CHAPTER 400: ZONING CODE LAND USE

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TITLE IV

LAND USE

CHAPTER 400: ZONING CODE

ARTICLE I. GENERAL PROVISIONS

SECTION 400.010: CITATION

This Chapter in pursuance of the authority granted by the General Assembly of the State of Missouri in Chapter 89, RSMo., shall be a part of the comprehensive plan for the City of Buckner and shall be known as the Zoning Code and may be cited as such. (Ord. No. 392 Art. I §1, 11-5-81)

SECTION 400.020: OBJECTIVES AND INTENT

A. The objective of the Zoning Code is to establish standards and policies concerning development of land which may be used in helping to achieve the goals of the Buckner Comprehensive Plan. Goals for development are generally expressed through programs and policies on such matters as: land use, taxation, capital improvements, urban redevelopment, public services and other issues which require public decisions.

B. It is intended that the standards and policies established in the Zoning Code reflect a sense of value toward the physical environment including, the value of appearance and congenial arrangement for the conduct of trade, industry, agriculture, residence and other uses of land necessary to the City’s well being, insofar as such values are or can be related to the broadest goals of the Comprehensive Plan.

C. It is further intended that the zoning districts established by this ordinance shall be implemented in accordance with a comprehensive land use plan and policy whereby the location of each district shall be made with reasonable consideration to the character of the district, its peculiar suitability to it’s location and it’s relationship to surrounding uses.

D. Notwithstanding any other provision of Chapter 400 known as the “Zoning Code” which might be interpreted to permit same, it is hereby declared that no prison, jail, detention facility or holding facility for prisoners shall be constructed within the City limits of the City of Buckner unless the issue is put before a vote of the citizens of the City of Buckner and receives a favorable vote of those citizens who cast their vote thereon. The only exception to such prohibition is any facility which is needed to allow the City of Buckner Police Department to detain or hold arrested individuals for a period of time, no longer than twenty-four (24) hours. (Ord. No. 392 Art. I §2, 11-5-81; Ord. No. 562, 7-10-97)

SECTION 400.030: PURPOSE AND SCOPE

The purpose of this Chapter is to promote the health, safety, peace and general welfare to the community-at-large by establishing regulations and conditions governing the erection and use of buildings and other structures and the use of land for trade, industry, agriculture, residence and other specified purposes; to avoid undue concentrations of population; to prevent overcrowding of land; to provide adequate light and air; to secure safety from fire panic and other dangers; to prevent the pollution of air, streams and ponds; to encourage the wise use and sound management of the natural resources throughout the City in order to preserve the integrity, beauty and stability of the City and the value of land; and to facilitate the adequate provision of public improvements by: dividing the City into districts; defining certain terms; designating the kinds and classes of trade, industry, agriculture, residences and other purposes for which buildings and other structures may be permitted to be erected, constructed, reconstructed, altered, repaired or used in such districts; regulating and limiting the height and bulk of buildings and other structures; regulating and limiting lot occupancy and population density; providing minimum size yards and other open spaces; providing performance standards applicable to all uses; establishing off-street parking and loading requirements; providing for a Board of Zoning Adjustment and defining the powers and duties of said Board of the procedures for appeals; and providing a penalty for the violation of this Chapter. (Ord. No. 392 Art. I §3, 11-5-81)

SECTION 400.040: REGULATION OF USE, HEIGHT, AREA, YARDS AND OPEN SPACES

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the Articles contained herein relating to any or all districts. (Ord. No. 392 Art. I §4, 11-5-81)

SECTION 400.050: ZONES AND ZONING MAP

A. The City of Buckner is hereby divided into zones as shown on the Zoning Map, (dated November