffer-yard is required under Section 42-230.6.
Consolidated refuse storage areas, for all uses other than single family and two family dwellings, visible from the adjacent property lines shall be visually screened by a solid fence or wall, not less than the height of the refuse storage containers, on all sides except the side used for refuse pickup service.
Maximum fence height in areas zoned for residential use or in the C-O (Office District) and C-1 (Neighborhood Business District) shall be limited to seven (7) feet, except as provided in Section 42-211.1.
Maximum fence height in areas zoned C-2 (General Retail District) and CC (Center City District) shall be limited to eight (8) feet, except as provided in Section 42-211.1.
In areas zoned C-3 (Highway Commercial District), M-1 (Light Manufacturing District), or M-2 (Heavy Manufacturing District), fence height shall be limited to fourteen (14) feet in height, except as provided in Section 42-211.1, when such fencing is immediately adjacent to property zoned for residential use or where the fence height and location would adversely affect sight distance at intersections. Commercial and/or Industrial buildings must be at least fifty thousand square feet (50,000 sq. ft.) in area to qualify for the fourteen (14) foot fence.
1. Any fence over ten (10) feet in height and over fifty (50%) screening must submit engineered plans.
2. Minimum lot size shall be at least two acres.

(Ord. 3414; Ord. 3886, §1; Ord. 4322, §1)

Sec. 42-227.2. Screening and Fencing Standards.

Property owners may elect to use permanent material such as wood, chain link, stone, brick, decorative wrought iron, concrete block or other materials that are similar in durability to satisfy screening and fencing requirements.
A landscaped earthen berm having side slopes with at least two (2) feet of horizontal distance for each foot of height may be used to satisfy screening requirements.
An evergreen hedge may be used if the shrubs or trees measure at least two-thirds (2/3) of the minimum required height when planted and form a continuous, solid, visual screen.
Property owners may not use the following materials for fencing:
1. Cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence;
2. Plywood less than five-eight (5/8) inches thick and/or plywood not of a grade approved for exterior use, particle board, paper, visqueen plastic, plastic tarp, or sheet metal;
3. Electrified fencing, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited, unless used in an RR (Rural Residential District), commercial or manufacturing zoning district if approved for use by the Codes Administrator.
All wooden fencing shall be installed finished-side facing out to any adjoining lot or street.
No provision of this Article shall be construed as granting a right for a property owner to erect a fence or wall on a public easement for any purpose. (Ord. 3414; Ord. 3886, §1)

Sec. 42-227.3. Maintenance.

Property owners shall be responsible for maintaining the required screening materials in a neat and orderly manner at all times. Plant materials which die shall be replaced with healthy plant materials of similar variety and meeting the size requirements of this Section. (Ord. 3414; Ord. 3886, §1)

Sec. 42-227.4. Additional Screening and Fencing.

The City may require screening and fencing of outside storage and display areas in nonresidential districts in addition to or in lieu of the requirements of this Article. The screening or fencing shall be of adequate height to effectively mask the specified area, but in no instance shall the screening or fencing be above seven (7) feet in height. (Ord. 3414; Ord. 3886, §1)

Sec. 42-227.5. Buffer Areas.

Whenever a buffer-yard is required per this Article, the screening required by this section shall be construed to be an additional requirement. (Ord. 3886, §1)

Sec. 42-228. Development Requirements..

The following development requirements apply to all new development and redevelopment of property. General development requirements are intended to provide for orderly, predictable, and attractive development within the city. (Ord. 4523, §2)

Sec. 42-228.1 Sidewalks.

Required. Sidewalks are required in the following circumstances. The sidewalk must be constructed to the minimum width stated.

Sidewalks shall be required on both sides of the street on arterial and collector status streets as designated by the adopted Major Thoroughfare Plan. Such sidewalks shall be a minimum of 5 feet in width.
Sidewalks shall be required on both sides of the street adjacent to any property within the CC, Center City district. Such sidewalks shall be a minimum of 10 feet in width. In instances where the distance between the right-of-way line and the edge of the pavement is less than 10 feet, the sidewalk shall be as wide as possible.
Sidewalks shall be required on both sides of the street adjacent to any property within the R-3, Multi-family; R-3b, Multi-family; GI, Government and Institutional; C-O, Office; C-1, Neighborhood Business; C-2, General Retail; and C-3, Highway Commercial zoning districts. Such sidewalks shall be a minimum of 5 feet in width.
Sidewalks shall only be required on one side of the street for local streets as identified in the adopted Major Thoroughfare Plan within the R-1, Single Family; R-2, Two Family; and RMH, Residential Manufactured Home zoning districts. Such sidewalk shall be a minimum of 5 feet in width. Such sidewalks shall be located on the north or east side of the street unless an alternative location is approved by an alternative sidewalk plan, PUD, or as determined by the Community Development Director to avoid placement conflicts. In the event that an adjoining property has a sidewalk, the sidewalk must be extended across the frontage of the subject property unless waived by the Community Development Director.

Not required. Sidewalks are not required or may be waived in the following circumstances:

Sidewalks are not required on cul-de-sacs less than 600 feet in length with 15 or fewer lots or dwelling units.
Sidewalks are not required on local streets adjacent to the M-1, Light Manufacturing and M-2, Heavy Manufacturing districts.
Sidewalks are not required along designated Interstate highways.
Sidewalks may be waived by the Planning and Zoning Commission on local streets in single-family residential large lot subdivisions. A large lot subdivision shall be defined as a subdivision with all lots of greater than 25,000 sq. ft. in area.
Sidewalks are not required for the construction of a one or two family structure in previously subdivided developments where both adjoining properties do not have sidewalks.
Sidewalks may be waived where only a portion of a property is developed or redeveloped. In such case, sidewalks shall only be required adjacent to the portions of the property which are developed or redeveloped as determined by the Community Development Director. Sidewalks are not required for development projects that do not require any driveway modification or on-site concrete pavement.
The Community Development Director may approve an alternative off-site location for a sidewalk in lieu of a sidewalk along the subject property frontage where such sidewalk would create enhanced pedestrian access to the neighborhood. Cost estimates for the sidewalk must demonstrate that the alternative location would be equal or greater in cost. Written authorization must be provided from the adjacent property owners.
The Community Development Director may waive the requirement of providing a sidewalk in locations which are determined to be impractical and unneeded, such as sites which are more than 2,000 feet from the nearest existing sidewalk and not needed as part of the trails network.
The Board of Adjustment shall have the authority to waive the requirement for sidewalks through the approval of a variance.

All commercial or multi-family development shall be provided with a designated ADA accessible route through the site to a public sidewalk where a sidewalk exists along an adjacent street. In such case that no public sidewalk exists, the Community Development Director may require such accessible route to a point to connect to a future or planned sidewalk.
Sidewalks shall be constructed to city standards and inspected and approved by the Public Works Department, except that sidewalks constructed within the right-of-way along MoDOT controlled roadways require approval, inspection, and acceptance from MoDOT.
The City of Rolla may participate in the cost of construction of sidewalks to close gaps in sidewalk connectivity, enhance ADA compliance, build wider sidewalks in the center city or for trails as indicated in the adopted Trails Master Plan, and construct pedestrian bridges or culverts to cross highways, railways, or waterways.
Encroachments or narrowing of sidewalks for short distances may be permitted to allow for street trees, street signage, utility poles, utility meters, ect. In no case shall an encroachment or narrowing of a sidewalk reduce the width to less than 4 feet or encroach for more than 4 consecutive feet along the length of the sidewalk. (Ord. 4523, §2)

Sec. 42-229. Reserved.

Sec. 42-230. Landscaping and Buffer-Yards - Purpose.

These regulations provide standards and criteria for landscaping in all new construction projects which are intended to enhance the value of property, provide buffers between dissimilar uses, improve the physical appearance of the City and maintain an ecological balance. Landscaping and buffer-yards are intended to lessen the adverse impacts of more intense land uses when they are adjacent to less intense uses. Rural residential, single-family and two-family development, and uses in the C-O Office District are exempt from these regulations because such uses rarely create adverse impacts. (Ord. 3414)

Sec. 42-230.1. Screening and Fencing.

All screening or fencing under this Section shall be in addition to any buffer-yard or area required in Section 42-23 l . (Ord. 3414)

Sec. 42-230.2. Enforcement.

In the event of a nonconformity with the standards and criteria of this Section, property owners, including any known tenants or agents, shall be notified citing the violation and describing what actions are required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from the notice date to restore the required landscaping. Failure to comply with the notice shall be considered a violation of this Article. (Ord. 3414)

Sec. 42-230.3. Maintenance.

The property owner shall at all times remain responsible for maintaining all required landscaping in a neat and orderly manner. Plant materials shall be maintained in a healthy and growing condition that is appropriate for the season of the year. Dead plant materials shall be replaced with a similar variety plant material meeting the size requirement of this Section. (Ord. 3414)

Sec. 42-230.4. General Standards for Trees.

Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri as documented by the Missouri Department of Conservation. Caliper measurements shall be taken six (6) inches above grade. Trees shall have the following characteristics:

Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have a minimum caliper diameter of one and one-half ( l l/2) inches at the time of planting.
Under-story trees shall be deciduous trees that have a maximum height of less than thirty (30) feet at maturity. All under-story trees shall have a minimum caliper diameter of one (l ) inch at time of planting.
Ornamental trees shall be flowering deciduous trees. All ornamental trees shall have a minimum caliper width of one (l ) inch at time of planting.
Evergreen or conifer trees shall have a minimum height of twenty (20) feet at maturity. All evergreen trees shall be at least six (6) feet high at time of planting.
Smaller trees may be substituted where the applicant establishes that the location of driveways or unique physical characteristics of the property would not allow the plantings as required.

The Community Development Director may waive rules regarding setbacks and buffer- yards to preserve trees of exceptional quality due to size, large canopy cover, trunk diameter, rarity, age or species when written consent has been received from the owners of abutting property. Where such written consent is not filed, waiver may be granted by the Board of Adjustment as a variance according to the standards, notice and other procedures pertaining to variances.

(Ord. 3414)

Sec. 42-230.5. Minimum Requirements for Off-Street Parking Areas.

Interior and perimeter of parking lots shall be landscaped in accordance with the following criteria. Lots of one (1) acre or less shall be exempted from this regulation as are parking areas which are located under, on, or within buildings.

Development sites containing parking areas totaling thirty (30) or more parking spaces or the gross area is twelve-thousand (12,000) or more square feet, shall provide a minimum of five (5) percent of the parking area for landscaping. Additional requirements include:
1. All landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs;
2. There shall be a minimum of two (2) under-story trees or one (1) canopy tree planted for each thirty (30) parking spaces or twelve-thousand (12,000) square feet of parking area, or fraction thereof; and
3. Interior parking areas shall contain planting islands located so as to best relieve the expense of paving. Interior planting areas shall be a minimum of one-hundred (100) square feet for each under-story tree and two-hundred (200) square feet for each canopy tree dimensioned in such a way as to provide a suitable area for planting.
Perimeter landscaping shall be provided where a parking lot is within twenty (20) feet of a public right-of-way line and there is not an intervening building. Whenever a parking lot abuts a public right-of-way, a perimeter landscape area of at least five (5) feet in depth shall be maintained on private property and may include any required setback area. All necessary access ways shall be permitted through all such landscaping areas.

(Ord. 3414; Ord. 3493, §8)

Sec. 42-230.6 Buffer-Yard Standards.

Buffer-yards shall be required as shown on the Table of Buffer-yard Requirements. A buffer-yard shall be provided for a proposed commercial or industrial development when it will be located in a zoning district listed in the left-most column of the table and the development is adjacent to a zoning district listed across the top of the table. Commercial or industrial developments adjacent to a PUD district shall provide a buffer-yard based on the corresponding zoning district of the existing or proposed uses permitted in the PUD district as determined by the Community Development Director. Buffer-yards are not required if there is an intervening public street between the districts with a right-of-way width of fifty (50) feet or more or if a railroad right-of-way separates the two districts.

All or a portion of a buffer-yard may be used to satisfy a required setback, but in no instance shall parking spaces or outside storage/display be permitted in a buffer-yard.

Table of Buffer-Yard Requirements

	Adjacent Zoning District
Development Zoning District	R-R	R-1	R-2	R-3	GI	C-O	C-1	C-2	C-3	M-1	PM-2	PUD
C-1	B	B	A	A	A	A	*	*	*	*	*	A
C-2	D	D	C	C	C	C	*	*	*	*	*	C
C-3	E	E	C	C	C	C	*	*	*	*	*	C
M-1	F	F	E	E	D	D	C	C	C	*	*	C
M-2	G	G	F	F	E	E	D	D	D	C	*	C

* No buffer-yard required

Sec. 42-230.7. Buffer-Yard Definitions.

(a) Buffer-yards are defined in terms of the number of plant units required for each one-hundred (100) linear feet. The number of plant materials required shall be rounded up when a fraction is calculated. Property owners may increase the width and planting density of the buffer-yard.

Required plantings per 100 linear feet

	Canopy tree(s)	Under-story trees	Evergreen trees	Shrubs
Buffer yard A	1	1	2	10
Buffer yard B	1	2	2	12
Buffer yard C	3	2	2	16
Buffer yard D	3	3	4	20
Buffer yard E	4	3	4	24
Buffer yard F	4	4	5	28
Buffer yard G	5	4	5	34

(b) Buffer-yards A and B shall have a minimum width of fifteen (15) feet.
Buffer-yards C and D shall have a minimum width of twenty (20) feet.
Buffer-yards E and F shall have a minimum width of thirty (30) feet.
Buffer-yard G shall have a minimum width of thirty-five (35) feet.

(c) The minimum buffer-yard width may be reduced by fifty (50) percent if the property owner elects to install a six (6) foot solid wood fence, a six (6) foot solid masonry/brick wall or a six (6) foot solid evergreen hedge. (Ord. 3414)

Sec. 42-230.8. Sight Distance and Utility Easements.

Strict compliance with these landscaping requirements shall not be required if it would cause visibility obstructions, particularly at intersections. The requirements set forth herein may be modified by the Community Development Director to the extent necessary to mitigate unnecessary economic hardship.
Buffer-yard and parking lot perimeter landscaping shall be provided in such a requirements set forth herein may be modified to the extent necessary to manner as to minimize their impact on utility construction and maintenance requirements. Plantings on utility easements shall be limited to ornamental or under-story trees, shrubs and hedges. In this instance, each required canopy tree shall be replaced with two (2) ornamental or under-story trees to reduce conflicts with overhead utilities. Plantings in or adjacent to a utility easement shall be coordinated with the effected utility company.

(Ord. 3414)

Sec. 42-231 Boundary Description of the Rolla Arts & Entertainment Overlay District.

Beginning at the center of the Burlington Northern Santa Fe Railroad tracks and the south right-of-way line of Seventh Street; thence in an easterly direction, to the southeast intersection of Seventh Street and Olive Street; thence in a northerly direction, to a point eighty feet north of the northeast intersection of Seventh Street and Olive Street; thence in an easterly direction, a distance of two hundred and twenty-eight feet to the west right-of-way line of Cedar Street; thence in a northerly direction, along the west right-of-way line of Cedar Street to the southwest intersection of Tenth Street and Cedar Street; thence in an easterly direction, along the south right-of-way line of Tenth Street to a point three hundred and five feet east of the intersection of Tenth Street and Cedar Street; thence in a southerly direction, one hundred and ninety-five feet; thence west two hundred and forty-four feet to the east right-of-way line of Cedar Street; thence in a southerly direction, to the southeast intersection of Cedar Street and Seventh Street; thence in an easterly direction, along the south right-of-way line of Seventh Street, to the southwest intersection of Seventh Street and Maple Street; thence in a southerly direction, along the west right-of-way line of Maple Street to the northwest intersection of Fifth Street and Maple Street; thence in a westerly direction along the north right-of-way line of Fifth Street, to the center of the Burlington Northern Santa Fe Railroad tracks; thence in a northeasterly direction, along the center of the Burlington Northern Santa Fe Railroad tracks, to the southeast intersection of Seventh Street, also being the point of beginning. (Ord. 3946)

Sec. 42-231.1. Purpose of the Rolla Arts & Entertainment Overlay District

The purposes of the overlay district are to encourage the preservation, enhancement, expansion and integration of the arts and associated cultural activities, including arts-related support uses, within the area defined as the RA&ED. Additional purposes are to encourage a scale of development, a mixture of building uses, and other attributes, such as safe and attractive conditions for pedestrian and vehicular movement, all of which are consistent with the goals of the RA&ED Urban Conservation and Redevelopment District Plan. The overlay district is intended to expand business and job opportunities by helping Rolla become a destination point for visitors. Finally, this designation as an overlay district will strengthen the design character and identity of the district as a place devoted to promoting the arts and entertainment. (Ord. 3946)

Sec. 42-231.2. General Provisions.

Development in the RA&ED shall be governed by the overlay district regulations and the underlying zoning regulations. Where there are conflicts between this Division and the underlying zoning, the more restrictive regulations shall govern. The requirements of this Division and the underlying zoning regulations shall apply to all new construction and to any renovation of, addition to, or repair of existing buildings in the RA&ED. (Ord. 3946)

Sec. 42-231.3. Definitions.

Words found in the text of this Division shall be interpreted in accordance with the provisions set forth in this section. Where words are not defined, the standard dictionary definition shall prevail. The following terms have the meanings indicated:

Antique Shop: A place of business offering primarily antiques for sale or trade. An antique, for the purposes of this regulation, shall be an artistic work, piece of furniture, decorative object, or similar items, belonging to the past and at least thirty (30) years old.
Artist: A person regularly engaged in and who derives a substantial portion (50 percent or more) of his/her annual income from art or creative work either written, composed, created, or executed for a one of a kind, limited production working in all forms and mediums exclusive of any piece or performance created or executed for industry oriented distribution (advertising) or related production. The title of "artist" shall include painters, sculptors, authors, actors, screenwriters, play rights, film makers, dancers, potters, weavers, jewelers, exhibitors, printers, costumers, musicians, and photographers.
Arts Center: A structure or group of structures for housing the visual and/or performing arts.
Arts and Entertainment District: A district of public and private uses that is distinguished by physical, historical and artistic resources that play a vital role in the cultural life and economic development of the community by contributing to the public through interpretive, educational, and recreational uses – excluding adult entertainment.
Artist Gallery: An establishment engaged in the sale, loan or display of art, books, paintings, sculptures, or other works. An art gallery does not include libraries or museums.
Artist Live/Work Space: A structure or any portion thereof containing an individual housing unit(s) of at least seven hundred and fifty (750) square feet in habitable area that is used by the occupant(s) for both residential use and artist studio space. A household residing in such a unit must include at least one (1) artist as defined herein. Retail sales of art produced on-site that does not take place more than twenty four (24) hours per week shall be permitted.
Artist Studio: A structure or portion thereof designed to be used as a place of work by an artist(s) or craft person, including persons engaged in the application, teaching, or performance of artistic work.
Artistic Work: The creation, production, rehearsal, or teaching of any visual art or craft, including but not limited to painting, drawing, graphic design, photography, video, film, sculpture, weaving, jewelry, and pottery; or written works of fiction or nonfiction; or of any performing art, whether live or recorded performances, including music, dance, and theatre.
Assembly Hall: A building or portion of a building in which facilities are provided for civic, educational, political, religious, or social purposes. (Ord. 3946)

Sec. 42-231.4. Uses Permitted.

Real property within the RA&ED shall continue to be subject to the use regulations of the underlying zoning district in which it is located, except that certain uses, as outlined in Section 42-199.3, shall be allowed in the RA&ED. Additional uses permitted in the RA&ED include:

Antique stores.
Artist gallery.
Artist live/work space.
Artist studio.
Art glass studio.
Art supply store.
Assembly hall.
Bakery, limited to baking of food predominately sold in the City of Rolla/Phelps County.
Barber or beauty shop, cosmetics store.
Bed & breakfasts.
Book and music stores.
Café/restaurants (includes bars with food, live music and/or dancing; micro breweries; Wine bistro). Drive-through facilities shall not be permitted.
Coffee shops/tea room.
Dance studio.
Dressmaking or tailor shop.
Garden – florist and plant stores.
Gift/card shops, novelty and souvenir shop.
Hand crafted home décor.
Health food stores, exercise studio.
Ice cream/candy shops.
Import stores.
Jewelry stores.
Museum (historical).
Pet store and grooming in a completely enclosed building.
Photography studio and galleries, camera store.
Tobacco, pipe, cigar and accessories store.
Vintage clothing stores. (Ord. 3946)

Sec. 42-231.5. Site Plan Review.

The review and approval of a site plan, as specified under Division 16, Conditional Use Permits, Section 42-234, shall be required for any new building construction or the renovation of or addition to any building where the total cost of renovation or addition shall exceed seventy five (75) percent of the building's current market value. (Ord. 3946)

Sec. 42-231.6. Parking.

Required parking spaces may be shared with other uses to meet all or a portion of the parking requirement for the uses on a lot, provided these spaces are located in the RA&ED or within two blocks of the district. The respective cooperating property owners shall execute an agreement that identifies the designated parking spaces and specifies the time of day when they shall be available. This agreement shall be filed with the Community Development Department. (Ord. 3946)

Sec. 42-231.7. Sign Standards.

Only on-premise signs are permitted. Signs may be internally illuminated, but shall not use blinking, flashing, animated, or other illuminating devices which alters light intensity. No beacons or strobe lights shall be permitted.

One (1) detached sign may be used by each premise containing a multi-family use with three (3) or more housing units, an artist's live/work space, or a permitted non-residential use. No detached sign shall exceed thirty five (35) square feet in effective area or be located five (5) feet above the ground area upon which the sign is located.

One (1) attached flush mounted wall sign may be used on each building. The sign shall not exceed twenty five (25) square feet in effective sign area. (Ord. 3946)

Sec. 42-231.8. Litter Control.

Waste cans, dumpster units, or other forms of litter control and refuse disposal devised shall be placed on the site in a location where they are least visible from a public right-of-way. Each litter control device shall be enclosed so that no part of the device shall be visible from public right-of-way or from adjoining properties. (Ord. 3946)

Sec. 42-231.9. Other Zoning Regulations.

All property in the area shall continue to be zoned as shown on the Official Zoning Map until such time as the City Council shall vote to modify the Official Zoning Map pertaining to individual lots. (Ord. 3946)

Sec. 42-232. Family Entertainment and Recreation Complex – Purpose

It is hereby declared to be the policy of the City of Rolla, Missouri to license and regulate Family Entertainment and Recreation Complexes for the purpose of preserving and caring for the safety, health, comfort and general welfare of residents and visitors who may be attracted to and use such a facility, having in mind that many young persons require more care and attention than those of a more mature age. These rules are fashioned to the end that order may be maintained, property protected and the purpose, specified above, preserved. (Ord. 4090, §1)

Sec. 42-232.1. Definitions.

For the purposes of interpretation and enforcement, and unless the context requires otherwise, words and terms used in this section shall have the meanings ascribed to them as follows:

Family Entertainment and Recreation Complex (FERC): A for profit business primarily engaged in the provision of multiple and diversified recreation and entertainment venues designed to support a range of entertainment and recreational needs of varied age groupings. Specific services or activities in a FERC may include a variety of complementary, mixed uses, such as movie theaters or other theatre, billiard or pool rooms, arcade games, laser tag, ball pit, snack bar/restaurant (with or without liquor sales, establishments offering mechanical or electronic amusement devices, bowling alley, ice or roller rink, miniature golf, concerts, dancing, and all other similar places of entertainment or recreation.

Mechanical or Electronic Amusement Devices: Any machine, which, upon the payment of a charge or upon the insertion of a coin, slug, token, disc, etc. may be operated by the public as a game, entertainment, or amusement, whether or not registering a score. This definition includes electronic video games, marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic driving machines, electronic baseball, football, hockey or basketball machines, any and all air–propelled machines or games, shooting games, billiard/pool tables, snooker table, foosball, and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated. This definition does not include any devise the possession or use of which is prohibited by law. The above enumeration devices shall not be deemed to be exclusive.

Billiard or Pool Hall: Any premise, business, or establishment that maintains six (6) or more regulation billiard or pool tables available for public use.

Operator: Any person, firm, corporation, partnership, or association or club who sets up for operation by another or leases a FERC.

Proprietor: Any person, firm, corporation, partnership, or association or club who as the owner and /or lessee has under his or its control a FERC

(Ord. 4090, §1.1)

Sec. 42-232.2 License Required; Application and Fee.

No person, corporation, partner, association, trust or firm shall engage in the business of a FERC in Rolla without obtaining a FERC business license (and an alcohol sales license if alcohol is sold and/or consumed on site); if alcohol is sold and/or consumed on site it shall be permitted only if sales do not exceed fifty (50) percent or more of the business's gross income derived from all business activity on premise;
All applications for a FERC license shall be in writing in a manner required by the Finance Director, signed and sworn to by the applicant and shall set forth:
1. The name, mailing address, email address, and telephone number (including cell phones), of all applicants;
2. The physical address of the FERC location;
3. A description of the number, types, location and age level to be served by each mechanical or electronic amusement devises to be used in the FERC;
4. Submission of a security and safety plan to the Fire Marshal and Chief of Police for review.
5. A parking space layout showing the minimum number of spaces and location;
6. Proposed hours of operation;
7. The maximum number of persons permitted to occupy the FERC at any time under any situation, as determined by the Codes Administrator and Fire Marshal;
8. A completed liquor license application, if applicable;
9. Additional information as may be necessary in order for the Finance Director to make a determination required by this sub-section.
Upon receipt of a completed license application for a FERC and after approval for zoning compliance by the Codes Administrator, the Finance Director shall cause an inspection of the premise to be made by the Fire Marshal/Codes Administrator to determine whether the applicant has complied with the ordinances they are charged with enforcing. The Fire Marshal/Codes Administrator and members of his staff shall have the right to enter upon any premise for which a FERC is sought for the purpose of making such an inspection during normal business hours. Further inspections of the premises may be made after a license has been issued if deemed necessary by the Finance Director in coordination with the Codes Administrator and Fire Marshal.
No FERC license shall be issued to any person who has pled guilty to or been convicted of any Class A felony.
Applications for renewal shall be received by the Finance Director at least sixty (60) days before expiration and shall be in the form as required for the original license. If the license is denied, the Finance Director shall notify the holder of the license of the reasons for denial upon which this determination was made in writing not later than thirty (30) days before expiration of the license.
Each license granted hereunder shall be valid for a term of twelve (12) months from the date of issuance, unless revoked or suspended. Fees paid for less than a full year shall be prorated on a quarterly basis. Fees are otherwise non-refundable.
The initial application for a FERC license shall be accompanied by an application fee of two hundred dollars ($200). The annual license renewal fee shall not exceed one hundred dollars ($100) if the mechanical or electronic amusement devices available in the FERC have not been changed over the previous twelve (12) month term.

(Ord. 4090, §1.2)

Sec. 42-232.3. Operation Requirements for a FERC.

The following rules and regulations shall apply to the operation of a FERC in Rolla:

Nothing in this sub-section shall be construed to permit any person to conduct, sponsor, or operate any FERC, which is not allowed under the Rolla Planning and Zoning Code. A FERC may be located in a C-2 (general retail district) as a conditional use. A FERC shall not be located within one hundred (100) feet of a school or church.
Nothing in this sub-section shall be construed to permit any person to conduct, sponsor, or operate any FERC, which creates a nuisance.
No minor under the age of fourteen (14) shall be allowed to operate any mechanical or electronic amusement device in a FERC unless such minor is accompanied by a parent or guardian or during the hours when such person's school is in session. Such a restriction notice shall be posted in a conspicuous place near the entrance to the FERC.
No cash rewards shall be offered or given in any contest, tournament, league or individual play or on any mechanical or electronic amusement device; and no such device shall be permitted to operate if said device delivers or may readily be converted to deliver to the player any coins, slugs, or tokens, unless such coins, slugs, or tokens can only be used to purchase prizes from an onsite store. They cannot be redeemed for cash.
The licensee of any FERC shall comply with all provisions of federal, state, or local laws and ordinances pertaining to the operation and maintenance of a FERC.
The operator and/or proprietor of a FERC shall comply with all notices, rules, and regulations of the City of Rolla governing the occupation and use of a FERC.
The issued license for a FERC shall be posted in a conspicuous place within the FERC.
The operator or proprietor of a FERC shall not permit at any time a greater number of persons within the FERC than capacity as approved by the Fire Marshal/Codes Administrator and set forth on the FERC license form.
The operator and/or proprietor of a FERC shall maintain good order at all times in the FERC including onsite-parking areas. The lack of good order shall include fighting and rowdy behavior, gambling, illegal, or excessive consumption of alcoholic beverages, and any other illegal drug use onsite.

(Ord. 4090, §1.3)

Sec. 42-232.4. Revocation or Suspension of a FERC License.

Every FERC license issued under authority of this ordinance is subject to the right, which is hereby expressly reserved, to be revoked or suspended should the operator or proprietor, directly or indirectly, permit the operation of any FERC, including any mechanical or electronic amusement device contrary to the provisions of this ordinance or the laws of the State of Missouri. Revocation or suspension of a FERC license may also be caused where the applicant for the license has knowingly or negligently made false or misleading statements when applying for this license. Failure to comply with all other statutes, codes, or ordinances, particularly building and fire codes, shall be a justification for revocation or suspension of a FERC license. (Ord. 4090, §1.4)

Sec.42-232.5. Request for Hearing.

Any person aggrieved by the denial of a license to operate a FERC or denial of the renewal of such license, may request a hearing before City Council, at which hearing such person shall be afforded the opportunity to be heard on all facts or issues involved. The request for a hearing must be made in writing no less than ten (10) days following the denial and sent by certified mail to the City Administrator. The City Administrator shall, upon receiving a request for a hearing shall schedule a hearing not later than fifteen (15) days from the date of actual receipt of the request and shall notify all parties of the time and place thereof. The City Council shall have ten (10) days following the date of the hearing to render a decision in writing. A request for a hearing shall stay any license revocation or suspension until such time as a hearing has been held and a decision rendered therein; provided, however, that if the Chief of Police or the Fire Marshal has found that a public safety imperatively requires emergency action, the license shall continue to be summarily suspended pending a hearing and decision in accordance with this section. (Ord. 4090, §1.5)

Sec.42-232.6. Penalties for Offenses.

Any person who shall act as a FERC operator without a valid license or who shall violate any of the provisions of this code or who shall continue to act subsequent to the revocation of his license shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred ($300) dollars per day, for each day of noncompliance. (Ord. 4090, §1.6)

Sec. 42-232.7. Exemptions.

This ordinance shall not apply to, and no license required for, the operation of a FERC of the kind herein specified:

Wherein the proceeds there from are to be devoted exclusively to charitable, benevolent or religious purposes.
Where the operation thereof is upon the property and premises of a private membership club and for the benefit of its members or their guests; provided, that said exemption will terminate if said private membership club operates any device for the use or enjoyment of the general public.
Any business that could be classified as a FERC that has been legally conducting business at the same location for a minimum of five (5) years are exempted from FERC licensing requirements. The exemption will be terminated if the business relocates to another location. (Ord. 4090, §1.7)

Sec. 42‑233.01 Standards for Medical Marijuana Dispensaries

No Building shall be constructed, altered or used for a Medical Marijuana Dispensary without complying with the following regulations in this subchapter:

No Medical Marijuana Dispensary shall be located within 500' (five hundred feet) of a then existing elementary or secondary school, child daycare center, or church*. Measurement shall be in a method consistent with the city's existing liquor license measurement standard.
* "Then existing" shall mean any school, child day-care center, or church with a written building permit from the city to be constructed, or under construction, or completed and in use at the time the prospective state applicant for a Medical Marijuana Dispensary first notifies the City of Rolla of the applicant's contingent legal right to operate at the proposed location by putting the subject property under contract.
Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Medical Marijuana Dispensary building.
Hours of Operation*. All sales or distribution of Medical Marijuana and any other products sold to the public through a Medical Marijuana Dispensary shall take place between the hours of 8:00 a.m. and 8:00 p.m., Monday – Sunday. Medical Marijuana Dispensaries shall be secured and closed to the public after the hours listed in this subsection and no persons not employed by the Medical Marijuana Dispensary may be present in such a facility at any time it is closed to the public.
Display of License Required. The Medical Marijuana Dispensary license issued by the State of Missouri shall be prominently displayed in a highly visible location, easily seen by patients on the dispensary's sales floor.
Site Plan Review. Any plans for a Medical Marijuana Dispensary shall meet the standard new construction requirements.
Spacing. No Medical Marijuana Dispensary shall be operated or maintained within 500' (five-hundred feet) of another Medical Marijuana Dispensary except when marijuana sales represent less than 5% of the dollar volume of a state or federally licensed pharmacy. (Ord. 4488, §6)

Sec. 42‑233.02 Standards for Medical Marijuana-Infused Products Facility

No building shall be constructed, altered or used for a Medical Marijuana-Infused Products Facility without complying with the following regulations:

Distance Requirement. No Medical Marijuana-Infused Products Facility using any shall be located within 500' (five-hundred feet) of a then existing elementary or secondary school, licensed child day care center, or church*.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any Medical Marijuana-Infused Products Facility during regular business hours.
Hours of Operation. All Medical Marijuana-Infused Products Facilities shall be closed to the public, between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
Display of License Required. The Medical Marijuana-Infused Products Facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.
Site Plan Review Required. Any plans for a Medical Marijuana-Infused Products Facility shall meet standard new construction requirements. (Ord. 4488, §6)

Sec. 42‑233.03 Standards for Medical Marijuana Cultivation Facility

No building shall be constructed, altered or used for a Medical Marijuana Cultivation Facility without complying with the following regulations:

Distance requirement. No Medical Marijuana Cultivation Facility shall be located within 1,000' (one thousand feet) of a then existing elementary or secondary school, state-licensed child daycare center or church*.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least 10 feet in height, not including the razor wire.
Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any Medical Marijuana Cultivation Facility during regular business hours.
Hours of Operation. All Medical Marijuana Cultivation Facilities shall be closed to the public, between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
Display of Licenses Required. The Medical Marijuana Cultivation Facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.
Site Plan Review Required. Any plans for an indoor "Medical Marijuana Cultivation Facility" shall meet the standard new construction requirements of the "Heavy Manufacturing District" outlined in this Title. Any outdoor "Medical Marijuana Cultivation Facility" shall meet the standard requirements for any other crop, except as otherwise set forth herein. No outdoor "Medical Marijuana Cultivation Facility" shall be permitted within 1,000' (one thousand feet) of a then existing elementary or secondary school, state-licensed child daycare center or church* or within 1,000' (one thousand feet) from any residentially zoned property. (Ord. 4488, §6)

ARTICLE III ZONING

DIVISION 16. CONDITIONAL USE PERMITS

Sec. 42-234. Purpose of Conditional Use Permits

The conditional use permit procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish uses or construct structures which may not be specifically allowed in a given zoning district, but may be deemed desirable or in the public interest to locate in that zoning district. The purpose of the review is to determine whether the proposed location of the use or structure is consistent with the overall intent of the zoning district regulations and to permit the imposition of conditions designed to minimize or mitigate potential adverse effects. Conditional Use Permits do not constitute a zoning change and only allow for a designated use, on a specific lot or tract, within the established zoning district. Conditional Use Permits shall not be required within the Planned Unit Development "PUD" District. (Ord. 3414)

Sec. 42-234.1. Procedures.

In order for an applicant, who may be the property owner(s) or any person having a contractual interest in the subject property, to initiate the review process for the approval of a Conditional Use Permit, the applicant or an agent of the applicant must submit a Conditional Use Permit application, a site plan, and the Conditional Use Permit application fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code. The application and site plan shall contain the information described below.

The Conditional Use Permit application shall contain the following information:

The names, addresses, signatures, and contact information for both the applicant and, if applicable, the agent of the applicant.
The legal description of the property;
The zoning classification and present use of the property;
A description of the proposed conditional use;
A Site Plan in accordance with this Section;
A statement describing how the proposed conditional use will comply with the applicable standards of this Section; and
A statement describing how the proposed conditional use is to be designed, arranged, and operated will be submitted in order to ensure that future development, which is consistent with District regulations, will not be prevented or made unlikely and that the value, use, and reasonable enjoyment of such property will not be impaired or adversely affected.

Site Plan content.
1. Approximate location of proposed and existing designated uses or buildings and other structures, including adjoining property, as well as parking and open areas shall be indicated for the proposed conditional use and adjacent property;
2. Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Flood plain areas shall be delineated;
3. Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping/screening plan;
4. An elevation view of the site showing preliminary building form ( new construction only);
5. Proposed ingress and egress to the site, including right‑of‑way and pavement width for proposed and existing streets;
6. A plan for the provision of sanitation and drainage facilities;
7. The location, lighting and type of signs and the relationship of signs to traffic control;
8. The location and number of required off‑street parking areas; and
9. The location of existing utilities.

(Ord. 3414; Ord. 4401, §§15-16)

Sec. 42-234.2. Burden of Proof/Standards.

In presenting any application for a Conditional Use Permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following standards:

The proposed conditional use complies with all applicable provisions of the applicable District regulations.
The applicant has demonstrated through the provision of a traffic impact study or other acceptable method that the proposed conditional use at the specified location will not adversely affect the safety of the motoring public and pedestrians using the facility and surrounding area from traffic congestion or other hazards.
The location and size of the conditional use, the nature and intensity of operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning District regulations or the policies of the Rolla Comprehensive Plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

The location, nature and height of buildings, structures, walls, and fences on the site,
The nature and extent of proposed landscaping and screening on the site,
The noise characteristics of the use compared to the typical use in the District and any reduction solutions;
The potential glare of vehicles and stationary lights on site and any measures employed to mitigate their impact;
Sign location, type, size, and lighting, and
The impact on or potential interference with any easements, roadways, driveways, rail lines, utilities and storm water management systems. Off-street parking and loading areas will be provided in accordance with the standards set forth in this Article.

Adequate utility, drainage, and other such necessary facilities have been or will be provided.
The proposed uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential, convenient, or desirable to preserve and promote the public health, safety, and general welfare of the City of Rolla. (Ord. 3414)

Sec. 42-234.3. Public Hearing.

The Planning and Zoning Commission in accordance with the provisions of this Article shall hold a public hearing on the application for a Conditional Use Permit.
Subsequent to the public hearing, the Community Development Director shall certify that the application is complete and shall prepare a report to the Planning and Zoning Commission. Upon receipt of said report and after the holding of a Public Hearing, the Commission shall recommend to the City Council approval or denial of the Permit. (Ord. 3414)

Sec. 42-234.4. Approval or Denial of a Permit by the Planning and Zoning Commission.

In recommending approval of conditional uses, the planning and Zoning Commission shall impose such conditions as it determines necessary. Said conditions shall include but not be limited to the following:
1. Permitted uses, including maximum floor area;
2. Performance standards;
3. Height limitations,
4. Minimum yard requirements;
5. Off-street parking and loading requirements;
6. Sign regulations;
7. Minimum requirements for Site Plans; and
8. Time limitations for commencement of construction.
Upon denial by the Planning and Zoning Commission of an application for a Conditional Use Permit, the Community Development Director shall notify the applicant of such recommendation. If no appeal is filed, the application shall be deemed denied. No subsequent application for a Conditional Use Permit with reference to the same proposed use shall be filed by any applicant until the expiration of twelve (12) months after the denial. (Ord. 3414)

Sec. 42-234.5. Appeal of Denial Recommendation.

Upon the recommendation of denial by the Planning and Zoning Commission of an application, the applicant may file an appeal with the City Council requesting a determination by that body. A Notice of Appeal shall be filed within ten (10) days after the Commission's hearing is concluded. An appeal shall be in writing and shall be filed in duplicate with the City Clerk. The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in these regulations. (Ord. 3414)

Sec. 42-234.6. Protest of the Commission's Decision.

A protest against a proposed Conditional Use Permit may be filed in accordance with the provisions of this Article that address protest petitions for zoning cases. (Ord. 3414)

Sec. 42-234.7. City Council Review.

In any case, subsequent to proper notification as described above, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. (Ord. 3414)

Sec. 42-234.8. Permit Effective-When.

The Conditional Use Permit shall become effective upon approval by the City Council. In the event that some additional approval is required by some other governmental authority or agency, the permit request shall not be acted upon until that approval is received. (Ord. 3414)

Sec. 42-234.9. Final Site Plans.

Subsequent to the effective date of the Conditional Use Permit, a Final Site Plan shall be submitted for review by the Community Development Director to determine compliance with the specified conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit shall be issued prior to the effective date of the Final Site Plan. The Final Site Plan shall be retained on file in the office of the Community Development Director. (Ord. 3414)

Sec. 42-234.10. Procedure to Amend a Conditional Use Permit or Site Plan.

In order to amend an existing Conditional Use Permit or to amend the Site Plan approved for a Conditional Use Permit, the following procedures shall be executed:

To amend a Conditional Use Permit
1. The property owner or his/her/their agent shall submit a Conditional Use Permit Amendment application to request amendments to such a permit's conditions. The Community Development Director shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing. A report shall be formulated that outlines the findings of such an analysis.
2. The Community Development Director shall then forward the request and his/her report to the Planning and Zoning Commission. The Commission shall review the proposed amendments and file a report with the City Council in which the Commission shall recommend to grant, deny, or modify the requested condition amendments. If the Commission determines that the requested amendments are not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, the Commission may require that a new public hearing on the matter be held. If a new public hearing is ordered for the amendment, the amendment becomes a major amendment and the applicant must pay the major amendment fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
To amend the Site Plan:
1. The property owner or his/her/their agent shall submit a Conditional Use Permit Amendment application and an amended Site Plan in order for such an amended Site Plan to be considered for approval. The Community Development Director shall evaluate the request for consistency in purpose and content with the nature of the proposal as originally approved by the City Council.
2. If the Community Development Director determines that the proposed amendment to the Site Plan is not in conflict with the Final Site Plan and meets all conditions of the Conditional Use Permit, the Community Development Director may approve said amended Plan. The approved Site Plan shall be retained on file in the office of the Community Development Director.
3. If the Community Development Director determines that the amended Site Plan is not consistent in purpose and content with the Final Site Plan, the Community Development Director shall report this conclusion to the applicant and the Planning and Zoning Commission. In which case, the entire review process for the submittal of Conditional Use Permits shall be conducted for the amendment's approval. If the entire Conditional Use Permit approval process is required for the amendment, the amendment to the site plan becomes a major amendment and the applicant must pay the major amendment fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 4401, §§17-18)

Sec. 42-234.11. Time Limit of Conditional Use Permits.

Conditional Use Permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the Conditional Use Permit be reviewed by the City Council, which may extend it for an unlimited period or for a specified additional period of years. (Ord. 3414)

Sec. 42-234.12. Failure to Commence Construction.

Unless otherwise stated in the Conditional Use Permit, substantial work or construction shall commence within one (l) year of the effective date of the permit, unless such time period is extended through appeal to the City Council. If no extension of time is granted the permit shall terminate. (Ord. 3414)

Sec. 42-235. Bed and Breakfasts-Purpose.

The purpose of these requirements is to minimize any possible adverse effects of a bed and breakfast on the surrounding neighborhood while providing opportunities to make better use of existing housing, particularly larger, older houses located on major streets. (Ord. 3414)

Sec. 42-235.1. Approval Standards.

(a) All applicants for a Conditional Use Permit for bed and breakfasts shall comply with the following requirements:
1. The use shall front on a collector street or higher classification street;
2. The number of proposed guest rooms in the bed and breakfast shall be stated in the Conditional Use Permit application;
3. Only short-term lodging shall be permitted, no monthly rentals.
4. There shall be no individual cooking facilities.
5. The facilities may be rented for receptions, parties, weddings or similar activities. Potential negative impacts, including, but not limited to, traffic, parking and noise, shall be addressed in the use permit application.
6. One (1) additional paved parking space per guest room shall be provided in the rear yard.
7. The operator shall live at the bed and breakfast.
8. Only resident's guests shall be served meals.
9. One (1) sign no larger than six (6) square feet shall be permitted. Signs may be illuminated.
10. A business license shall be obtained annually.
11. No bed and breakfast shall be located within three-hundred (300) feet of another bed and breakfast as measured along continuous public street rights-of-way from all streets abutting the bed and breakfast property, nor shall a bed and breakfast be located on property that abuts property on which another bed and breakfast is located. (Ord. 3414)

Sec. 42-236 to 42-238. Reserved.

DIVISION 17. OFF-STREET PARKING

Sec. 42-239. Parking Spaces Provided.

In all zoning districts off-street parking facilities shall be provided for the temporary storage or parking of motor vehicles for the use of occupants employees and patrons of buildings or structures constructed after the effective date of this Ordinance. (Ord. 3414)

Sec. 42-239.1. Parking Space Defined and Computed.

A "parking space" shall mean a space of approximately two hundred (200) square feet, exclusive of drives or aisles giving access thereto, accessible to streets or alleys or aisles leading to streets or alleys and to be usable for the storage or parking of motor vehicles. Truck loading and unloading space as may be required by ordinance shall not be construed as supplying required off-street parking space. When a determination of the number of parking spaces required by this Division results in a fractional space, the fraction shall be counted as one (1) parking space. (Ord. 3414)

Sec. 42-239.2. Shared Parking Areas.

The parking spaces required of two (2) or more uses located on the same lot may be combined and used together, however the aggregate number of off-street parking spaces required for all such uses shall be provided. (Ord. 3414)

Sec. 42-239.3. What Various Terms Include.

Floor Area: In the case of offices, merchandising or service types of uses shall mean the gross floor area used or intended to be used for a service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise, for show windows, or for offices incidental to the management or maintenance of stores or buildings. Floors or parts of floors used principally for toilet or rest rooms or for utilities, or for fitting rooms, dressing and alterations rooms, halls, storage rooms, file rooms, stairways, elevators shall be excluded.
Hospital Beds: In hospitals, bassinets shall not be counted as beds.
Seating Space: In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty (20) lineal inches of such seating facilities shall be counted as one seat for the purpose of determining requirements hereunder.
Number of Employees: The number of employees shall be computed on the basis of the greatest number of persons to be employed at any one period during the day or night. (Ord. 3414)

Sec. 42-239.4. Cooperative Parking Facilities.

A Cooperative Parking Plan may be approved by the City to allow more flexibility in the provision of required parking facilities. In this instance, not more than fifty (50) percent of the off-street parking spaces required for a use or structure may be located on another site or lot. A Cooperative Parking Plan shall only be approved when the schedules of operation of all uses subject to the Plan are sufficiently staggered such that they are not normally open, used, or operated during the primary operating hours of the other uses. The use of shared parking shall not be a matter of right, it being intended that the City shall have discretion to approve a Cooperative Parking Plan based on the review of plans and other information submitted by the applicant subject to the requirements for off-street parking in this Division. (Ord. 3414)

Sec. 42-239.5. Cooperative Parking Plan Application.

The owners of the entire land area to be included in the Plan shall file an application for a Cooperative Parking Plan with the Community Development Director. The application shall include plans showing the location of the use, buildings, or structures for which shared off- street parking spaces are to be provided, the location and layout of the parking area, and a parking demand schedule. A parking demand schedule shall include:

The hours of operation of each building, structure, or use which is to be party to the Cooperative Parking Plan, and
The projected parking demand for each building, structure, or use during each hour of the day for a typical week. Hourly parking demand may be averaged for week days, but shall be separately stated for Saturday and Sunday. (Ord. 3414)

Sec. 42-239.6. Cooperative Parking Plan Approval/Amendment.

Cooperative Parking Plans may be amended or withdrawn, pursuant to the process for the initial approval, provided that all parties to the Cooperative Parking Plan consent and that the parking regulations of this Division are substantially satisfied. (Ord. 3414)

Sec. 42-239.7. Location of Parking Facilities.

Except for parking facilities that have been approved through cooperative parking plans, parking spaces and driveways shall be fully contained on the same premises as the building or land use it is required to serve. Shared driveways and other types of driveways may be used if each lot using another lot for access has been issued the appropriate access easement(s) that allow them to cross another’s property. (Ord. 4428, §§15-16)

Sec. 42-239.8. Nonconforming Parking and Applicability.

The exceptions to and the applicability of parking regulations and standards is as follows:

Unless otherwise exempt, new buildings and land uses shall conform to all current parking regulations and standards.
A zoning inspection for a business license that results in a change of use (as listed in the permitted/conditional use lists of each district, not as described in building codes), increase of intensity of use, or the establishment of a new use shall only be approved if, in addition to the use regulations being met, the current parking regulations and standards are met. However, lots with buildings that have existed for at least five years (determined by final inspection date or County Assessor information) shall not be required to increase the number of parking spaces that such requests may induce if the lot or parcel is fully built-out with parking (i.e. cannot construct more parking without reducing its building footprint or required landscaping). No zoning inspections for business licenses shall be approved by the Community Development Department, nor shall any sign permits be issued, nor shall the approval of a final building inspection be given until the parking is installed.
Requests for additions and expansions to existing structures and for the construction or placement of new primary and accessory buildings shall not be permitted if the lot on which such buildings exist are not able to accommodate the increased parking requirements that are induced by such requests. If the lot or parcel is not fully built-out with parking, it must come into conformance with parking regulations and standards before building permits for such additions are finalized.
A temporary seasonal use, such as snow cone stands and fireworks stands shall not be required to provide additional parking spaces to the parking spaces that are already located on the parcel on which it would be located, if that lot is fully built-out with parking. (Ord. 4428, §§17-18)

Sec. 42-240. Required Parking Spaces.

Residential and Lodging Uses:
1. Single-family attached and detached, two family, manufactured homes where permitted: 0.66 parking spaces for each bedroom with a minimum of two parking spaces for two bedroom units and above. Actual parking spaces will be rounded up over .5 spaces and rounded down under .5 spaces.
2. Multi-family dwellings: 0.66 spaces for each bedroom with a minimum of two parking spaces for two bedroom units and above. Actual parking spaces will be rounded up over .5 spaces and rounded down under .5 spaces.
3. Boarding. rooming and lodging houses: One (1) for each lodging room.
4. Dormitories fraternities, single student housing, and sororities: Two (2) for each three (3) occupants based on the capacity of the building plus any additional parking required for public assembly requirements of this Section.
5. Hotels and motels: One (1) for each sleeping room, plus any spaces required for accessory uses such as restaurants, cocktail lounges, meeting rooms, etc.
  (Ord. 4214, §1)
Business and Commercial Uses:
1. Restaurants: One (1) for each three (3) seats provided for patrons use for restaurants, including night clubs, lunch counters, diners and all other similar dining or drinking establishments with no pick-up or drive thru service. Restaurants with pick-up service or drive-in facilities, including seasonal shaved ice or ice cream stands, shall provide at least one off-street parking space for every one hundred (100) feet of gross floor area, and in no case less than six (6) off- street parking spaces.
2. Business or professional offices: One (1) for each two hundred (200) square feet of total building floor area used or intended to be used for service to the public or as workspace for employees
3. Retail or mercantile establishments: One (1) off-street parking space for each one hundred fifty (150) square feet of gross floor area used or intended to be used for service to the public as customers, patrons and clients
4. Retail establishments over 80,000 square feet: One (1) for each three hundred (300) square feet of total building floor area, excluding on-site warehouse space not used for the display of goods for sale.
Industrial and Warehouse Uses:
1. Manufacturing uses: Two (2) for each three (3) employees.
2. Cartage and express facilities: Two (2) for each three (3) employees, plus one (1) for each vehicle kept on the premises.
3. Terminal facilities: Two (2) for each three (3) employees, plus one (1) for each truck or semi- trailer kept on the premises.
4. Warehouse facilities: One (1) for each employee, plus one (1) for each vehicle kept on the premises.
Schools, Institutions and Places of Public Assembly:
1. Places of public assembly: One (l) for each four (4) seats or fifty (50) square feet of building space used or intended to be used for assembly by the public, whichever is greatest.
2. Indoor Tennis. health clubs racquetball clubs: One (1) for each two hundred fifty (250) square feet of floor area.
3. Private schools: One (1) for each eight students, plus one (1) for each employee.
4. Hospitals: One (1) for each bed for inpatient care facilities and one (1) for each two hundred fifty (250) square feet of total building floor area.
5. Day care centers and nursery schools: One (l) for each employee and one (l) for each five (5) children.
6. Nursing homes and similar facilities: One ( 1 ) for each three beds plus one ( 1 ) for each two (2) employees.

(Ord. 3414)

Sec. 42-241. Parking Area Surface.

Except for accepted gravel, driving surfaces in the Rural Residential District, every parking and/or driving surface area shall be paved with an all-weather surface. Such requirement shall only apply to areas used for parking or on-site traffic circulation. The exits and entrances shall be approved by the City Engineer. Driving surfaces shall be constructed to meet the requirements of existing or developed soil conditions of the site. These areas shall be constructed with a crushed stone base course and an asphaltic concrete wearing surface. Both courses must be compacted to a density of not less than ninety-five percent of the standard compacting test. In lieu thereof, the parking and/or driving surface area may be constructed of a Portland concrete wearing course. As a minimum, the pavements shall meet the requirements of cul-de-sac as outlined in the current City design standard manual. The developer shall be responsible for determining any site soil conditions and the selection of the pavement used. If weather conditions limit the completion of the parking lot at the time of the issuance of a certificate of occupancy, the owner may, with the approval of the City Engineer, post a performance bond with the City to guarantee the completion of this work. (Ord. 3414; Ord. 3611, §7; Ord. 3748, §11; Ord. 4428, §§19-20)

Sec. 42-241.1. Parking Area Lights.

Any lights used to illuminate parking areas shall be so arranged and hooded as to confine all direct light rays entirely within the boundary lines of the parking area. (Ord. 3414)

Secs. 42-242 to 42-243. Reserved.

DIVISION 18. SIGNS.

Sec. 42-244. Purpose of Sign Regulations.

The purposes of these sign regulations are: (1) to encourage the effective use of signs as a means of communication in Rolla; (2) to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; (3) to promote pedestrian and traffic safety; (4) to minimize the possible adverse effect of signs on the enjoyment and economic value of nearby public or private property; (5) to preserve the right of free speech and expression; (6) and to enable the fair and consistent enforcement of these restrictions. (Ord. 3414; Ord. 4453, §2)

Sec. 42-244.1. Definitions.

Balloon Sign: A lighter-than-air, gas-filled balloon, tethered in a fixed location, which may or may not contain an advertisement message on its surface or attached to the balloon in any manner.
Banner: Any cloth, bunting, plastic, paper, or similar non-rigid material attached to any structure, staff, pole, rope, wire, or framing that is anchored on two or more edges or at all four corners, or by one edge when not on a pole or staff. Banners do not include flags.
Changeable Copy Sign: A sign with the capability of content change by means of manual or remote input, includes the following types:

Manually Activated - Changeable sign whose message copy or content can be changed manually on a display surface.
Electrically Activated - Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface.

Decorations: Displays (including lighting) that are a non-permanent installation for one-time or yearly events.
Electronic Message Center or Sign (EMC): An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. EMCs typically use light emitting diodes (LEDs) as a lighting source. Any reference to EMC also refers to electrically activated changeable copy signs.
Feather Flags (Also known as advertising flags, flag banners, swooper flags, flutter flags, blade flags, sail flags, bow flags, tear drop flags): These advertising tools come in the form of a long, narrow, lightweight canvas or other non-rigid material that is attached to a flexible pole (generally) that can be placed into the ground or attached to a weighted stand that allows them to be portable. The shape of the canvas usually resembles a feather or tear drop or a sail with its long side attached to the pole and perpendicular to the ground. Feather flags are temporary in nature and do not include flags or banners.
Flag: Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols and is attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.
Flashing Signs: Signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination. Generally, a message is continuously repeated, with the sign used as an attention-getting device.
Freestanding Signs: A sign supported by structures or supports that are placed on, or anchored in the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:

Ground Sign (Also known as monument sign): A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.
Pole Sign: A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure. This definition includes pylon signs.
Temporary Freestanding Sign: A freestanding sign that is not anchored in the ground or supported by a structure that is anchored in the ground or a freestanding sign that is easily removed from the ground by hand, such as h-frame lawn signs. This type of sign does not include balloon signs, inflatable signs, feather banners, sandwich board signs, vehicular signs, animated/electronic signs, mechanical movement signs, or revolving signs.

Frontage, Building: The length of an exterior building wall or structure of a single premises along the public's rights-of-way.
Frontage, Property: The length of the property line(s) of any single premises along a public street. When the word "frontage" is used alone, it refers to property frontage.
Illumination: A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.

External Illumination: Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.
Internal Illumination: A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this ordinance.

Illuminated Sign: A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
Inflatable Sign: A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.
Internal Signs: Any on-premises sign located entirely within a building.
Mechanical Movement Sign: A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement, such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.
Off-Premises Sign (Also known as a third-party sign, billboard, or outdoor advertising): An outdoor sign that contains a message or messages that directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a non-commercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located.
On-Premises Sign: A sign that contains a message or messages and design that relates to an individual business, profession, product, service, event, point of view, or other commercial or non-commercial activity sold, offered, or conducted on the same property where the sign is located.
Permanent Sign: A sign attached or affixed to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and its intended use appears to be indefinite.
Portable Sign: Portable signs are signs that are designed to be transported or moved and not permanently attached to the ground, a building, or other structure. The following types of signs are portable signs.

Sandwich Board Sign (Also known as A-frame sign): A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and its message is targeted to pedestrians. Includes a board sign on a stand instead of hinged.
Vehicular Sign: A sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.

Premises: The lot or lots, plots, portions, or parcels of land considered as a unit for a single use or development, whether owned or leased.
Projecting Sign (Also known as a blade sign): A building-mounted, double-sided sign with the two faces generally perpendicular to the building wall. Signs and banners that hang from a canopy, awning, or roof shall be considered projecting signs.
Revolving Sign: A sign which revolves in a circular motion; rather than remaining stationary on its supporting structure.
Roof Sign: A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. When permitted, a roof sign will be considered a wall sign for the purpose of calculating maximum sign area.
Sign: Any device, structure, fixture, painting, emblem, or visual that uses words, graphics, colors, illumination, symbols, numbers, or letters for communicating a message. A sign includes the sign faces as well as any sign supporting structure
Sign Area or Face: The area of a sign enclosed by the perimeter upon which sign copy is placed. The computation details are described below:

Where the sign consists of individual letters, designs, or symbols that are attached individually and directly upon a wall without a change in color or appearance of the surface background, the area shall be that of the smallest rectangle which encompasses all of the letters, designs, and symbols.
In the case of panel or cabinet type signs, the sign area shall include the entire area of the sign panel or cabinet upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border.
Only one side of a double-sided sign shall be considered when determining the sign area if the faces are equal in size and the interior angle formed by the faces is zero degrees.
Where the faces of a double-sided sign are not equal in size, but the interior angle formed by the faces is zero degrees, the larger sign face shall be used as the basis for calculating sign area.
When the interior angle of a double-sided sign formed by the faces is greater than zero degrees, all sides of such sign shall be considered in calculating the sign area.
The sign area for signs that are (or include) a three-dimensional object is calculated as the sum of two adjacent vertical faces of the smallest cube encompassing the sign or object.

Sign Copy: The letters, figures, characters, representations, pictures or wording on a sign, including any identification, description, symbol, trademark, object, design, logo, illustration, or device comprising the content or message of a sign; or any emblem or painting designed to advertise, communicate, identify, or convey information.
Sign Height: The vertical dimension of a sign. The computation details and relevant regulations are as follows:

Sign height shall be measured as the distance from the highest portion of the sign to the mean finished grade of the street closest to the sign. In the case of a sign located greater than 100 feet from a public street, height shall be measured to the mean grade at the base of the sign.
Clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other structural elements that project from the wall.

Snipe Sign (Also known as bandit sign): A sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public's rights-of-way or on any private property without the permission of the property owner.
Streamers: A display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.
Temporary Sign: A sign that cannot be defined as a permanent sign. The only types of temporary signs permitted in the City of Rolla are listed under Subsection 42-244.7(b)
Wall Sign (Also known a fascia sign, parallel wall sign, or band sign): A building-mounted sign, which is either attached to or displayed on an exterior wall in a manner parallel with the wall surface. A sign or banner installed on a roof, eave, canopy, or awning in a manner parallel with the structures surface is also considered a wall sign. See projecting signs for signs that hang from such structures.
Zoning District, Nonresidential: C-O, C-1, C-2, C-3, CC, M-1, M-2, GI, and PUDs that contain commercial, office, civic, or industrial uses.
Zoning District, Residential: R-R, R-1, R-2, R-3, R-3b, and PUDs that do not contain commercial, office, civic, or industrial uses.

(Ord. 4068, §1; Ord. 4453, §4)

Sec. 42-244.2. Exempt Signs.

The following signs are exempt from the provisions of this Division, unless otherwise noted, but must conform to all other federal, state, and local codes/rules, including building codes.

Any sign that is posted by a governmental unit on government property and any sign required by local, state, or federal law.
Any sign posted on the property of a public school district or public university if that sign is posted by the school district or university that owns such property.
Signs that are less than seven feet in height if the sign face is not visible from the public's rights-of-way.
In nonresidential districts, any sign less than seven feet in height and that is more than 100 feet away from any lot line fronting a street.
In nonresidential districts, if the signs are four square feet or less in area and four feet or less in height, one pole sign at each exit and each entrance of any property.
Flags. This provision does not include banners or feather flags. However, flags and supporting structures that lawfully project into the public rights-of-way shall not hang below seven feet in height.
Internal signs, including lettering painted on or attached to a window or door and window signs located inside a building, but excluding flashing signs that do not conform to the regulations of this Division related to electronic message center signs.
Balloons (does not include balloon signs) that are less than 36 inches in diameter. Balloons that are deflated or faded will be deemed unmaintained and required to be removed.
A sign that is integrated into or on a coin-operated machine, credit-card machine, vending machine, gasoline pump, or telephone booth.
Signs printed on or attached to a public bench if it does not interfere with driver vision or pedestrian movement and does not extend beyond the public bench's structural width and height.
Signs carved into a building or raised in integral relief on a building.

(Ord. 3414; Ord. 3542, §2; Ord. 3566, §5; Ord. 3611, §9; Ord. 4453, §6)

Sec. 42-244.3. Prohibited Signs.

The following signs are prohibited.

Flashing signs.
Signs that employ pyrotechnic or blue casting components and signs that emit smoke, visible vapors, particulate matter, or odor.
Signs that employ any searchlights or strobe lights and reflective signs or signs containing mirrors.
Signs that may be confused with or construed as a traffic control sign, signal, or device, or the light of an emergency vehicle or road equipment by reason of their size, location, movement, coloring, or manner of illumination.
Signs that shield from view any traffic control device, sign, signal or other government sign.
Snipe signs.
Vehicular signs. This regulation does not include operable vehicles primarily and actively used for business purposes and/or personal transportation.
Signs that are unlawful.

(Ord. 3414; Ord. 4453, §9)

Sec. 42-244.4. General Sign Provisions.

On-Premises Signage. Permanent signage, except as authorized by Section 42-244.8 and signs authorized by federal and state law, shall only be on-premises signage. Temporary signage shall be on-premises signage, except as authorized in Sections 42-244.5 and 42-244.6.
Messaging. Any signage authorized to be displayed by this ordinance may contain a noncommercial message.
Permitting Exceptions. The following operations shall not require the issuance of a sign permit:

Changing the copy on an existing conforming sign that has not been discontinued and that is specifically designed for the use of manually or digitally activated changeable copy sign, including billboard panels and posters; but not including changes in the structure, size, placement, or location of the sign, and
Maintenance, including repainting, cleaning, or other normal repair of an existing sign not involving structural alterations or changes in size, location, or placement.

Permitting Process. Except for exempt signs, all permanent signs, regardless of the fact that a building permit may be required for its erection/installation, require the submission and approval of an application for a sign permit and a sign site plan. Sign permits are not building permits for signs. Some signs may require building permits, even if they are exempt from this Division. Applications for sign permits or supporting material, such as elevations, shall indicate the type, number, size, shape, and dimensions of all of the existing and proposed signage on the premises. If needed, elevation views or other relevant information may be required. No sign permits shall be issued if the premises requesting the permit contains an illegal sign.
Site Plan Requirements. Sign site plans shall be provided as follows:

The site plan shall be drawn to scale or shall show the dimensions of all relevant objects/elements and show all the distances between all of the relevant objects/elements.
The site plan shall indicate the property lines of the premises and, in cases whereby signs are being placed in the rights-of-way, the site plan shall indicate the type of ROW surface, the location of the curbline, the sidewalk, and any objects within the ROW in front of the property subject to the proposal.
The site plan shall show the proposed location of each sign in relation to property lines, nearby buildings, walkways, streets, driveways and parking areas.

Sign Location and ROW. All signs and other objects regulated by or exempt from this Division, including merchandise, patio furniture, sign structures, flags, decorations, and temporary signs, must be erected/placed and attached totally on or within private property, except that if a tenant space is located in a nonresidential zoning district along the public's rights-of-way and there is less than five feet between the full building frontage of the tenant space and the public's rights-of-way, certain types of signs and other objects may be placed in or project over the public's rights-of-way, but not in or over any roadway. Apart from all other provisions that apply, Subsection 42-244.7(f) and the following provisions listed below describe the applicability and the restrictions of such an allowance:

Only wall signs, flags, streamers, and projecting signs shall be permitted to project over sidewalks. The minimum clearance of such objects shall be seven feet and the object shall not occupy space beyond a vertical plane of two feet from the curb line.
Only patio furniture, merchandise, and sandwich board signs are permitted on sidewalks. The maximum height for such signs/objects shall be five feet.
One flag or temporary freestanding sign may be located in each city-owned flowerpot if the sign is less than two square feet in area, the object does not exceed five feet in height when in the flowerpot, the flowerpot is watered and maintained by the tenant, and those flowerpots are on a public sidewalk and abut the tenant space responsible for locating such a sign in said flowerpot.
See Subsection 42-244.7(f) for all other restrictions pertaining to this allowance.

Permission. The party constructing/installing/placing the sign or object on private property is responsible for obtaining the permission of the property owner before such action is taken.
Setbacks. Unless exempt by Subsection 42-244.4(f), all signs, including temporary signs and exempt signs, shall conform to the side and rear setback requirements of the zoning district they are located in. However, the front of the lot shall be defined as any lot line that fronts a street. Such signs shall have a minimum rear yard setback of ten feet and a minimum side yard setback of five feet.
Residential Protection. Even if a sign is exempt under Section 42-244.2, no sign that makes noise shall be permitted in or within 100 feet of a residential zoning district that is not the public's rights-of-way.
Illumination. All permanent signs may be unilluminated, internally illuminated, or externally illuminated. Externally lit signs shall be illuminated only with steady, stationary, and shielded light sources directed solely onto the sign. The illumination of signs shall not be brighter than is necessary for clear and adequate visibility. Illumination shall not exceed approximately 750 cd/m² or Nits at night. The illumination of signs shall not be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle.
Roof Signs and Sign Placement. In no instance shall a wall sign or projecting sign project above the eave line or beyond a wall edge, except for roof signs in the C-3 and C-C zoning districts.
Maintenance. All signs, together with their supports, braces, connections, or anchors shall be kept in good repair. Unsafe signs, damaged, or deteriorated signs, or signs in danger of breaking apart or falling shall be removed or repaired by their owner upon written notice by the City of Rolla.
Clearances.

Vision clearance areas: Vision clearance areas or triangles are triangular shaped areas located at the intersection of any combination of rights-of-way, alleys, or driveways. The size of the triangle shall be determined by the City Engineer. The vision or path of pedestrians, bicyclists, or motor-vehicle operators shall not be obstructed with any object regulated by or exempt from this Division. No object shall be located within any vision clearance triangle, the size of which is determined by the city engineer,
Clearances from fire escapes, means of egress or standpipes: Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited, unless such a sign is required for safety.
Obstruction of windows and ventilation: Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation, or exhaust are reduced to a level below that required by either the Building Code, Plumbing Regulations, Heating and Ventilating Regulations, or Housing and Maintenance Regulations.

Measurements. All lineal distances required by this Division shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself, to the nearest outside edge of the corresponding sign, building, right-of-way, property line, easement, or other object/element involved. Other measurement specifications are within the definition section of this Division, Section 42-244.1.
Changeable Copy. Changeable copy, whether digitally or manually activated, is permitted only if it is integrated into a pole, ground, marquee, projecting, or wall sign. In addition, only manually activated changeable copy is permitted on sandwich board signs. See Section 42-244.10 for restrictions on the use of EMCs.
Movement. Mechanical movement and revolving signs are only permitted in certain nonresidential districts.
Rules for interpretation and applicability.

When the word "sign" or "signs" is used in this Division it may also be referring to patio furniture, merchandise, and decorations.
Where this Division is silent, or where the rules of this Division do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited.

(Ord. 3414; Ord. 3493, §9; Ord. 4068, §3; Ord. 4453, §11)

Sec. 42-244.5. Sign Regulations for Residential Zoning Districts.

Sign standards for properties within residential zoning districts that are vacant or contain single-family houses and duplexes, even if business is being conducted in the building:

Type. Any wall sign or freestanding sign, as defined and limited in Subsection 42-244.1(i). No sign is permitted to have changeable copy. Off-premises temporary signage shall not be posted for more than 14 consecutive days in any given quarter of a year and such signage shall be removed within 14 days of receiving notice from the City of Rolla.
Number and Sign Area. If the total sign area of all signs does not exceed 32 square feet, there is no limit on the number of signs permitted.
Height. Freestanding signs shall be less than six feet in height and wall signs shall not project higher than the lowest eave line.

Sign standards for residentially-zoned properties that serve as the entrance/exit ways to subdivisions, contain multi-family complexes or condominium complexes, or contain permitted or nonconforming nonresidential uses that are not considered home occupations and are not located in single-family houses or duplexes:

Type. Any wall sign or freestanding sign, as defined and limited in Subsection 42-244.1(i). Off-premise temporary signage shall not be posted for more than 14 consecutive days in any given quarter of a year and such signage shall be removed within 14 days of receiving notice from the City of Rolla.
Number and Sign Area. One wall sign is permitted on each building and one ground or pole sign is permitted per entrance/exit to a public street or, in the case of a subdivision, per entrance/exit to the subdivision. The maximum sign area of any one permanent sign is 64 square feet. An unlimited amount of temporary freestanding signs, as defined and limited in Subsection 42-244.1(i), is permitted if the total sign area of all temporary freestanding signs does not exceed 32 square feet.
Height. Ground and pole signs shall be limited to a maximum height of 15 feet. Temporary freestanding signs shall be limited to six feet in height.

(Ord. 3414; Ord. 4453, §14)

Sec. 42-244.6. Sign Regulations for Non-Residential Zoning Districts.

General Provisions:

In addition to the signs listed in Subsections 42-244.6(b) and 42-244.6(c), properties within nonresidential zoning districts are permitted temporary/portable signs, as regulated in Section 42-244.7.
Each building, not individual tenants, are permitted a maximum amount of area for wall signs. The owner(s) of the premises may divide and distribute the allowable sign area in any way she/he/they chooses. It is the responsibility of the person/entity posting the sign to obtain permission from the owner to install/locate a sign of a certain size on the owner's property.

Sign standards for properties located in C-O and C-1 Districts:

Type. Pole signs, ground signs, projecting signs, and wall signs shall be permitted.
Number. Each premises is permitted an unlimited amount of wall signs and is permitted one projecting sign for each tenant space. In addition, all premises are permitted two permanent freestanding signs (i.e. ground signs and pole signs) if there is a distance of 500 feet or more between the two signs. Corner lots and parcels shall be permitted one permanent freestanding sign per street frontage, up to two signs, if each sign is located along a different street, regardless of distance between the two signs. Otherwise, there must be 500 feet of separation between the signs in order for two signs to be permitted on such premises.
Sign Area. Maximum wall sign area shall be determined by multiplying the lineal feet of building frontage facing a street by two square feet. Projecting signs shall not exceed 20 square feet in area, regardless of the amount of other signage on the premises. Each Pole or ground sign shall be limited to 100 square feet each.
Height and Clearance. Ground and pole signs shall be limited to a maximum height of 20 feet. Projecting signs shall have a minimum clearance of seven feet.

Sign standards properties located in C-2, C-3, CC, M-1, M-2, or GI Zoning Districts and, unless otherwise restricted by a final development plan, any PUDs with commercial, industrial, or civic uses:

Type. Same as Subsection 42-244.6(b)(1), except that mechanical movement and revolving signs are also permitted. In addition, roof signs are only permitted in C-3 and C-C zoning districts and such signs will be considered wall signs in the calculation of maximum sign area. If a mechanical movement or revolving sign is attached to a building it will be considered a projecting sign and if such signs are not connected to a building, they will be considered a permanent freestanding sign (i.e. ground signs and pole signs).
Number. Same as Subsection 42-244.6(b)(2).
Sign Area. Maximum wall sign area shall be determined by multiplying the lineal feet of building frontage facing a street by four square feet. Projecting signs shall not exceed 20 square feet in area, regardless of the amount of other signage on the premises. Each Pole or ground sign shall be limited to 400 square feet each.
Height and Clearance. Ground and pole signs shall be limited to a maximum height of 40 feet. Roof signs shall not exceed the building height limit of the zoning district in which the sign is located. Projecting signs shall have a clearance of seven feet.

(Ord. 3414; Ord. 4453, §17)

Sec. 42-244.7. Temporary and Portable Signs.

The following provisions apply to nonresidential zoning districts only. Temporary signs that comply with the requirements of Section 42-244.7 shall not be included in the determination of the type, number, or area of the signs permitted on a property per Subsections 42-244.6(b) and 42-244.6(c). The following restrictions apply to temporary and portable sign placement/installation/construction

Each independently occupied tenant space on a property in a nonresidential district is permitted to locate two temporary signs on such a property, except that when a tenant locates a balloon sign or inflatable sign on the property, the tenant shall not locate any other temporary or portable sign on the property. Off-premise temporary signage shall not be posted for more than 14 consecutive days in any given quarter of a year and such signage shall be removed within 14 days of receiving notice from the City of Rolla. A vacant parcel shall be permitted an unlimited number of temporary freestanding signs only, but the total sign area of such signs shall not exceed 96 square feet.
Tenants may only choose from the following types of temporary and portable signs:
1. Temporary freestanding signs
2. Banners, if not considered a wall sign per Subsection 42-244.1(ff)
3. Balloon signs
4. Inflatable signs
5. Feather flags
6. Sandwich board signs
7. Streamers
Area restrictions by sign type:
1. Temporary freestanding signs, banners, and feather flags shall not exceed 32 square feet.

Sandwich board signs shall not exceed 16 square feet
Inflatable signs and balloon signs are limited to 75 square feet (See Subsection 42-244.1(z)(7) for the method of calculating area for three-dimensional objects).

Height restrictions by sign type:
1. Temporary freestanding signs and sandwich board signs shall be limited to five feet in height.
2. Feather flags, balloon signs, banners, streamers, and inflatable signs shall be limited to 24 feet in height.
General restrictions:
1. The party posting the temporary sign is solely responsible for obtaining the permission of the property owner before posting their temporary sign.

Except for movement caused by air compressors for inflatable signs, mechanical motion, illumination, EMC technology, and electronically activated changeable copy is prohibited.
Manual changeable copy is only permitted when integrated into a sandwich board sign.
Inflatable signs, feather flags, and balloon signs shall have a minimum setback requirement from all lot lines that is equal to its height. All other temporary/portable signs, except when certain such signs are permitted within the sidewalk area, must conform to the same setback requirements to which permanent signs must conform.
Inflatable signs are not permitted within 100 feet of a residential zoning district and air compressors (and other noisy motors associated with any sign) must be turned off between the hours of 11 P.M. to 7 A.M.
No temporary or portable sign that is more than seven feet tall shall be permitted within 100 feet of a residential zoning district.
Vehicular signs are prohibited, except that the use of business logos, identification, or advertising on operable vehicles primarily and actively used for business purposes and/or personal transportation is permitted.
Signs located on patio furniture, merchandise, or the structures on or from which such merchandise sits or hangs, respectively, shall be considered temporary signs and count towards the total temporary/portable signage permitted per property.

Sidewalk restrictions. If permitted by Subsection 42-244.4(f), the following restrictions apply:
1. If signs are permitted on sidewalks, signs shall only be located on the sidewalk space that abuts the tenant space that is permitted to locate such signs on such sidewalks.

No object shall obstruct a continuous through pedestrian zone of at least five feet in width.
Sandwich board signs that are on a public sidewalk shall be located within 12 feet of the primary public entrance of the tenant's establishment.
Sandwich board signs shall be weighted, temporarily secured, or strategically placed to avoid being carried away by high winds.
Sandwich board signs and merchandise shall not be displayed on any sidewalk during hours of non-operation.
No signs shall obstruct pedestrian and wheelchair access from the sidewalk to parking spaces or access ramps designated for people with disabilities or building exits, including fire escapes.

Installation and Maintenance
1. All signs/objects must be installed such that, in the opinion of Rolla's building official, they do not create a safety hazard.
2. All signs must be made of durable materials and shall be well maintained. Signs that are frayed, torn, broken, or that are no longer legible will be deemed unmaintained and required to be removed.
3. Owner or tenant will be given one warning for violating any of the provisions pertaining to temporary/portable signs. After the initial warning, all subsequent violations may result in the issuance of a citation without any further notice in perpetuity.

(Ord. 3414; Ord. 3542, §3; Ord. 3611, §10; Ord. 4453, 20)

Sec. 42-244.8. Off-Premises Sign (Third-party sign, billboard, or outdoor advertising)

Permanent off-premise signage shall comply with all the requirements of this section and shall only be permitted upon property having frontage on either Interstate 44, Highway 63, or Business Loop 44 and zoned C-3, M-1, or M-2. Within areas zoned Planned Unit Development District, or property in any zoning district upon which a conditional use permit has been issued in the above mentioned corridors, such advertising structures shall only be permitted when specifically authorized upon the final development plan or permit approval. (Ord. 3414)

Area, Height, Location - I-44:
1. The maximum height of a billboard along Interstate 44 shall not exceed 45 feet. No part of structure shall extend below 15 feet.
2. The maximum surface area along Interstate 44 shall be 672 square feet with a maximum sign height of 20 feet and a maximum sign width of 48 feet. The sign shall be limited to two signs in each direction with one message per sign. In no case will the total sign surface in any one direction exceed 672 square feet.
3. Sign spacing along I-44 shall be 500 lineal feet per side of the highway.
Area, Height, Location - Hwy. 63 and Business Loop-44:
1. The maximum height of a billboard along Highway 63 and Business Loop 44 shall be 30 feet. The maximum surface area of a billboard along Highway 63 and Business Loop 44 shall be 192 square feet surface on each side with a maximum sign height of 12 feet and a maximum sign width of 24 feet. No part of structure shall extend below 15 feet.
2. Sign spacing along Highway 63 and Business Loop-44 shall be one thousand (1000) lineal feet per side.
3. Billboards along Business Loop 44 and Highway 63 shall not exceed two sign surfaces, one surface in each direction, with 192 square feet surface on each side and not more than two advertising faces on each side.
4. No sign shall be located within 1000 feet of a residential zoning district.
5. The minimum front yard setback for such signs shall be 15 feet from any public right-of-way, and/or private roadway easement. The maximum setback for such sign shall be 50 feet from the public right of way.
Restrictions for all highways:
1. External lighting of billboards, such as floodlights, thin line and gooseneck reflectors are permitted, provided the light source is directed upon the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed toward any residential structure or into any portion of the main travel way. The lights should not be of such intensity so as to interfere with the residential use of property or to cause glare, impair the vision of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.
2. No such sign shall be located in such a manner as to obstruct or otherwise interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
3. No part of any billboard shall be located on any public street or private utility easement, drainage easement, or railroad right-of-way.
4. All lineal distances required by this section shall be measured from the nearest outside edge of the subject sign, whether a support, structural member, or the sign surface itself, to the nearest outside edge of the corresponding sign, building, right-of-way, or easement involved.
Plans Required: An application to erect such a sign shall include the following:
1. A set of plans, to scale, approved and sealed by a licensed engineer, providing all necessary construction and electrical details of the sign and sign structure, including height.
2. A Sign Plan, to scale containing:
  1. The proposed location of the sign on the property.
  2. The distance from the proposed sign location to any buildings upon the property, and adjoining street right‑of‑way lines, and driveway entrances.
  3. In conditional use areas, the distance from the proposed sign location to the next nearest billboard sign within 100 feet on either side of the street in either direction.
  4. The distance from the proposed sign location to the nearest street intersection in either direction.
  5. Other information deemed necessary by city officials.
3. A representation of the proposed sign, to scale, including the width and length of the sign faces, and height from surrounding grade.
4. Construction Specifications: Any sign erected under this Article shall be a single pedestal type, constructed of non-flammable material, excluding wood. Construction of the sign and material specifications shall meet the structural requirements of the City's Building Code.

(Ord. 3414; Ord. 4453, §21)

Sec. 42-244.9. Non-Conforming Signs.

Nonconforming signs are signs that do not conform to this Division, yet were legally established prior to the adoption of this Division. The burden of proof will be on the property owner to show that the sign was legally established. Nonconforming signs, including those existing pursuant to variances granted by the Board of Adjustment before June 1, 1999, may continue to exist after passage of this Division if they maintain their nonconforming status. Nonconforming signs will be removed and/or changed in accordance with the provisions of this Section.

Permanent signs and sign structures that are moved, removed, replaced, or structurally altered, as defined in the Definitions Section of this Article, must be brought into conformance with the sign regulations. However, nonconforming signs required to be moved because of public right-of-way improvements may be reestablished. Removable faces or sign panel inserts in a cabinet style sign may also be changed by right, and such change does not constitute a structural alteration nor trigger loss of nonconforming status.
Nonconforming temporary signs must be removed within 30 days of the passage of this language.
Once a sign is altered to conform or is replaced with a conforming sign, the nonconforming rights for that sign are lost and a nonconforming sign may not be reestablished.
Loss of nonconforming sign status.

If a sign is discontinued, it loses its nonconforming status. Except for signs that were legally established as Billboards according to state and/or federal law, a sign shall be considered discontinued if, for one year, the services or products advertised are no longer available at the destination or if the sign no longer has an advertising message other than the name of the sign owner on any part of the sign (Beginning dates of discontinuance can be validated by identifying the termination date of business licenses).
Destruction. When a sign or sign structure is removed or intentionally destroyed, replacement signs and sign structures must comply with the current standards. However, if a sign or sign structure that has nonconforming elements is partially or totally damaged by fire or other causes beyond the control of the owner, the sign and sign structure may be rebuilt to the same size and height using the same materials.

Once a sign loses its nonconforming status, it must be removed before any other permits for signs shall be issued for the premises on which the sign that has lost its nonconforming status exists.
If structural alteration is needed to maintain the sign's structural integrity, the sign shall be removed and no building or sign permits shall be issued until its removal.
In cases of doubt or on a specific question raised whether a nonconforming sign exists, it shall be a question of fact decided by the Codes Administrator and such a determination shall be subject to appeal to the Board of Adjustment.

(Ord. 3414; Ord. 4068, §4; Ord. 4428, §§21-22; Ord. 4453, §23)

Sec. 42-244.10. Electronic Message Center Signs.

In nonresidential zones, Electronic Message Centers (EMCs), which includes electronically activated changeable copy signs and signs that imitate movement through electronic means, are permitted in accordance with the permitted sign area regulations of the district in which the sign is located. The following restrictions apply:

With the exception of flashing signs and full motion video or film display via an electronic file imported into the EMC software or streamed in real time into the EMC, EMC display features and functions are permitted in nonresidential zoning districts only.
No EMCs are permitted within 100 feet of any residential zone.
An EMC sign may be a portion or comprise the entirety of the sign face of a wall sign, pole sign, ground sign, or projecting sign. No other types of sign shall be integrated with EMC or other digital display technology.
All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the EMC lighting level at night into compliance with sign illumination standards of this division in Subsection 42-244.4(j).

(Ord. 3982, §2; Ord. 4453, §10)

Secs. 42-245 to 42-246. Reserved.

DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS

Sec. 42-247. Nonconforming Buildings and Structures.

Except as limited below and except for nonconforming signs, any structure or lawful use of any structure or land or part thereof that exists at the time of the adoption of this Article or an amendment thereto may be continued notwithstanding the fact that it may not conform to the provisions of this Article. The term ‘structure’ includes accessory structures. Proof of lawful establishment must be provided by those who wish to continue such nonconformance. Signs abide by separate nonconforming structure regulations, which can be found in Subsection 42-244.9.
The following limitations apply to maintaining lawful nonconforming status:
1. an expansion or increase in intensity of a nonconforming use of land or structure or part thereof;
2. a change of use or a discontinuance of a nonconforming use of land or a structure or part thereof;
  1. discontinuance of a use is defined as continuous vacancy or nonuse of land or structures or part thereof for a period of one year;
3. reconstruction, enlargements, additions, expansions, or structural alteration of a nonconforming structure, except for structural alterations that are required by building, fire, or health codes for human health and safety;
  1. structural alteration is defined as any alteration to any component of a structure that supports any vertical load in addition to its own weight;
  2. the modification of existing buildings is permitted by right if such changes result in greater conformance with the specifications of this Article;
4. structures that exist on lots that do not meet minimum lot size and width requirements render such structures nonconforming and, in turn, shall not be permitted to receive expansions or additions and the lots shall not be permitted to receive additional accessory or primary structures;
5. nonconforming structures shall not be moved unless they are moved in way that reconciles all nonconforming aspects of the structure that can be reconciled by moving the structure;
6. a nonconforming structure that is damaged by fire, tornado, or other catastrophe shall be permitted to be restored or rebuilt and used again as previously, provided that building permits for such restoration or reconstruction are issued within two years of the date of the catastrophe and are diligently prosecuted to completion and that the rebuilding or restoration following the catastrophe does not increase any nonconforming aspect of the original structure or use.
Exemption: Where reconstruction, alteration, extension, addition, or structural change to a single-family or two-family residential structure used for residential purposes does not increase any nonconforming aspect of the use or structure, a variance from the Board of Adjustment is not required for said alteration, reconstruction, addition, or structural change. Enlargements, expansions, and additions (including adding accessory structures) are not permitted if the lot does not meet minimum lot size and width requirements.

From the time of public notification for the adoption of the provisions of this division and afterward, the above limitations and other provisions of this Division will apply to all requests for building permits; to all change/establishment/increase of use requests, which includes such requests through the zoning approval of business license applications; and any other request that require land use review or building permits.
The Board of Adjustment, after a public notice and a public hearing, may grant a special exception to allow a legal nonconforming use to be changed to any other use permitted in the zoning district in which the nonconforming use is allowed, provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.
The Board of Adjustment, after public notice and a public hearing, may grant a variance to allow a preexisting nonconforming use or structure to be expanded if, in the opinion of the Board, such expansion will not be more objectionable to or detrimental to the character of the neighborhood than the original preexisting nonconforming use or structure.

(Ord. 4428, §§23-26)

Secs. 42-248 to 42-249. Reserved.

DIVISION 20. CHANGES AND AMENDMENTS

Sec. 42-250. Map and Text Amendments.

Rolla's property owners, legislative bodies, and government officials may propose amendments to the Official Zoning Map (e.g. rezoning requests), the Future Land Use Map, or the text of Rolla's Planning and Zoning Code. For such a request to be initiated, applicants must submit the appropriate application and the Map & Text Amendment fee listed in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. All applications and fees shall be filed with the Community Development Department no later than the second Tuesday of each month for consideration during the following month.

(Ord. 3414; Ord. 4401, §§21-22)

Sec. 42-250.1. Recommendations.

The Planning and Zoning Commission may within its discretion, make one of the following recommendations in connection with each proposed re-zoning application.

Recommend against the change in zoning.
Recommend a change in zoning.
Recommend a change in zoning for such area together with its recommendations as to requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to the public streets, provisions for drainage, parking spaces and street layouts and protective screening and open spaces and any other requirements which, within the discretion of the Planning and Zoning Commission, will protect adjacent property and secure substantially the purpose and intent of this Article. (Ord. 3414)

Sec. 42-250.2. Findings by the Planning and Zoning Commission.

The Planning and Zoning Commission shall consider the following information when reviewing re-zoning requests:

Whether the proposed zoning district classification is consistent with the intent of the Rolla Comprehensive Plan;
Whether there are any changed or changing conditions in the neighborhood affected that make the proposed rezoning necessary or desirable from an overall community development perspective;
Whether the range of uses in the proposed zoning district classification are compatible with the uses permitted on other property in the immediate vicinity;
Whether adequate utility service and facilities exist or can be reasonably provided to serve the uses permitted on the property if rezoned;
The impact the proposed uses would have upon vehicular and pedestrian traffic safety;
Whether the proposed rezoning would correct an error in the application of this Article as applied to the subject property;
Whether a reasonably viable economic use of the subject property will be precluded if the proposed rezoning is denied creating an economic hardship; and
Relevant information submitted at the public hearing. (Ord. 3414)

Sec. 42-250.3. Report of Action Taken.

Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council and the applicant. The Secretary of the Planning and Zoning Commission shall set up and maintain a separate file for each application received, and all records and files herein provided shall be permanent and official files of the City of Rolla. (Ord. 3414)

Sec. 42-250.4. Notice of Hearing Before City Council.

A public hearing, where parties in interest and citizens shall have an opportunity to be heard, shall be held by the City Council before adopting any proposed amendment. At least fifteen days before the public hearing is held, a notice of such a hearing shall be published in an official paper or a paper of general circulation in Rolla. The notice shall specify the time and place of such hearing and the location where the application and related documents may be viewed. In addition, staff shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 4401, §§23-24)

Sec. 42-250.5. Action of City Council.

When the Planning and Zoning Commission has recommended a change in zoning together with recommendations, as to requirements as heretofore provided, the City Council shall be at liberty to either accept, reject or make other or additional requirements, and any such requirements, in the discretion of the City Council to be made, shall become a part of the ordinance changing the zoning classification of such property. Such requirements shall be considered as an amendment to the zoning ordinance as applicable to such property. (Ord. 3414)

Sec. 42-250.6. Two-Thirds Majority Necessary when Protested.

In case of a protest petition against such change, duly signed and notarized, by the owners of thirty (30) percent or more of the land area (exclusive of streets and alleys) included in such proposed change or within an area determined by line drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of two thirds (2/3) of all the members of the City Council. The provisions of this Section apply to the adoption of, additions to, changes or modifications of the official map of the master plan, whether such changes are initiated by the City Council, the Planning and Zoning Commission, Community Development Director or by property owner application. (Ord. 3414)

Sec. 42.250.7. Limitation on Application for Rezoning.

No application for rezoning of any tract, lot or parcel of land within the City of Rolla, other than an application initiated by the City Council or the Planning and Zoning Commission, shall be filed or allowed prior to the expiration of twelve (12) months from the time that the City Council shall have finally acted on any application for rezoning of all or part of the same lot, tract or parcel of ground. The City Council may waive this requirement upon written request by the applicant, provided the applicant can show substantially changed conditions from any previously submitted but unsuccessful rezoning requests for all or a portion of the same lot, tract or parcel of ground. The applicant may then reapply for a review through the Planning and Zoning Commission and City Council.

A rezoning application may be withdrawn upon request by the applicant at any point in the approval process, prior to final action by the City Council, without requiring a twelve (12) month delay before reapplication. The Planning and Zoning Commission would first consider the new application. (Ord. 3414; Ord. 3890, §2)

Secs. 42-251 to 42-252. Reserved.

DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW

Sec. 42-253.1. Duties of the Codes Administrator.

The Codes Administrator or his duly designated and authorized representative, in addition to the duties delegated to him under this Article and other ordinances of the City, shall administer and enforce this Article including:

Receiving applications for permits for the construction, erection, structural alteration, enlargement and removal of buildings, structures, parking lots, signs, variances and special exceptions, notify applicants of all City ordinances pertaining to said applications, issue as soon as practicable certificates required by this Article when plans are found to comply with the provisions of this Article and all other City laws and ordinances applicable thereto; make and maintain records for all functions pertaining to codes administration duties; and in connection with such duties interpret the provisions of this Article.
Receiving applications for certificates of occupancy for buildings and structures for which building permits have been issued, and which have been constructed, erected, structurally altered, enlarged or moved in accordance with such permits and are ready for use and occupancy; notify applicants of City ordinances pertaining to said applications.
Providing technical assistance to the City Council, Planning and Zoning Commission, and Board of Adjustment as they may require in the performance of their duties under this Article
Conducting inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this Article.
Conducting inspections of buildings, structures, signs, and uses of any premises to determine compliance with the terms of any application, permit, or certificate issued by his office and to ensure that the provisions of this Article are enforced with respect to screening, landscaping, buffer-yards and other requirements or conditions established by City Council. (Ord. 3414)

Sec. 42-253.2. Duties of the Community Development Director.

In addition to the duties delegated to him under this Article and other ordinances of the City, the Community Development Director or his duly designated and authorized representative shall:

Receive applications for Zoning Ordinance map amendments and conditional use permits pursuant to the provisions of this Article.
Maintain for distribution to the public copies of the zoning map or maps, the text of the Zoning Ordinance, and the rules of the Planning and Zoning Commission and Board of Adjustment. A reasonable fee for each copy shall be charged to defray printing costs.
Provide technical and expert assistance to the City Council, Planning and Zoning Commission, and Board of Adjustment.
Make recommendations with respect to city planning, zoning, land use and development to the City Council, Planning and Zoning Commission, City Administrator and other departments and agencies of the City.
Maintain permanent and current records of official actions on all variances, conditional use permits, special exceptions, re-zoning applications, and other activities of the Planning and Zoning Commission and Board of Adjustment and all functions of the Community Development Department related to the administration of this Article. (Ord. 3414)

Sec. 42-253.3. Building Permit Required.

It shall be unlawful to start the construction of a new building, structure, parking lot, or sign or the enlargement or structural alteration of a building, structure, parking lot, or sign, without first filing a written application for and obtaining a building permit. All applications for such permits shall be in accordance with the requirements of this Article and building code of the City of Rolla. No building permit shall be issued unless a plat is filed in duplicate, drawn to scale and in such form as may be prescribed by the building inspector, showing the location on the lot of the building, structure, parking lot, or sign to be erected, altered, or enlarged, signed by the applicant, and other information as the building inspector may require in the enforcement of this Article. Failure to provide this information shall be good cause for the revocation of any such building permit. Unless upon written order of the Board of Adjustment, no building permit or certificate of occupancy shall be issued for any building, structure, parking lot, or sign where said construction, addition, or alteration thereof would be in violation of any of the provisions of this Article. A record of all applications, together with supporting plats, shall be kept in the office of the building inspector. (Ord. 3414)

Sec. 42-253.4. Certificate of Occupancy Required.

No vacant land shall be occupied or used except for agricultural uses and no building hereafter erected or structurally altered shall be occupied or used until the building inspector shall have issued a certificate of occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land complies with the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be put on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.

(a) Certificate of occupancy for a building: Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations.

(b) Certificate of occupancy for a non-conforming use: A Certificate of occupancy for legal non-conforming uses shall be issued, and the certificate shall state that the use is a legal non-conforming use. (Ord. 3414)

Sec. 42-253.5. Zoning Enforcement.

Notice of Violation: Whenever the Codes Administrator, or one of his authorized representatives, determines that there are reasonable grounds to believe that a violation of any provision of this Article exists on any parcel of land within the City, he shall give notice of such alleged violation to the owner or agent of said parcel as follows. Such notice shall:
1. Be in writing and include a statement of any alleged violations, what remedial action(s) are to be taken, and any fines or fees associated with the enforcement of this Article;
2. Allow a reasonable time for the correction of any violation or the performance of any required act,
3. Be served upon the owner or his agent personally, by registered mail to his last known address, or is posted conspicuously in or about the building, structure, or sign affected by the action.
Revocation of Permits: Whenever the Codes Administrator has ordered a person to correct any violation and when such violation has not been corrected within the time specified by such order, thereafter the administrator may institute an action to revoke any permits issued by the City under which the activity is conducted and occupancy permits.
Abatement of Violation: If a person violates this Article or if a notice of a violation is not complied with within the time specified by the Codes Administrator, the administrator may cause a municipal court summons to be issued, and he may also request the City Attorney to institute the appropriate legal proceedings to obtain an injunction to restrain, correct or abate such violation or to acquire removal or termination of the unlawful use of a building, structure or sign in violation of the provisions of this Article or any order or direction made pursuant thereto.
Fines and Penalties: Any person violating this Article, or failing to comply with any order issued pursuant to any Section thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred ($ 300) dollars, per day, for each day of noncompliance. The City shall attempt to give notice when the violation does not pose an imminent danger and the owner has not previously been notified either orally or in writing regarding a violation of the same Section of this Article.
Legal Action: The imposition of the fines herein prescribed shall not limit the City Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of building or structure in or about any premises, in violation of this Article.
Discontinuance of Illegal Use or Occupancy: Whenever any building, site or portion thereof is being used or occupied contrary to the provisions of this Article, the Codes Administrator shall order such use or occupancy discontinued by notice served on any persons using or causing such use or occupancy to be continued. Such persons shall discontinue use or occupancy or make the building, site or portion thereof comply with the requirements of this Article within a time period not to exceed ten (10) days after receipt of such notice. (Ord. 3414)

Sec. 42-253.6. Inspection and Right of Entry

In the discharge of his duties, the Codes Administrator or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the City to enforce the provisions of this Article. Any person making such inspection shall furnish to the owner or occupant of the building or structure to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the City and to determine the purpose of the inspection. Inspections may be prompted on the basis of complaint or as part of a systematic inspection program directed by the Codes Administrator, Community Development Director, or City Administrator. (Ord. 3414)

Sec. 42-253.7. Permits Required for Construction of Building - Annexation.

Any person owning, controlling, constructing, supervising or directing the construction of any building or structure in the process of construction which is incomplete at the time the land upon which it is situated is annexed to the City of Rolla before proceeding shall apply to the Codes Administrator of the City of Rolla for a permit authorizing further work Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building. (Ord. 3414)

Sec. 42-254. Board of Adjustment - Composition.

The Board of Adjustment shall consist of five members, who shall be City residents. The members of the Board of Adjustment shall be appointed for staggered terms of five (5) years each and shall serve without compensation. No member shall serve more than two (2) consecutive terms and shall not be a current member of the Planning and Zoning Commission. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. The Board shall elect its own chairman who shall hold office for one year. The Codes Administrator, or his designee, shall be an ex-officio member of the Board of Adjustment without voting power. The Codes Administrator, as an ex-officio member, shall act as secretary and shall maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, and further keep a record of all notices published as required herein. (Ord. 3414)

Sec. 42-254.1. Procedures.

Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public except as provided by law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the Board and shall be a public record. The secretary of the Board of Adjustment shall notify in writing the City Council and Zoning and Planning and Zoning Commission of each decision, interpretation, appeal, special exception and variance considered under the provisions of this Article. (Ord. 3414)

Sec. 42-254.2. Powers.

The Board of Adjustment shall:

Hear and decide appeals where it is alleged there is error in any order, requirement decision or determination made by an administrative official in the enforcement of this Article and may also decide any questions involving the interpretation of any of the provisions of this Article, including the location of any district boundaries, if there is uncertainty with respect thereto.
In appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Article in harmony with its general purpose and intent and in accordance with the general and specific rules herein contained.
Authorize, upon appeal, in specific cases such variance from the terms of this Article as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship, and so that the spirit of this Article shall be observed and substantial justice done. (Ord. 3414)
Shall serve as the members of the Board of Appeals for the 2000 International Property Maintenance Code, as required in Section 111.2 of that Code, and shall hear appeals by any person directly affected by a decision of the Codes Administrator or a notice or order issued under this Code. The chairman of the Board of Adjustment shall serve as the chairman of the Board of Appeals. The alternate members of the Board of Adjustment shall serve as alternate members of the Board of Appeals. (Ord. 3639, §1)

Sec. 42-254.3. Appeals.

Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the City of Rolla affected by any decision of an administrative officer. Such appeal shall be taken within fifteen (15) days time after an administrative officer has rendered the decision. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the secretary of the Board of Adjustment a notice of appeal specifying the reasons. The officer from whom the appeal is taken shall send to the secretary of the Board all the papers constituting the record relating to the appealed action. The applicant for an appeal, however, shall bear the burden of producing evidence establishing the grounds of the appeal. In exercising the powers herein granted, the Board may, in conformity with the provisions of this Article reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members shall be necessary for an appeal to be approved by the Board of Adjustment. (Ord. 3414)

Sec. 42-254.4. Appeals to Stay Proceedings.

A properly filed notice of appeal shall stay all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a proper court order.

(Ord. 3414)

Sec. 42-254.5. Notice of Appeals.

Notice of appeals (i.e. an appeal application) shall be submitted not less than twenty-eight days prior to a regularly scheduled Board meeting. The applicant shall be notified in writing by registered mail of the date, time, and location of the hearing. Upon filing a notice of appeal with the secretary of the Board of Adjustment, the applicant must submit to the Community Development Department the appeal application and the appeal fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 3566, §6; Ord. 3748, §12; Ord. 4401, §§25-26)

Sec. 42-254.6. Limitation on Re-Filing.

No appeal, request or application to the Board of Adjustment shall be allowed with respect to the same parcel of land, building, or structure prior to the expiration of six (6) months from the date of the ruling of the Board of Adjustment unless a substantial change of circumstances or conditions can be demonstrated by the applicant. (Ord. 3414)

Sec. 42-255. Exceptions and Variances.

A "special exception" is a permission given by the Board properly authorized by this Article in specific cases for an applicant to use his property in a manner contrary to the provisions of this Article provided such use serves the general welfare and preserves the community interest. A "variance" is an authorization by the Board granting relief and doing substantial justice in the use of the applicant's property by a property owner where, owing to special conditions a literal enforcement of the provisions of the Article will result in unnecessary hardship. The Board of Adjustment may designate conditions on granting special exceptions or variances that secure the public interest and intent of this Article. (Ord. 3414)

Sec. 42-255.1. Notices of Hearings.

Applications for special exceptions, variances, and use variances shall be submitted on forms provided for this purpose not less than twenty-eight days prior to a regularly scheduled Board meeting. Along with the submission of such an application, the applicant shall submit the appropriate fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. Once the application has been determined to be complete, the Board of Adjustment shall hold a public hearing and written notice of all such public hearings shall be sent by the secretary of the Board to the applicant and all other persons deemed by the Board to be affected. In addition, upon completeness, the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.

(Ord. 3414; Ord. 4401, §§27-28)

Sec. 42-255.2. Hearings.

Any interested party may appear at the hearing in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Board of Adjustment must find before granting any special exception or variance as herein contained. The Board of Adjustment may impose such conditions and restrictions as may be necessary to comply with the standards set out in this Article to reduce, minimize, or mitigate the effect of such special exception or variance upon the property in the neighborhood, and to better carry out the intent of this Article. The concurring vote of four members of the Board shall be necessary to decide in favor to affect any variance of this Article or to grant any special exception. No request or application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any request or application to such body unless other property abutting or adjoining such property shall have within such period been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an application, but such hearing shall be considered on its merits as in all other cases. (Ord. 3414)

Sec. 42-255.3. Duration.

Any special exceptions or variances authorized or granted by the Board of Adjustment either under the provisions of this Article or under the authority granted to the Board of Adjustment under the statute of the State of Missouri shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless the Board of Adjustment in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall have not been issued within said ninety (90) day period or such extended period as the Board may specifically grant, then the special exception or variance shall be deemed waived and all rights thereunder terminated. Such termination or waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules and regulations herein contained. (Ord. 3414)

Sec. 42-255.4. Special Exceptions.

The prospective occupant or owner of the property shall make application for special exceptions according to the terms of this Article and follow the application procedures outlined in Section 42-255.1 of this Division. Subject to the conditions and safeguards herein contained, after public notice and hearing, the Board of Adjustment may authorize special exceptions to this Article as follows:

The Board of Adjustment may grant a special exception to allow a legal nonconforming use to be changed to any other use permitted in the zoning district in which the non-conforming use is allowed, provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.
Permit the extension of an existing legal non-conforming use in a building upon a lot currently occupied as a legal non-conforming use.
Permit the use of property in the "R-1 " and "R-2" Districts adjacent to the "R-3", "C" or "M" Districts, even if separated therefrom by an alley or by a street, for parking of passenger cars under such safeguards and conditions of the setback requirements of the more restricted property, and further provided that such parking area shall not extend a greater distance than five hundred (500) feet from the "R-3," "C" or "M" Districts and other conditions as needed to promote public safety.
Permit the use of property owned by a church for the parking of passenger cars in any district under such safeguards and conditions as are necessary to protect adjacent property.

(Ord. 3414; Ord. 4401, §§29-30)

Sec. 42-255.5. Variances.

The Board of Adjustment may grant an applicant a variance in the following instances:

A variance from the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, and required yard areas.
A variance from the applicable minimum requirements for lot size, width, depth, or setback distances.
A variance from the applicable off-street parking requirements.
A variance from the applicable open space, landscaping and buffer area requirements. (Ord. 3414; Ord. 4428, §27)

Sec. 42-255.6. Variance Standards.

The Board of Adjustment shall not vary the regulations of this Article as authorized above unless and until it shall make findings based upon the particular evidence presented to it in each specific case that:

That there are special circumstances or conditions applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in the same zone or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this Article shall create an unnecessary economic hardship by depriving the applicant of the reasonable use of such land or building, and;
That the alleged hardship has not been created by any person presently having an interest in the property, and,
That the purpose of the variance is not based exclusively on a desire to enhance the value of the property, or increase the return or income therefrom, and;
That the granting of such variance will not be detrimental to the public welfare or substantially or permanently injurious to the property or improvements in such zoning or neighborhood areas in which the property is located, and;
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose, and will not alter the essential character of the neighborhood; and;
That the literal enforcement and strict application of the provisions of this Article will result in an unnecessary hardship inconsistent with the general provisions and intent of this Article and that in granting such variance the spirit of the Article will be preserved and substantial justice done. (Ord. 3414)

Sec. 42-255.7. Use Variances.

The Board of Adjustment may grant use variances where the strict enforcement of this Article may cause an unnecessary hardship resulting from the unique physical characteristics of a site for a proposed use. The Board of Adjustment shall also make a determination that granting the use variance is consistent with the intent of the Comprehensive Plan and that granting the variance will result in the achievement of substantial justice. Applications for a use variance shall follow the provisions prescribed in Division 17, Section 42-234.1. pertaining to Site Plans. (Ord. 3414)

Sec. 42-255.8. Appeal from Ruling of Board of Adjustment.

Appeals from rulings of the Board of Adjustment may be taken in the manner provided by statute. (Ord. 3414)

Secs. 42-256 to 42-359. Reserved.

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION I. USE PERMITS

Sec. 42-360. Use permit grant to Darrell G. Bradford and Robert Fitzsimmons to conduct a photographic business on a tract of land zoned R-3 (Multi-Family) District.

That a use permit be and it is hereby granted to Darrell G. Bradford and Robert J. Fitzsimmons, d/b/a Bradford and Fitzsimmons Photography to conduct a photographic business and its related activities, including indoor and outdoor photography, wholesale and/or retail sales of photographs, wedding albums, cameras and films, photographic supplies and products, picture frames, and the fabrication thereof, on the tract of land owned by the said Darrell G. Bradford and Robert J. Fitzsimmons now zoned R-3 (Multi-Family) District, situated in the City of Rolla, county of Phelps, and state of Missouri, described as follows:

The north 210.2 feet of the west 245 feet of block four (4) of the Rolla Mill Addition to the City of Rolla, Missouri. (Ord. 1985, §1, 8-9-76.)

Sec. 42-361. Use permit grant to Dan Woodward to conduct an art gallery and museum on property at 1705 North Oak Street.

That an use permit shall be issued to Dan Woodward to permit property located at 1705 North Oak Street, more particularly described as:

The South Half of Lot 7 and all of Lots 8 and 9 in Block 11 of Schuman Addition to the City of Rolla, Missouri;

to be used for the business of a fine art gallery and museum. (Ord. 2446, §1, 1-7-85).

Sec. 42-362. Use permit grant Renick Enterprises, Inc. to permit property in Eastmeadow Tract A to be used for general office buildings.

That a use permit shall be issued to Renick Enterprises, Inc. to permit property located in Eastmeadow Tract A, more particularly described as:

A fractional part of Tract A of "Eastmeadow", an addition to the City of Rolla, Missouri more particularly described as follows: Commencing at the Northwest corner of Lot No. 2 of the N.W. 1/4 of Section 7, Township 37 North, Range 7 West; Thence S. 0° 38' W., 35.00 feet to the South Right-of-Way, 189.39 feet to the Point of Beginning of the tract herein described; Thence S. 0° 38' W., 230.01 feet; Thence S. 89° 01'E., 200.00 feet; Thence N. 0° 38' E., 230.01 feet to the South Right-of-Way of East Tenth Street; Thence N. 89° 01' W. along said South Right-of-Way, 200.00 feet to the Point of Beginning. Containing: 46,002 sq. ft., 1.06 acre.

to be used for general office buildings. (Ord. 2547, §1, 7-21-87.)

Secs. 42-363 Approving a Conditional Use Permit at 1056 Kingshighway for Carol Pruett.

That a Conditional Use Permit be granted to Carol Pruett to operate a package liquor store in a C-2 (general retail district) zone.
The Conditional Use Permit shall follow "Attachment B Standards for all Condition Use Permits".
The Conditional Use Permit is granted only to the above name and for the above address. If the business license is not renewed or the business should relocate, the Conditional Use Permit shall be terminated. (Ord. 3672, §§1-3)

Sec. 42-364. Approving a Condition Use Permit for property located 1100 Hwy 72 East, to permit the establishment of a Family Recreation and Entertainment Complex (FERC) (Noe).

The Conditional Use Permit application requires the applicant to submit information pertaining to compliance with regulations and the finding of no adverse effect, described in Section 42-234.2 (Complying with the Standards and no Adverse Affect to the Community). These findings are attached to the Conditional Use Permit application.
The building footprint is 21,641 sq. ft. The lot size is 2.41 acres. There is adequate space to accommodate required off-street parking. All necessary utility and drainage services are provided.
The building is large enough to allow an occupancy level of 300 persons as determined by the Codes Administrator, with no less than 100 parking spaces on-premise. Parking spaces set-a-side for the public shall be paved as local weather permits this spring. The project meets lot coverage limits and setbacks are not a problem for this CUP.
The building has undergone extensive remodeling in the recent past to help meet all relevant zoning, building and fire codes. In addition, the project complies with ADA requirements concerning ramps, public toilets, etc.
The south exterior wall shall be insulated as specified in the Renovation Sound Wall Plans submitted by the applicant’s engineer so that sound emanating from the building will not be heard. Current City Ordinance pertaining to sound nuisances shall be used to make this determination.
Access to the subject property is provided by a driveway that connects with Hwy 72. No other access point shall be used by employees or customers.
The existing wooden fence shall be extended to the north property line then to the west of the driveway. No fence will be required along the southern property line as long as the existing vegetation is maintained so as to screen the residential properties to the south. Vehicular and stationary glare will be monitored and reduced when necessary by the applicant.
The Conditional Use Permit shall expire if the business becomes inactive for a period of nine (9) months.
The Conditional Use Permit is only valid for the current business occupant. Upon termination of any lease the Conditional Use Permit is terminated. If the business were to relocate, the Conditional Use Permit would not follow the business to the new location. The business will have to adhere to all restrictions and conditions imposed upon the Conditional Use Permit (see Item 1 for Standards.)
All “live or hired talent” performing in the FERC shall cease performing at midnight Friday and Saturday, and at 10:30 p.m. Sunday through Thursday.

(Ord. 4103)

Sec. 42-365. Approving a Conditional Use Permit for the establishment of a massage therapy business located at 904 Turkey Run Drive. (Bartle).

The Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: The property located at 904 Turkey Run Drive shall be approved for a Conditional Use Permit for the operation of a Massage Therapy Business as described herein.
The following conditions or provisions shall be applied to this Conditional Use Permit application to eliminate any potential adverse community or neighborhood impacts:
1. The applicant/owner shall schedule appointments with at least one fifteen (15) minute interval to allow one client to leave before another arrives.
2. No exterior commercial or business signage shall be permitted for this particular Conditional Use Permit, except that the existing address numbers shall be permitted.
3. No additional Conditional Use Permits shall be approved within 500 feet of 904 Turkey Run Road.
4. The applicant/owner agrees to limit the hours of operation from 10:00 a.m. to 8:00 p.m. The use restrictions found in Article III, Division 15, Section 42-207.2 Use Limitations, shall be imposed as a requirement for approval of this Conditional Use Permit.
5. The Conditional Use Permit shall expire and become invalid if the business becomes inactive and ceases to serve clients at 904 Turkey Run Road for a period of nine (9) consecutive months.
6. The applicant/owner agrees to permit the Building Codes Administrator to enter the premises at 904 Turkey Run Road when he deems it necessary to enforce the provisions of this permit, or where the Building Codes Administrator has reasonable cause to believe that there exists in this structure or premises a condition which is contrary to or in violation of this permit. The Building Codes Administrator shall only have authorization to enter this structure or premises at reasonable times to inspect or to perform duties imposed by this Conditional Use Permit, provided that his credentials be presented to the occupant and entry requested. If unoccupied, the Building Codes Administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises to request entry. If entry is refused, the Building Codes Administrator shall have recourse to the remedies provided by law, including the immediate termination of this permit.

(Ord. 4163)

Sec. 42-366. Approving the establishment of a Family Entertainment and Recreation Complex (FERC) at 1100 Highway 72 East in the City of Rolla, Missouri (Barrack).

The Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: 1100 Highway 72 Event Center to permit the development of a FERC (Family Entertainment and Recreation Complex).
The following regulations or conditions shall apply to the Family Entertainment and Recreation Complex (FERC) located at 1100 Highway 72 East and otherwise known as the Highway 72 Event Center. Nothing herein exempts the owner or operator/tenant of the Highway 72 Event Center from violating any City ordinance.
1. The subject property is currently zoned C-2 (General Retail District), which permits the sale and consumption of alcoholic beverages on premise, provided the sale of alcoholic beverages shall be limited to properly licensed vendors as required in Rolla. The FERC is limited to a maximum of 40 days per year where alcoholic beverages may be sold on site.
2. Hours of Operation: Will vary depending on each tenant or event. No bands, DJs, or loud sounds will be allowed after 11 p.m. on Sundays through Thursdays, and after 12 midnight on Fridays and Saturdays. Loud sounds shall mean being audible off the FERC property. No bands or DJs may play music outside of the building without approval from the City.
3. The building footprint is 21,641 square feet. The lot size is 2.41 acres. The owner of the Event Center shall maintain a minimum of 100 parking spaces on site.
4. The Highway 72 Event Center will be required to get a business and sales tax license to cover all incidental facility uses. Any event sponsor not covered by the Highway 72 Event Center license will obtain a separate business license. Where there are multiple vendors at an event, only the event sponsor is required to have a business license.
5. The application for a FERC for the Highway 72 Event Center dated August 5, 2015, and executed by Charlotte J. Barrack is incorporated herein.

(Ord. 4233)

Sec. 42-367. Approving a Conditional Use Permit (CUP) to allow the operation of a nursing home facility in an R-1 (Single Family District) zoned area at 1000 Lions Club Drive. (Clearparth).

The Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts, and a zoning map in accordance with the comprehensive plan as hereby amended by changing the zoning classification of the property situated within the City of Rolla Missouri, and described as follows:

A fractional part of the Northeast Quarter of the Southeast Quarter of Section 13, Township 37 North, Range 8 West of the 5th P.M. described as follows: Commencing at the Southwest Corner of the Northeast Quarter of the Southeast Quarter of said Section 13; thence North 0°33’00” East, 9.27 feet along the West line of said Northeast Quarter of the Southeast Quarter to the southwest corner of a parcel described in Phelps County Deed Records at Document No. 1997-875; thence North 89°03’50” East, 50.02 feet along the South line of said Document No. 1997-875 parcel to the true point of beginning of the hereinafter described tract: Thence North 0°33’00” East, 289.76 feet to the southerly right of way of Lions Club Drive; thence northeasterly 35.58 feet along the arc of a curve, concave southeasterly with a radius of 710.00 feet the chord of which is North 74°30’20” East, 35.58 feet, and, North 75°56’30” East, 245.80 feet, and, northeasterly 96.76 feet along the arc of a curve, concave northwesterly with a radius of 1240.00 feet the chord of which is North 73°42’20” East, 96.74 feet, and, North 71°28’10” East, 256.64 feet, and, northeasterly 99.93 feet along the arc of a curve, concave northeasterly with a radius of 490.00 feet the chord of which is North 65°37’40” East, 99.75 feet all along said southerly right of way to the South line of Ponzer Third Addition; thence North 89°47’20” East, 49.31 feet along the South line of said Ponzer Third Addition to the southwest corner of Municipal Acres No. 2; thence North 89°37’00” East, 115.26 feet along the South line of said Municipal Acres No. 2; thence South 1°18’10” West, 93.54 feet partially along the West line of a parcel described in Phelps County Deed Records at Document No. 1998-1375 to its southwest corner; thence South 4°41’10” West, 60.33 feet to the northernmost corner of a parcel described in Phelps County Deed Records at Document No. 1997-2417; thence South 7°03’20” West, 342.30 feet along the West line of said Document No. 1997-2417 parcel to the aforesaid South line of parcel 1997-875; thence South 88°32’40” West, 340.55 feet, and, South 89°03’50” West, 477.64 feet all along said South line to the true point of beginning. Above described tract contains 7.77 acres, more or less, per plat of survey R-11621A, dated December 15, 2004, by Elgin Surveying & Engineering, Inc. (Ord. 4260, §1)
SPECIAL PLAT RESTRICTION AND RESTRICTIVE COVENANT AS TO THE ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS. The undersigned owners of the tract of land herein platted do hereby impose upon said property and do hereby make the following restrictive covenant: No construction may be commenced upon the above-described property until all necessary building and construction permits have been issued by the City of Rolla, Missouri and that it is understood by the undersigned that no such permits shall be issued for any lots herein platted until the completion of all public improvements appertaining to such lots or until a cash bond equal to the reasonable costs of completing such public improvements has been received and approved by the City of Rolla, Missouri. The above-mentioned public improvements shall be completed pursuant to the agreement between the undersigned and the City of Rolla, Missouri for the completion of such improvements as required by this article of the City Code of Rolla, Missouri. (Ord. 4260, §2)
CONTINGENCIES TO THE CUP AGREEMENT:
1. The applicant shall first obtain approval of the Clearpath Holdings project from the City
2. The City’s Environmental Services Department and the applicant shall determine the most efficient location on site for identifying a place where solid waste disposal facilities might be located.
3. The City’s Public Works Department will arrive at a mutually agreed upon decision regarding ingress/egress to any private driveway from Lion’s Club Drive.
4. Rolla Municipal Utilities and the applicant shall arrive at a mutually agreeable decision regarding electrical and water connections to the property.
5. Project is detailed and limited as referenced in the Site Plan attached herein as Exhibit A. (Ord. 4260, §3)
This Ordinance shall be in full force and effect from and after the date of its passage and approval. Building permits may not be issued by the Community Development Department until the revised plat has been filed with the Phelps County Recorder of Deeds. (Ord. 4260, §4)

Sec. 42-368. Approving a Conditional Use Permit to the property known as 1501 Martin Springs Drive for the use of a "Concrete batching or transit mix plant (temporary use only)" in the Highway Commercial (zoning) District (C-3). (Lehman)

That the Rolla Planning and Zoning Code, Ordinance No. 3414, which is Chapter 42 of the Code of the City of Rolla, Missouri, and a code that, in accordance with the Comprehensive Plan, divides the City of Rolla into zoning districts; controls the regulation and restriction of the erection, construction, reconstruction, alteration or use of buildings, structures, or land within such districts; and controls the number, shape, and area of such zoning districts on the Official Zoning Map, is hereby amended by authorizing the issuance of a CUP for the use of a “Concrete batching or transit mix plant (temporary use only)” in the Highway Commercial (zoning) District (C-3) on the property currently known as 1501 Martin Springs Drive, which is described in the document with the recording number of 2014-4638 and partly described below:

Fractional Part Lots 101,102,109,110 & 111 Railroad Addition & Fractional Part W/2 SE1/4 of Section 10, Township 37, Range 8 (Ord. 4415, §1)
That, as a condition of the approval of this ordinance, this Conditional Use Permit will expire on December 31, 2018, a date after which the use of a “Concrete batching or transit mix plant (temporary use only)” will no longer be permitted on the property described in Section 1 of this ordinance, which is currently known as 1501 Martin Springs Drive. (Ord. 4415, §2)
This ordinance shall be in full force and effect from and after the date of its passage and approval. Building permits may not be issued by the Community Development Department until the Conditional Use Permit process has been completed by the City Council. (Ord. 4415, §3)

Sec. 42-369. Approving a Conditional Use Permit to the property known as 4060 Hy-Point North for the use of "Arsenals and Munitions Storage" in the M-2, Heavy Manufacturing District. (2nd Amendment Wholesale) (CUP 21-01)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri which zoning ordinances adopts zoning regulations, use districts, and a zoning map in accordance with the Comprehensive Plan is hereby amended by authorizing the issuance of a Conditional Use Permit for the use of "Arsenals and Munitions Storage" in the M-2, Heavy Manufacturing district on property currently known as 4060 Hy-Point North, and as described as follows:

Land situated in the State of Missouri, County of Phelps, described as follows:
All of Lot 1 of Hy-Point Industrial Park North Plat No. 2, Rolla, Missouri, except lands described in Corporation Warranty Deed recorded in the Phelps County Records as Document Number 2004-4999. (Ord. 4603, §1)
That, as a condition of approval of this ordinance, this Conditional Use Permit will be subject to the following conditions:
1. The Conditional Use Permit is granted only to Second Amendment Wholesale and any subsidiary organizations.
2. Any expansion of the facilities will require approval of an amended Conditional Use Permit.
3. The Conditional Use Permit is limited to permitting the storage, distribution, transfer, wholesale, etc. of firearms, ammunition, and accessory products. No on-site retail sales is permitted without approval of an amended Conditional Use Permit.
4. A copy of all required ATF licenses must be submitted for the files.
5. Security fencing and systems must be maintained for the duration of the use. (Ord. 4603, §2)
This ordinance shall be in full force and effect from the date of passage and approval. As of the date of passage and approval, the applicant is under contract to purchase said property. If the purchase of the property is not complete within 180 days of the passage and approval of this ordinance, the ordinance shall be null and void. (Ord. 4603, §3)

Sec. 42-370. Approving a Conditional Use Permit for a 95' monolithic cell tower located at 1900 N. Old St. James Road as requested by Cellective Solutions LLC.

The Findings of Fact and Conclusions of Law on an application for a conditional use permit as requested by Cellective Solutions LLC to be located at 1900 N. Old St. James Road, attached hereto as Attachment A, be, and hereby are approved and adopted. (Ord. 4677, §1)
Following the public hearing and consideration of the evidence and sworn testimony the City Council finds that the Findings as established by Section 42-402(4) are met and therefore the CUP is approved with the following conditions.
1. The applicant must apply for and be granted a variance from the Board of Adjustment allowing the deviation from the setbacks. The crow's nest appurtenance and appearance of the support structure is granted.
2. The applicant must apply for and be granted a change in zoning for the property to the M1 zoning classification to comply with tower height restrictions or be granted a variance by the Board of Adjustment to allow a structure in excess of the maximum height in the current C-3 district.
3. The access driveway including one parking space shall be paved.
4. A six-foot-high fence slatted screening must be erected around the structure with landscape plan developed (and installed) that must be approved by the Community Development Department. Such screening and landscaping must be maintained for the duration of the use.
5. A copy of all required FAA and FCC permits must be submitted for the file. (Ord. 4677, §2)
The City Council determines that the allowance of a crow's nest appurtenance and lack of a disguised tower structure is reasonable in this application and in this particular location (zoned heavy commercial or manufacturing). (Ord. 4677, §3)
This Ordinance shall be in full force and effect from and after the date of its passage and approval. (Ord. 4677, §4)

Secs. 42-371 to 42-372. Reserved.

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION II. PLANNED UNIT DEVELOPMENTS

Sec. 42-373. Approving a community or neighborhood development plan affecting lands situated on the northwest corner of the intersection of Pershing Place and Independence Drive known as Pershing Village.

That the application and plan for the development of a neighborhood unit development in the City of Rolla, Missouri on property more particularly described as follows:

A fractional part of tract 4 of Heritage Heights Addition to the City of Rolla, Missouri, more particularly described as follows: Beginning at the SW corner of Sec. 6, Twp. 37 N. Rng. 7 W.; thence N. 0o 11'E., along the centerline of McCutchen Road, 1665.0ft.; thence S. 89o 49' E., 30.0 ft.; thence along the centerline of Pershing Place and along the arc of a curve, Delta Right, 61o 59', radius 50 ft., 54.09 ft.; thence S. 27o 50' W., 18.85 ft.; thence N. 62o 10'E., 25.0 ft. to the east right of way line of Pershing Place and the point of beginning of the tract herein described; thence N. 62o 03' E., 84.98 ft.; thence N. 81o 50' E. 127.21 ft.; thence S. 36o 56' E., 324.05 ft.; thence N. 79o 23' E., 89.98 ft.; thence S. 11o 20' E., 387.62 ft.; thence N. 78o 40 ft. E., 129.62 ft. to the west right of way line of Independence Road; thence in a southerly direction along the west right of way line of Independence Road and the arc of a curve, Delta angle right, 8o 06' 50", radius 1884.86 ft., a distance of 266.92 ft.; thence S. 4o 00' W., 46.35 ft.; thence N. 23o 26' 52" W., 184.93 ft.; thence S. 57o 54' W., 162.36 ft. to the east right of way line of Pershing Place; thence in a northwesterly direction along the east right of way line of Pershing Place and the arc of a curve, Delta angle right 4o 01' 13", radius 1885.08 ft., a distance of 132.27 ft.; thence N. 28o 50' W., along the right of way line of Pershing Place, 23.30 ft.; thence in a northwesterly direction along the right of way line of Pershing Place, and the arc of a curve, Delta left, 8o 00', radius 1935.00 ft., 270.18 ft.; thence N. 36o 50' W., along the east right of way line of Pershing Place 35.96 ft.; thence northwesterly along the east right of way line of Pershing Place and the arc of a curve, Delta right, 9o 00' radius 1885.08 ft., 296.11 ft.; thence N. 27o 50' W., 146.06 along the east right of way line of Pershing Place to the point of beginning. Containing 5.12 acres, more or less, as per survey by John B. Heagler, Jr.

Be and the same is hereby approved, subject to the following modifications, conditions and provisions:

Supplemental use regulation set forth in Section 42-278 paragraph (i) is hereby waived.
Section 42-36 (i) of the Code of the City of Rolla, Missouri, is hereby waived.
Section 42-26 of the Code of the City of Rolla, Missouri, is hereby waived.
That the appropriate restrictions be attached to final plat of the area to maintain the use restrictions approved by the Planning and Zoning Commission. (Ord. 2321, § 1, 5-3-82.)

Sec. 42-374. Approving a community or neighborhood development plan for the Charles Maize property affecting lands situated in lot 3 of the Railroad Addition located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 2.

All that part of lot 3 of Railroad Addition to the City of Rolla, Missouri, and located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Sec. 2, Twp. 37N., Rng. 8 W. of 5th P.M., described as follows:

Commencing at the NE corner of Railroad lot 3 and on Vienna Road; thence S. 88o 44' W. 19.8 ft. along the N. line of said Railroad lot 3 to the W. line of said Vienna road, the true point of beginning of the tract hereinafter described; thence S. 0o 54' E. 260.09 ft. along said W. line; thence S. 89o 06' W. 270.56 ft.; thence S. 0o 54' E. 160.95 ft.; thence N. 89o 06' E. 270.56 to aforesaid W. line of Vienna Road; thence S. 0o 54' E. 168.5 ft. along said W. road line to the S. line of Railroad lot 3; thence S. 89o 40' W. 270.64 ft. along said S. line of lot 3 to the center line of a small creek; thence N. 24o 59' W. 207.06 ft. and N. 19o 34' W. 192.93 ft. and N. 1o 33' E. 102.08 ft. and N. 12o 29' W. 112.36 ft. all along center line of creek to the N. line of Railroad lot 3 at a point N. 88o 44' E. 212.0 ft. from the NW corner of said lot 3; thence N. 88o 44' E. 434.74 ft. along said N. line to the true point of beginning.

Be and the same is hereby approved, subject to the following modifications, conditions and provisions:

Supplemental use regulation set forth in Section 42-274 paragraph (i) is hereby waived.
Section 42-36 (i) of the Code of the City of Rolla, Missouri, is hereby waived.
Section 42-26 of the Code of the City of Rolla, Missouri, is hereby waived.
That the appropriate restrictions be attached to final plat of the area to maintain the use restrictions approved by the Planning and Zoning Commission. (Ord. 2339, §1, 8-2-82.)

Sec. 42-375. Amending the site plan of the Vienna Woods neighborhood or community unit development.

That the site plan of the Vienna Woods Neighborhood or Community Unit Development plat as same is submitted on this date is hereby approved as amended. (Ord. 2403, §1, 1-3-84)

Sec. 42-376. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated north of 10th Street and abutting the east corporate limits in the City of Rolla, Missouri.

That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:

"A fractional part of the South Half of Lot 1 of the Southwest Quarter of Section 6, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northeast Corner of the South Half of Lot 1 of the Southwest Quarter of said Section 6; thence North 88°-46' West, 171.50 feet along the Half Lot Line to the true point of beginning of the hereinafter described tract: Thence continuing North 88°-46' West, 634.31 feet along said Half Lot Line to the northeast corner of a parcel described in Phelps County Deed Records at Book 160, Page 347; thence South 0°-24'-50" East, 417.52 feet along the East Line of said Book 160, Page 347 parcel to its southeast corner; thence North 88°-46' West, 23.80 feet along the South Line of said Book 160, Page 347 parcel; thence South 0°-19'-20" East, 869.81 feet to the North right-of-way of State Route BB; thence South 89°-15' East, 60.01 feet along said North right-of-way; thence North 0°-19'-20" West, 347.82 feet; thence South 89°-42'-30" East, 583.59 feet; thence North 0°-31'-10" East, 929.13 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, description derived from survey R-4624, dated November 22, 1991, by Elgin Surveying & Engineering, Inc."

be and the same is hereby approved. (Ord. 2853, §1)

Sec. 42-377. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated west of Forum Drive and south of St. James Road (Oak Tree Apartments).

That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:

All of Tract No. 6 of the Forum Lakes Addition, an Addition to the City of Rolla, Missouri, and being generally located on the west side of Forum Drive, North of the intersection of Forum Drive and California Drive to a point 654 feet north of said intersection.

be and the same is hereby approved. (Ord. 3019, §1)

Sec. 42-378. Approving North Brook, a planned unit development according to the provisions of Article III, Chapter 42.278 of the Code of the City of Rolla, Missouri.

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 38 North, Range 8 West of the 5th P.M. described as follows: Beginning at the Northeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 36; thence South 0°08'10" West, 757.75 feet along the East line of said Southwest Quarter of the Southeast Quarter of the northeast corner of a parcel described in Phelps County Deed Records at Document No 9300693; thence south 88°42'50" West, 249.88 feet along the North line of said Document No. 9300693 parcel to its northwest corner; thence South 0°09'20" West, 522.90 feet along the West line of said Document No. 9300693 parcel to its Southwest corner, also being a point on the North right of way of Old St. James Road, thence South 88°47'10" West, 159.07 feet along said North right of way; thence North 1°55' West, 18.00 feet; thence North 31°14'20" West, 83.53 feet; thence North 13°33'20" West, 153.84; thence North 45°37'50" West, 60.28 feet; thence North 32°31'40" West, 88.42 feet; thence North 64°08'50" West, 116.23 feet; thence North 33°10' West, 6.96 feet to the Corporate Limits of Rolla, Missouri; thence North 0°08'30" East, 82.56 feet, and, North 10°33'40" East, 798.92 feet, all along said Corporate Limits; thence North 89°00' East, 544.53 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, per plat of survey R-7295, dated June 25, 1996, by Elgin Surveying & Engineering, Inc.

from its present C-3 (commercial district) to PUD (planned unit development) zoning. (Ord. 3161, §1)

Sec. 42-379. Approving the rezoning and final plat of Park Place Senior Housing, a Planned Unit Development. (Brown)

A fractional part of Lot 85 of Railroad Addition, Rolla, Missouri more particularly described as follows: Beginning at the Southwest Corner of Lot 85 of said Railroad Addition; thence North 0°25'50" East, 652.13 feet along the West line of said Lot 85 to the southerly right-of-way of Lanning Lane; thence North 87°47' East 379.52 feet along said southerly right-of-way to the west line of a parcel described in Phelps County Deed Records at Book 298, Page 175; thence South 0°33'40" West, 658.56 feet along said West line to the South line of the aforesaid Lot 85 of Railroad Addition; thence South 88°44'40" West, 377.77 feet along said South line to the point of beginning. Above described tract contains 5.69 acres, more or less, per plat of survey R-9583, dated September 7, 2000 by Elgin Surveying & Engineering, Inc.

from its present R-1 (single family district) to R-3 (multi-family district) zoning.

That an application for a Planned Unit Development (PUD) for this property, Park Place Senior Housing, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3403, §§ 1 & 2)

Sec. 42-380. Approving the rezoning and final plat of Jordan's Pass, a Planned Unit Development. (Jordan)

(Ord. 3406, §§ 1 & 2) (Repealed by Ord. 3504, § 1)

Sec. 42-381. Approving the rezoning and final plat of North Meadow, a Planned Unit Development (Sally/Brown).

That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows:

Tract 9 of Forum Lakes Subdivision, a Subdivision in Rolla, Missouri

from its present R-3 (multi-family district) zoning to PUD (Planned Unit Development). (Ord. 3431, §1)

That an application for a Planned Unit Development (PUD) for this property, North Meadow Planned Unit Development, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3431, §2)

Sec. 42-382. Approving North Ridge Planned Unit Development (Sally/Brown).

That the Basic Zoning Ordinance 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lots 11A and 11B of a Resubdivision of Tract 11 of Forum Lakes Subdivision, a Subdivision in Rolla, Missouri from its present R-3 (multi-family district) zoning to PUD (Planned Unit Development).
That an application for a Planned Unit Development (PUD) for this property, North Ridge Planned Unit Development, has met the requirements of Section 42-201 of the Code of the City of Rolla, Missouri and is hereby approved.
The Planned Unit Development shall follow the requirements and standards of attached "Exhibit 1" (Ord. 3512, §§ 1 & 2)

Sec. 42-383 - Approving Lexington Place as a Planned Unit Development. (Brown)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 38 North, Range 8 West of the 5th P.M. described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 35; thence South 88°19'30" West, 25.01 feet along the South line of said Southwest Quarter of the Southeast Quarter to the West right of way of Vienna Road, the true point of beginning of the hereinafter described tract: Thence continuing South 88°19'30" West, 129.99 feet along said South line of the Southwest Quarter of the Southeast Quarter to the southeast corner of a parcel described in Phelps County Deed Records at Document No. 2002-7619; thence North 0°26' West, 211.44 feet along the East line of said Document No. 2002-7619 parcel to its northeast corner; thence North 75°08' West, 306.45 feet, and, South 88°18'20" West, 185.25 feet, all along the northerly line of said Document No. 2002-7619 parcel to the easterly right of way of Vichy Road; thence North 19°42'10" West, 265.10 feet along said easterly right of way to the southernmost corner of Lot 1 of Spring Crest; thence North 36°10'30" East, 109.75 feet, and, North 27°05'20" East, 89.64 feet, and, North 16°41'20" East, 92.10 feet, and, North 2°40' East, 39.26 feet, and, North 16°37'20" East, 47.92 feet, and, North 27°05'10" East, 74.66 feet, and, North 30°24'50" East, 117.89 feet, and, North 5°06'40" West, 68.93 feet, and, North 59°37'10" West, 64.49 feet, and, North 42°17'40" West, 133.14 feet, and, North 10°04'20" West, 65.27 feet, all along the easterly line of said Lot 1 to the North line of the aforesaid Southwest Quarter of the Southeast Quarter; thence North 88°12'30" East, 468.74 feet along said North line; thence South 0°15'10" East, 207.45 feet to the North line of a parcel described in Phelps County Deed Records at Document No. 9404466; thence South 88°27'20" West, 57.34 feet along said North line to the northwest corner of said Document No. 9404466 parcel; thence South 1°01'20" East, 435.06 feet along the West line of said Document No. 9404466 parcel and its extension to the northwest corner of a parcel described in Phelps County Deed Records at Document No. 1997-3569; thence South 0°40'30" West, 227.49 feet along the West line of said Document No. 1997-3569 parcel and its extension to the northwest corner of a parcel described in Phelps County Deed Records at Book 289, Page 239; thence South 0°30'20" East, 168.33 feet along the West line of said Book 289, Page 239 parcel to its southwest corner; thence South 75°14' East, 210.37 feet along the southerly line of said Book 289, Page 239 parcel to the aforesaid West right of way of Vienna Road; thence South 0°25'50" East, 225.52 feet along said West right of way to the true point of beginning. Above described tract contains 10.19 acres, more or less, per plat of survey R-11095, revised December 8, 2003, by Elgin Surveying & Engineering, Inc. from R-1 (single-family district) zoning to PUD (Planned Unit Development).
That an application for a Planned Unit Development (PUD) for this property, Lexington Place Planned Unit Development, has met the requirements of Section 42-201 of the Code of the City of Rolla, Missouri and is hereby approved.
The Planned Unit Development shall follow the requirements and standards of attached "EXHIBIT 1" and be in substantial conformance with the site plan.
This Ordinance shall be in full force and effect from and after the date of its passage and approval.
Occupancy permits shall not be issued for any of the units until public street improvements have been completed with the approval of the Public Works Director. (Ord. 3590, §§1-5)

Sec. 42-384. Approving Cedar Trail Planned Unit Development. (Timber Ridge Builders)

That ordinance number 3647 (Zumwalt Planned Unit Development) is hereby repealed.
That an ordinance shall be adopted to establish Cedar Trail Planned Unit Development according to Section 42.201 of the Rolla City Code for the following property situated within the City of Rolla, Missouri, and described as follows: A part of Lots 59, 60, 68 and 69 all in the Railroad Addition to the City of Rolla, Phelps County, Missouri, described as follows:

Beginning at an iron pin at the SW corner of Railroad Lot 59; Thence along the South line of Railroad Lot 60, S 87°22'01" W (basis of bearing based on survey #I-1703 by Integrity Engineering, Inc.) 144.66 feet to an iron pin on the Southerly right-of-way line of Christy Drive, as located September 2006; Thence with said Southerly right-of-way line, S 56°49'19" W 100.45 feet an iron pin; Thence along a curve to the left with a chord bearing and length of S 38°10'32" W 111.91 feet to an iron pin; Thence S 19°31'44" W 82.91 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of S 42°05'47" W 172.70 feet to an iron pin; Thence S 64°39'49" W 197.27 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of N 88°08'40" W 205.64 feet to an iron pin; Thence N 60°57'10" W 190.24 feet to an iron pin at the intersection with the Southeasterly right-of-way line of Houston Road, as located September 2006; Thence with said Southeasterly right-of-way line, along a curve to the right with a chord bearing and length of N 26°40'48" E 28.47 feet; Thence N 31°22'37" E 21.57 feet to an iron pin at the intersection with the Northerly right-of-way line of Christy Drive; Thence with said Northerly right-of-way line, S 60°57'10" E 190.53 feet to an iron pin; Thence along a curve to the left with a chord bearing and length of S 88°08'40" E 159.94 feet to an iron pin; Thence N 64°39'49" E 197.27 feet to an iron pin; Thence along a curve to the left with a chord bearing and length of N 42°05'47" E 134.32 feet to an iron pin; Thence N 19°31'44" E 82.91 feet to an iron pin; Thence along a curve to the right with a chord bearing and length of N 38°10'32" E 143.88 feet to an iron pin; Thence N 56°49'19" E 15.71 feet to an iron pin at the intersection with the South line of Railroad Lot 60; Thence with said South line, S 87°22'01 W 92.52 feet to an iron pin; Thence leaving said South line N 34°41'55" W 279.25 feet to an iron pin on the Southeasterly right-of-way line of Houston Road, as located September 2006; Thence with said Southeasterly right-of-way line, N 53°29'16" E 44.91 feet to an iron pin; Thence N 53°10'06 E 260.29 feet to an iron pin; Thence N 42°33'17" E 140.93 feet to an iron pin; Thence N 44°28'12" E 78.25 feet to an iron pin; Thence leaving said Southeasterly right-of-way line, S 00°47'31" W 312.04 feet to an iron pin; Thence S 89°29'04" E 104.05 feet to an iron pin on the West line of Railroad Lot 59; Thence with said West line, N 00°47.31" E 420.51 feet to an iron pipe at the NW corner of Railroad Lot 59; Thence with the North line of Railroad Lot 59, N 89°08'46" E 378.33 feet to an iron pin; Thence N 88°47'55" E 118.59 feet to an iron pin; Thence leaving said North line, S 00°15'29" E 665.47 feet to an iron pin on the South line of Railroad Lot 59; Thence with said South line S 89°4'08" W 505.83 feet to the point of beginning. Description per survey number I-2706 by Integrity Engineering, Inc. October 9, 2006. Containing 12.42 acres. Subject to easements and restrictions existing and of record.
That the Planned Unit Development shall follow the requirements and standards of "Exhibit I" attached (Requirements and Standards applicable to Lot 2 of Cedar Trail Planned Unit Development) and be in substantial conformance with the site plan.
That "Exhibit I" shall be filed with this ordinance. (Ord. 3647, §§1-3; Ord. 3772, §§1-3; Ord. 3900, §§2-3)

Sec. 42-385. Approving real estate known as 1551 Highway 72 East from R-1 (Single Family) to PUD (Planned Unit Development) District zoning. (Bahr)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of the North Half of Lot 2 of the Northwest Quarter, and a fractional part of the North Half of Lot 3 of the Northwest Quarter of Section 18, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of Lot 2 of the Northwest Quarter of said Section 18; thence South 89°13'50" East, 30.00 feet along the Section Line to the true point of beginning of the hereinafter described tract: Thence continuing South 89°13'50" East, 516.00 feet along said Section Line to the northwest corner of a parcel described in Phelps County Deed Records at Document No. 2002-5138; thence South 0°10'40" West; 781.36 feet along the West line of said Document No. 2002-5138 parcel to the North line of a parcel described in Phelps County Deed Records at Document No. 2000-878; thence North 89°12'40" West, 559.86 feet along the northerly line of said Document No. 2000-878 parcel to its northwest corner; thence South 40°45'20" West, 421.68 feet along the westerly line of said Document No. 2000-878 parcel to the northeasterly right of way of Missouri Highway 72; thence North 49°23'10" West, 61.45 feet along said northeasterly right of way to the southernmost corner of a parcel described in Phelps County Deed Records at Document No. 2003-2216; thence North 40°58'30" East, 467.06 feet along the southeasterly line of said Document No. 2003-2216 parcel; thence South 76°34'40" East 61.21 feet; thence South 89°18' East, 170.22 feet; thence North 0°10'40" East, 375.00 feet; thence North 89°`12'50" West, 170.00 feet; thence North 0°10'10" East, 346.33 feet to the true point of beginning. Above described tract contains 8.49 acres, more or less, per plat of survey R-11834, revised June 13, 2005 by Elgin Surveying & Engineering, Inc. from R-1 (single family) to PUD (planned unit development) zoning.
Any future land subdivision within the PUD shall require the dedication of right-of-way, in an amount and location as determined by the Public Works Director. (Ord. 3685, §§1-2)

Sec. 42-386. Approving the rezoning of real estate known as 8.43 acres South of Victoria Hills Plat No. 2 from R-1 (Single Family) District to PUD (Planned Unit Development. (Forness)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Part of the SW1/4 of the SW1/4 of Section 13, T37N, R8W of the 5th P.M. in the City of Rolla, Phelps County Missouri, described as follows: commencing at the SW corner of the SW1/4 of the SW1/4 of said Sec. 13, thence N32°37'28"E 52.38 feet to the east right-of-way line of Rolla Street. Thence along said East right-of-way line N00°24'23"E 181.16 feet to the point of beginning. Thence with same N00°07'54"E 179.48 feet, thence with same N00°16'10"E 10.00 feet to the South line of Victoria Hills Plat #2, thence leaving said East right-of-way line of Rolla Street N89°21'13"E 1304.61 feet along the South line of Victoria Hills Plat #2, thence leaving said South line S00°51'30"W 9.95 feet along the East line of said SW1/4 of the SW1/4, thence with same S00°22'46"W 189.25 feet to the Northerly right-of-way line of Lions Club Drive. Thence leaving said East line along said Northerly right-of-way line the following courses and distances S64°27'53"W 76.16 feet, thence along a curve to the right having a radius of 1660.00 feet and an arc length of 604.63 feet with a chord of S75°32'33"W 601.29 feet, thence along a curve to the right having a radius of 2251.83 feet and an arc length of 135.68 feet with a chord of S88°09'16"W 135.66 feet, thence N89°52'17"W 80.73 feet, thence leaving said northerly right-of-way line N00°13'57"W 185.00 feet to the South right-of-way line of Pebble Stone Lane, thence along said South right-of-way line S89°32'03"W 250.00 feet, thence with same S89°44'43"W 185.55 feet to the point of beginning. Containing 8.43 acres. Subject to easements and restrictions existing or of record; from R-1 (single family district) to PUD (planned unit development) zoning.
That Pebble Stone PUD be approved with the landscaping site plan, building elevation drawing, homeowner covenants/restrictions and Exhibit I requirements and standards.

(Ord. 3745, §§1-2)

Sec. 42-387. Approving the rezoning of real estate known as Lot 1 of VBC Inc Subdivision from C-2 (General Retail District) zoning to PUD (Planned Unit Development District) zoning. (Lincoln Hotel Group Inc.)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lot 1 of VBC Inc. Subdivision, a subdivision in the City of Rolla, from C-2 (general retail district) zoning to PUD (Planned Unit Development District) zoning.
The PUD site plan and Exhibit 1 shall be filed with the ordinance. (Ord. 3787, §§1-2)

Sec. 42-388. Approving rezoning real estate known as Lots 1-4 and the north half of the vacated alley of Block 9, Holloway Addition from R-3 (Multi Family) Zoning to PUD (Planned Unit Development District) Zoning. (Chapman)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Lots 1-4 and the north half of the vacated alley of Block 9, Holloway Addition, in the City of Rolla, from R-3 (multi-family district) zoning to PUD (Planned Unit Development District) zoning.
The PUD site plan and Exhibit 1 shall be filed with the ordinance. (Ord. 3795, §§1-2)

Sec. 42-389. Approving the rezoning of real estate known as 400 East 6th Street (Block 70, County Addition) from C-1 (neighborhood business district) to PUD (planned unit development district) zoning. (Marge & Mavis LLC)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: 400 East 6th Street (Block 70, County Addition), in the City of Rolla, from C-1 (neighborhood business district) zoning to PUD (planned unit development district) zoning.
Exhibit I, Exhibit I (A) Site Plan, Exhibit I (B) Landscape Plan, Exhibit I (C) Exterior Elevations, shall be filed with the ordinance.
By this Ordinance, the City Council hereby consents to the issuance of a license to sell liquor limited to the School House PUD. The School House PUD building does not lie within 100 lineal feet of a school, church, or building regularly used as a place of worship and, therefore, is not subject to any exception requirement under State statute. (Ord. 3873, §§1-3)
That Ordinance No. 3873 of the Code of the City of Rolla, Missouri is hereby revised and amended by changing certain land use and site/building design elements as described in the attached Exhibit 1 (Text) affecting real estate described as follows: 400 East 6th Street (Block 70, County Addition), in the City of Rolla.
Exhibit I (Text), Exhibit (A) Development (site) Plan, Exhibit (B) Landscape Plan, Exhibit (C) Exterior Elevation, Exhibit (D) Exterior Elevation "Patio" shall be filed with the revised and amended ordinance. (Ord. 3921, §§1-2)

Sec. 42-390. Approving the rezoning of real estate known as part of Tract 3, Heritage Heights Addition from R-3 (Multi-Family) zoning to PUD (Planned Unit Development District) zoning. (Gingerbread House)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:

A fractional part of Lot 3 of Heritage Heights Addition, Rolla, Missouri more particularly described as follows: Beginning at the Southwest corner of Tract B, of said subdivision, thence North 89°42'00" East, 378.01 feet to the Westerly right-of-way of Pershing Place, thence Southeasterly along said right-of-way on a curve with a chord bearing and distance of South 30°36'00" East, 98.24' with a 1,885.00' radius, thence South 29°06'20" East, 23.30', thence along a curve with a chord bearing and distance of South 30°22'40" East, 85.95' with a radius of 1935.08' to a point on the Westerly right-of-way of Pershing place and the Northerly right-of-way of Truman Avenue, thence along said Truman Avenue South 57°55'40" West, 215.27', thence along said right-of-way on a curve with a chord bearing and distance of North 87°56'00" West, 50.17' with a radius of 44.70', thence North 53°47'40" West, 87.80', thence along a curve with a chord bearing and distance of North 71°57'10" West, 170.18' with a radius of 273.03', thence South 89°53'20" West, 17.10' to the Easterly right-of-way of McCutchen Drive, thence along said McCutchen Drive North 00°09'10" West, 185.04' back to the point of beginning; containing approximately 2.37 acres more or less from R-3 (multi-family district) zoning to PUD (Planned Unit Development District) zoning.
Exhibit I (Requirements/Standards), Exhibit II (Site Plan) and Exhibit III (Exterior Elevations) shall be filed with the ordinance. (Ord. 3889, §§1-2)

Sec. 42-391. Approving the rezoning of real estate known as 207 West 9th Street from G-I to PUD. (Wands)

That Ordinance No. 3917 of the Code of the City of Rolla, Missouri is hereby revised and amended by changing the total proposed occupancy permitted as described in the attached Exhibit 1 (Text) affecting real estate described as follows: 207 West 9th Street, in the City of Rolla. (Ord. 3917, §1; 3945, §1)
Exhibit 1 (Text) shall be filed with the ordinance. (Ord. 3917, §2; 3945, §2)

Sec. 42-392. Rezoning of real estate known as 600-602 North Elm Street and 604 North Elm Street, from CC (Center City District) zoning and C-3 (Highway Commercial District) zoning to PUD (Planned Unit Development District) zoning. (Wands)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: All of Lot 7 and a fractional part of Lots 3, 5, and 6, County Addition from CC (Center City District) zoning and C-3 (Highway Commercial District) zoning to PUD (Planned Unit Development District) zoning. (Wands) (Ord. 4031, §1)
See attached Exhibit 1 (text) and the Sally Building Development Plan, which shall be filed with the revised and amended re-zoning ordinance. (Ord. 4031, §2)

Sec. 42-393. Rezoning of real estate known as Lot 4 of the Heritage Height Subdivision, A 1.3 acre tract located at the intersection of Pershing Place and Truman Avenue, from C-O (Commercial Office District) to PUD (Planned Unit Development District) zoning. (Woessner)

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: All of Lot 4, Heritage Height Re-Subdivision of Tract 2 & 3 from C-O (Commercial Office District) to PUD (Planned Unit Development District) zoning. (Woessner) (Ord. 4032, §1)
See attached Exhibit 1 (text) and the Pershing Hill Development Plan, which shall be filed with the revised and amended re-zoning ordinance. (Ord. 4032, §2)

§ 42-394. Amending the Planned Unit Development known as the Pebble Stone PUD by amending certain elements found in Exhibit 1 of said PUD (Forness).

That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing certain elements of Exhibit 1 as follows:
1. Uses Permitted: The PUD may consist of nineteen duplex or attached single-family type dwellings totaling not more than 38 dwelling units. In lieu of any duplex or attached single-family type dwelling unit, as shown on the Pebble Stone approved Site Plan, there may be constructed one, single-family dwelling unit (to be located upon two tracts, with setback requirements to be enforced and applied as in the case of a duplex or attached single-family dwelling unit). A 0.5 acre private neighborhood park shall be developed as shown on the Pebble Stone PUD Site Plan. The City of Rolla will not be responsible for improving and maintaining the private "Recreation Area" shown on the Pebble Stone PUD Site Plan.
2. Intensity of Development: Development shall adhere to the following: Each duplex or attached single-family building shall have a minimum of three thousand eight hundred and fourteen (3,814) square feet of gross floor area. Each single family dwelling (as constructed across two tracts) shall have a minimum of one thousand six hundred (1,600) square feet of gross floor area on the ground level.
That Exhibit 1 of the Pebble Stone PUD is hereby amended to reflect the changes and restrictions found in the revised Exhibit 1 "Uses Permitted" and "Intensity of Development" requirements and standards.

Secs. 42-395. Reserved.

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION IIa. WIRELESS COMMUNICATIONS FACILITIES CODE

Sec. 42-396. Purpose.

Statement of Purpose. The general purpose of this Division 22 ("Division") is to regulate the placement, construction, and modification of telecommunications Wireless Communications Facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Rolla. Specifically, this Division is intended to:

Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City of Rolla;
Minimize adverse visual impacts of Wireless Communications Facilities through careful design, siting, landscape screening, and innovative camouflaging techniques that provide predictability for nearby property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties;
Ensure that any new Wireless Communications Facilities are compatible with the neighborhood or surrounding community to the extent possible; and
Ensure that regulation of Wireless Communications Facilities does not have the effect of prohibiting the provision of personal wireless services, does not unreasonably discriminate among functionally equivalent providers of such service and promotes the provision and availability of communication services within the City, and is no more burdensome than regulations applied to other types of infrastructure deployments.

Applicability; preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this Division shall be applicable to all Wireless Communications Facilities existing or installed, built, or modified after the effective date of this Division to the fullest extent permitted by law. No provision of this Division shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this Division is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law. (Ord. 4470, §1)

Sec. 42-397. Definitions.

As used in this Division, the following terms shall have the meanings and usages indicated:

Accessory Use: Any use authorized herein that exists in addition to the principal use of the property.
Antenna: Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antenna less than two meters in diameter (mounted within 12 feet of the ground or building-mounted) and any receive-only home television antenna.
AGL (Above Ground Level): Ground level shall be determined by the elevation at the center location of measurement.
Authority Pole: A Utility Pole that is owned and/or operated by the City but shall not include municipal electric utility distribution poles or facilities.
Cabinet: A structure for the protection and security of communications equipment associated with one or more Antenna where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four feet by six feet, and vertical height that does not exceed six feet.
Director: The Community Development Director or his/her designee or official acting in such capacity.
Disguised Support Structure: Any freestanding, artificial structure designed for the support of Antenna, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the structure. Such structures may include but are not limited to clock towers, campaniles, observation towers, light standards, flagpoles, and artificial trees. For purposes of this definition, a structure "camouflaged or concealed as an appropriately-placed and designed architectural or natural feature" shall mean:

It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
It does not contain distorted proportions, size, or other features not typically found on the type of structure or feature to which it is designed to replicate;
It cannot be identified as a Support Structure by persons with reasonable sensibilities and knowledge;
Its equipment, accessory buildings, or other aspects or attachments relating to the Disguised Support Structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural structure or feature being replicated; and
It is of a height, design, and type that would ordinarily occur at the location and neighborhood selected.

Existing Structure: Any structure capable of supporting Wireless Communication Facilities (other than a Support Structure) in full conformance with the design and other requirements of this Division and is: (1) existing prior to the date of all applicable permit applications seeking City authorization for installation of such facilities thereon and (2) not built or installed in anticipation of such specific installation or erected as a means to evade approvals applicable to a non-existing structure.
FAA: The Federal Aviation Administration.
Fast-Track Small Wireless Facility or Fast-Track: A Small Wireless Facility that meets the following requirements for an Antenna and associated equipment:

No more than seven cubic feet in volume (comprised of no more than 27 square feet of exterior surface area, excluding the surface width equal to the width of the Existing Structure or Utility Pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four inches or less). Volume shall be the measure of the exterior displacement of the Antenna and associated equipment;
Located with the consent of the owner on an Existing Structure or Utility Pole, or concealed within or on a replacement Utility Pole if appearance is not materially altered and the replacement Existing Structure or Utility Pole is no more than five feet taller;
Not exceeding six feet above the top of an Existing Structure or Utility Pole for a total height not exceeding 50 feet nor taller than more than six feet above the average of similar poles within 300 feet.

FCC: The Federal Communications Commission.
Height: The vertical distance measured from the center location of measurement at ground level to its highest point and including the main structure and all attachments thereto.
Person: An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the City.
Right of Way: The area on, below, or above a public roadway, highway, street, or alleyway, but not including:
The airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service;
Easements obtained by utilities or private easements in platted subdivisions or tracts;
Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
Poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a municipally owned or operated utility pursuant to Missouri law.
Shelter: A building for the protection and security of communications equipment associated with one or more Antenna and where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected Antenna is prohibited.
Small Wireless Facility: Antennas and associated equipment that meet the following:

Each Antenna could fit within an enclosure of no more than six cubic feet in volume; and
All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than 28 cubic feet in volume; provided that no single piece of equipment on the Authority Pole shall exceed nine cubic feet in volume, and no single piece of ground mounted equipment shall exceed 15 cubic feet in volume.

Support Structure: A Tower or Disguised Support Structure.
Tower: A structure designed for the support of one or more Antenna and including guyed towers, self-supporting (lattice) towers, or monopoles, but not Disguised Support Structures, Utility Poles, or buildings. The term shall also not include any Support Structure that includes attachments of 50 feet or less in height owned and operated solely for use by an amateur radio operator licensed by the FCC.
Utility Pole: A pole or similar structure that is or may be used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of Small Wireless Facilities or Fast Track.
Wireless Communications Facility: Any Antenna, Small Wireless Facility, Fast Track, Cabinet, Shelter, and Support Structure and associated equipment. (Ord. 4470, §1)

Sec. 42-398. Application Procedures; Timing.

Applications. Applications for permitted, administrative, or conditional uses pursuant to this Division shall be subject to the supplementary procedures in this Division. Applications shall be submitted to the City as a complete application on forms provided by the City. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs, and information as required thereon or by the City, consistent with this Division. Applications shall be accompanied by a building permit application and other applicable forms.
Proof of Owner Consent. Applications for permitted, administrative, or conditional uses pursuant to this Division shall be required to provide proof of owner consent, which shall minimally include:

Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in street rights-of-way, the rights-of-way owner thereof), including when the proposed location is also in a utility easement; and
Written consent to pursue the application of the owner of the structure on which such Facility is to be placed, if different than applicant.

Timing. Applications shall be decided upon within a reasonable time, subject further to state or federal specific additional time requirements as may apply to the particular application.
Consolidated Applications for Small Wireless Facilities. An applicant may submit a consolidated application and receive a single permit for up to 20 collocated Small Wireless Facilities, provided that they are for the same or materially the same design of Small Wireless Facility being collocated on the same or materially the same type of Utility Pole or Support Structure. Denial of one or more Small Wireless Facilities in a consolidated application shall not delay processing of any other Small Wireless Facilities in the same consolidated application.
Opportunity to Cure. In case of a denial, the applicant may cure the deficiencies identified by the City and resubmit the application within 30 days of the denial without paying an additional application fee. The City shall approve or deny the revised application within 30 days of resubmission and limit its review to the deficiencies cited in the original denial. (Ord. 4470, §1)

Sec. 42-399. General Requirements.

Applicability. The requirements set forth in this Division shall be applicable to all Wireless Communications Facilities within the City installed, built, or modified after the effective date of this Division to the full extent permitted by law. Such zoning review and approvals required in this Division shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, rights-of-way, or other permits or approvals.
Principal or accessory use. Towers may be either a principal or accessory use in all non-residential zoning districts, subject to any applicable requirement relating to yard or setback. An accessory use subject to a leasehold interest of a person other than the lot owner may be approved for a Tower only if the leasehold area separately meets all requirements for a separate subdivided lot, including dedicated access, parking, setbacks, and lot size, applicable to a principal use in the district in which the use is proposed as if it was a separate subdivided lot. No other district shall allow Towers unless required by law. All other Wireless Communications Facilities and Utility Poles other than Towers, may be a principal or accessory use in all districts subject to the requirements herein.
Building codes, safety standards, and zoning compliance. Wireless Communications Facilities shall be constructed and maintained in compliance with all standards contained in applicable state and local building codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a Support Structure, a Utility Pole, or Antenna, including Small Wireless Facility and Fast Track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement. In addition to any other approvals required by this Division, no Wireless Communication Facility or portion thereof, except for a modification under 47 U.S.C. § 1455(a), shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit. For sites within City rights-of-way, (1) the most restrictive adjacent underlying zoning district classification shall apply unless otherwise specifically zoned and designated on the official zoning map, (2) Wireless Communications Facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the rights-of-way or obstruct the legal use of such rights-of-way by authorities or authorized rights-of-way users; and (3) such use shall be required to obtain applicable permits and comply with the City's ROW management rules and regulations set forth in Article III of Chapter 36.
Regulatory compliance. All Wireless Communications Facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, state, or federal agency with the authority to regulate Wireless Communications Facilities, and including all required licenses, permits, and taxes applicable to such structure and/or modification. Should such standards or regulations be amended, then the owner shall bring such devices and structures into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any Wireless Communications Facilities permitted by this Division shall be granted for any applicant having an uncured violation of this Division, any zoning regulation regarding the lot on which the structure is proposed, or any other governmental regulatory, licensing, or tax requirement applicable to such Wireless Communications Facilities within the City unless preempted by applicable law. Modifications under 47 U.S.C. § 1455(a) shall be approved without regard to zoning regulations regarding the lot on which the modification is proposed.
Security. All Wireless Communications Facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify Wireless Communications Facilities. Additional measures may be required as a condition of the issuance of a Building Permit as deemed necessary by the Director or by the City Council in the case of a Conditional Use Permit.
Lighting. Antenna, Small Wireless Facilities, Fast Track, and Support Structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the Antenna, Small Wireless Facilities, Fast Track, or Support Structure. Lighting may also be approved as a consistent component of a Disguised Support Structure. Equipment Cabinets and Shelters may have lighting only as approved by the Director or City Council on the approved site plan.
Advertising. Except for a Disguised Support Structure in the form of an otherwise lawfully permitted sign, the placement of advertising on Wireless Communications Facilities is prohibited other than on-premises signage of not greater than one square foot on ground equipment or required safety signage.
Design.

Color. Subject to the requirements of the FAA or any applicable state or federal agency, Wireless Communications Facilities and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Director, or the City Council in the case of Conditional Use Permits, consistent with the requirements of this Division.
Ground equipment. When authorized, equipment Shelters, or Cabinets shall have an exterior finish reasonably compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular zoning district in which the facility is located unless not feasible. All ground equipment shall be either placed underground, contained in a single Shelter or Cabinet, or concealed within a building or approved walled compound.
Antenna design. Antenna attached to a Disguised Support Structure or Tower shall be contained within the Disguised Support Structure or within or mounted flush on the surface to which they are mounted. Antenna attached to an existing building, Utility Pole, or structure shall be of a color matching the surface to which they are mounted. Antenna on the rooftop or attached to a building shall be screened or constructed and/or colored to match the structure to which they are attached. All Antenna shall be designed to be disguised and maximally concealed on or within the Support Structure or other structure. Exposed Antenna on "crow's nest" or other visible platforms or extensions are prohibited.
Height. Support Structures and Antenna shall not exceed the height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support Structures and Utility Poles may exceed underlying zoning district height restrictions for buildings and structures only where shown to be necessary, provided that no reasonable and feasible alternative exists. To the extent permitted by applicable law, district height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval. No Support Structure shall be approved at a height exceeding 120 feet AGL unless the applicant clearly demonstrates that such height is required for the proper function of the applicant's system.
Monopole design. All Towers shall be of a monopole design. Lattice, guyed Towers, or other non-monopole Tower designs shall not be permitted.
Compound walls/landscaping. All Towers shall be surrounded by a minimum of a six-foot high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten feet in width and planted with materials, which will provide a visual barrier to a minimum height of six feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of screening may be approved by the Director, or by the City Council in the case of a Conditional Use Permit, upon demonstration by the applicant that an equivalent degree of visual screening will be achieved. Landscaping or other improvements may be required for Disguised Support Structures if needed to implement an approved disguise.
Setbacks. All Support Structures, including any portions of any Wireless Communications Facilities thereon and associated structures, fences, and walls (except for parking associated with the Wireless Communications Facility) shall be separated from any rights-of-way, sidewalk or street, alley, parking area, playground, or other building, and from the property line of any adjacent property at least a horizontal distance equal to the height of the Support Structure, including any portions of any Wireless Communications Facilities thereon.
Storage. Vehicle or outdoor storage on any Wireless Communications Facilities site is prohibited, unless otherwise permitted by the zoning district.
Parking. One hard-surfaced parking spot per Support Structure for periodic maintenance and service shall be provided.
Decorative poles. In districts where there are Utility Poles that were specifically designed for their aesthetic nature and compatibility with the built environment of that district, as determined by the City, such Utility Poles shall be deemed to be decorative Utility Poles. Such decorative Utility Poles, when authorized to be replaced by an applicant for Wireless Communications Facilities pursuant to applicable law and in compliance with this Division and Code, shall only be replaced with a substantially similar decorative Utility Pole that matches the aesthetics and decorative elements of the original decorative Utility Pole being replaced. Such replacement expenses shall be bore wholly by the applicant seeking to place Wireless Communications Facilities on such decorative Utility Pole.

Public property. Wireless Communications Facilities located on property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Division. A license or lease with the City authorizing the location of such Wireless Communications Facilities shall be required for each site.
As-built plans. Within 60 days of completion of the initial construction and any additional construction, three complete sets of plans drawn to scale and certified as accurately depicting the location of all Wireless Communications Facilities constructed shall be furnished to the City.
Historic preservation; 30-day hearing period. To the extent permitted by law, approval shall not be issued for any Wireless Communications Facility that the Director or City Council determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. For collocation of any certified historic structure as defined in Section 253.545 RSMo., in addition to all other applicable time requirements, there shall be a 30-day time period before approval of an application during which one or more public hearings on collocation to a certified historic structure are held. The City may require reasonable, technically feasible and technological neutral deign and concealment measures as a condition of approval of a Wireless Communication Facility within a historic district or on a historic structure.
Administration. The Director shall have the authority to establish forms and procedures consistent with this Division and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications. (Ord. 4470, §1)

Sec. 42-400. Permitted Use.

Permitted use. The placement of Wireless Communications Facilities fully conforming with the applicable General Requirements in this Division are permitted in all zoning districts (including the right-of-way) only as follows:

Collocations on Existing Support Structures. The attachment of Antenna including Small Wireless Facilities, or associated equipment to any existing fully conforming Support Structure or Utility Pole, or as otherwise authorized by state or federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 42-399.
Antenna on high-voltage Towers. The mounting of Antenna on or within any existing high-voltage electric transmission Tower, but not exceeding the height of such Tower by more than ten feet, provided that all requirements of this Division and the underlying zoning ordinance are met, except minimum setbacks provided in this Division shall not apply.
Antenna on existing buildings/structures. In all districts, except not on single-family residential or two-family dwellings, the mounting of Antenna on any existing and conforming building or structure (other than a Support Structure or Utility Pole) provided that the presence of the Antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached, and further provided that all requirements of this Division and the underlying zoning ordinance are met.
Collocation of Small Wireless Facilities on Authority Poles. In accordance with Section 67.5112 RSMo, a wireless provider may collocate Small Wireless Facilities and install, maintain, modify, operate, and replace Authority Poles, at heights below the height limitations outlined in this Subdivision, which shall be a permitted use in all districts except single-family residential and historic districts subject to Subsection b of this Section below.

New, replacement, or modification of Authority Poles under the following circumstances shall not be considered a permitted use under this Section:

Proposals to construct or modify an Authority Pole that exceeds the greater of 50 feet AGL or more than ten feet above the tallest existing Authority Pole as of January 1, 2019 within 500 feet of the proposed Authority Pole in the City; and
Proposals to collocate on an existing Authority Pole in place on August 28, 2018, that exceeds the height of the existing Authority Pole by more than ten feet.

Application procedure. Application for a Permitted Use under this Section shall require submission of an application with proof of owner consent as required by Section 42-398 and an application fee of $100.00 per Small Wireless Facility and an application fee of $500.00 for the installation, modification, or replacement of a Utility Pole and collocation of a Small Wireless Facility thereon as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by law. If the applicant is not a Wireless Services Provider, the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a Wireless Services Provider within one year of the permit's issuance date. For any application for a Small Wireless Facility, the applicant shall provide an attestation that the proposed Small Wireless Facility complies with the volumetric limitations as required to meet the definition of a Small Wireless Facility in accordance with this Division and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the General Requirements of this Division. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a permitted use within the time frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial. With respect to a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole, the Director may deny the application only if the proposal could reasonably be expected to:
1. Materially interfere with the safe operation of traffic and control equipment or City-owned communications equipment;
2. Materially and demonstrably interfere with the safe operation of traffic control equipment or City-owned communications equipment;
3. Materially and demonstrably interfere with sight lines or clear zones for transportation, pedestrians, or nonmotorized vehicles;
4. Materially interfere with compliance with the American Disabilities Act, or similar federal or state standards regarding pedestrian access or movement;
5. Materially obstruct or hinder the usual travel or public safety on the rights-of-way;
6. Materially obstruct the legal use of the rights-of-way by the City, utility, or other third-party;
7. Fail to comply with the spacing requirements within Section 36-29.b;
8. Fail to comply with applicable national safety codes, including recognized engineering standards for Utility Poles or Support Structures;
9. Fail to comply with the decorative pole replacement requirements herein; or
10. Fail to comply with undergrounding requirements within Section 36-29.b;

(Ord. 4470, §1)

Sec. 42-401. Administrative Approval.

Administrative approval. The placement of Wireless Communications Facilities fully conforming with the General Requirements in this Division are permitted in all zoning districts (including the right-of-way) by Administrative Permit approved by the Director only as follows:

Disguised Support Structures. Any Disguised Support Structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation that is recorded on the property that runs with the land for the benefit of the public, prohibiting modifications to the Disguised Support Structure that defeats the disguise, unless such proposed modification is approved by a duly authorized zoning or conditional use approval approved. If the applicant does not wish to have such a condition, the application shall not qualify for Administrative Permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently defeated. A Disguised Support Structure proposed to be located within a public or private right-of-way, street, or other pedestrian or vehicular way may be exempted from the General Requirements of this Article relating to parking/access and setbacks, unless determined by the Director as applicable to the specific location for safety reasons or other applicable reasons.
Fast-Track Small Wireless Facilities. An application for a Fast-Track may be approved administratively by the Director, subject to meeting the following requirements:

General requirements. The following requirements shall generally apply to all Fast-Track located within the City:

The Fast-Track shall substantially match any current aesthetic or ornamental elements of the Existing Structure or Utility Pole, or otherwise be designed to maximally blend in to the built environment, with attention to the current uses within the district at the proposed site;
Any portion above the Existing Structure or Utility Pole shall be concealed and of the same dimensions and appearance so as to appear to be a natural extension of the Existing Structure or Utility Pole in lieu of an enclosure or concealment;
The Fast-Track equipment shall not emit noise audible from the building line of any residentially zoned or used property; and
Location, placement, and orientation of the Fast-Track shall, to the extent feasible, minimize the obstruction to, or visibility from, the closest adjacent properties unless otherwise required by the City for safety reasons.

Additional requirements when sited near pedestrian and vehicle ways. When a Fast-Track is proposed to be located on an Existing Structure or Utility Pole on or adjacent to public or private streets, sidewalks, or other pedestrian or vehicle ways:

The height of all portions of the Fast-Track shall be located at least eight feet above ground level;
No ground equipment shall be permitted; and
No portions of the Fast-Track shall extend horizontally from the surface of the Utility Pole or Existing Structure more than 16 inches.

Waiver for good cause shown. Additionally, the Director may for good cause shown increase any one or more of the maximum volumetric specifications from the definition of a Fast-Track by up to 50% if the applicant demonstrates that it:

Does not in any location nationally use equipment capable of meeting the specifications and the purpose of the equipment; and
Cannot feasibly meet the requirements as defined and described.

The City Council may further waive one or more of the requirements found in the definition of Fast-Track, or from the General Requirements or the Additional Requirements When Sited Near Pedestrian or Vehicle Ways of this Subdivision, upon good cause shown by the applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Division. The burden of proof for any waiver shall be wholly on the applicant.

Application procedures. Applications for Administrative Permits shall be made on the appropriate forms to the Director consistent with the requirements of this Division. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.

General application requirements. Applicant shall submit along with its completed application form:

An application fee of not more than $100.00 per "Fast Track" Small Wireless Facility as required to partly cover the City's actual costs, and an application fee of not more than $500.00 for an application for a Disguised Support Structure and collocation of a Small Wireless Facility thereon and not to exceed such amounts as may be limited by law; any amount not used by the City shall be refunded to the applicant upon written request after a final decision;
A detailed site plan, based on a closed boundary survey of the host parcel, shall be submitted indicating the exact location of the facility, all dimensions and orientations of the facility and associated equipment, in addition to all existing and proposed improvements including buildings, drives, walkway, parking areas, and other structures, rights-of-way, the zoning categories of the subject and adjoining properties, the location of and distance to off-site residential structures, required setbacks, required buffer and landscape areas, hydrologic features, and the coordinates and height AGL of the Utility Pole or Existing Structure, if applicable and determined by the Director to be necessary to determine compliance with this Division;
Specifications, dimensions, photos, or drawings of the completed installation;
Proof of owner consent as required by Section 36-29.b.
Certified structural analysis as required in the General Requirements of this Division;
If the applicant is not a Wireless Services Provider, the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a Wireless Services Provider within one year of the permit's issuance date; and
All other information necessary to show compliance with the applicable requirements of this Division.

Fast-Track specific application requirements. In addition to the above general application requirements, applications for a Fast-Track shall include the following:

An attestation that the proposed Fast-Track meets the volumetric and other requirements to meet the definition of Fast-Track provided in this Division; and
Information demonstrating that the applicant's proposed plans are in compliance with § 67.5113.3(9) RSMo. to the satisfaction of the City.

Review. The application shall be reviewed by the Director to determine compliance with the above standards, including specifically design, location, safety, and appearance requirements and transmit the application for review and comment by other departments and public agencies as may be affected by the proposed facility.
Additional information may be required. In reviewing an application, the Director may require the applicant to provide additional information, including technical studies, to the extent permitted by applicable law, and contained in an applicable code provision, ordinance, application, or other public guideline.
Decisions; denials required in writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens and property values consistent with and to affect the purposes of this Division, and subject to applicable law. The Director may consider the purposes of this Division and the factors established herein. A decision to deny an application shall be made in writing and state the specific reasons for the denial. Provided that with respect to a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole, the Director may deny the application only for the reasons outlined in Section 42-400(b) above.

(Ord. 4470, §1)

Sec. 42-402. Conditional Use Permit.

Conditional Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Section 42-400 or Section 42-401 or not fully complying with the General Requirements of this Division and except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a Conditional Use Permit authorized consistent with Division 16 of Chapter 42 following a duly advertised public hearing, subject to the following additional requirements, procedures, and limitations:

Applications. Applications for Conditional Use Permits shall be filed on such forms required by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for Conditional Use Permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of $1,500.00, to the extent permitted by applicable law to the specific Wireless Communications Facility. Any amount not used by the City shall be refunded to the applicant upon written request after a final decision. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.
Decision and findings required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the public hearing by the applicant or others.
Additional minimum requirements. No Conditional Use Permit shall be issued unless the applicant has clearly demonstrated by substantial evidence that placement of Wireless Communications Facilities pursuant to Section 42-400 or Section 42-401 of this Division is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
Findings required. In addition to the determinations or limitations specified herein and by the applicable provisions of Division 16 of Chapter 42 of this Zoning Code for the consideration of Conditional Use Permits, no Conditional Use Permit shall be approved by the City Council unless findings in the affirmative are made that the following conditions exist:

That the design of the Wireless Communications Facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Division;
That the design is visually compatible with the area, will not distract from the view of the surrounding area, is maximally concealed or blended in with the environment, and will not adversely affect property values;
That such conditional use shall not be inconsistent or adversely affect the regular permitted uses in the district in which the same is located; and
That the proposal fully complies with applicable law including the General Requirements herein; provided that an exception to the General Requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown. (Ord. 4470, §1)

Sec. 42-403. Commercial Operation of Unlawful Wireless Communications Facilities.
Notwithstanding any right that may exist for a governmental entity to operate or construct Wireless Communications Facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any Wireless Communications Facilities in violation of any provision of this Division, regardless of whether such Wireless Communications Facilities are located on land owned by a governmental entity. (Ord. 4470, §1)

Sec. 42-404. Removal of Support Structure.
Any Wireless Communications Facility or portion thereof that is no longer in use for its original communications purpose shall be removed at the owner's expense. In the case of multiple operators sharing use of a single Support Structure, this removal requirement shall not apply to the Support Structure until all users cease operations of the same. (Ord. 4470, §1)

Sec. 42-405. Penalty.
Except as may otherwise be provided by law, any person violating any provision in this Division shall be subject to Section 1-7. (Ord. 4470, §1)

Sec. 42-406. Appeals.
The procedures of the Board of Adjustment, pursuant to Division 21 of Chapter 42 shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the City Council that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Board of Adjustment, pursuant to Division 21 of Chapter 42 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law. (Ord. 4470, §1)

Secs. 42-407 to 42-412. Reserved.

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Municipal Ordinances

Chapter 42 - Planning & Zoning: Article III - Zoning

Sec. 42‑233.02 Standards for Medical Marijuana-Infused Products Facility

Sec. 42‑233.03 Standards for Medical Marijuana Cultivation Facility

Minimum size of lot:
Area	40,000 square feet
Lot frontage	150 feet at front lot line
Width	150 feet at building line
Maximum percentage of lot that may be occupied by buildings:
All buildings	25 percent
Maximum height of buildings
Three stories and fifty feet
Minimum setback dimensions
Front yard	35 feet measured from front lot line
Side yard	25 feet measured from side lot line
Rear yard	50 feet measured from rear lot line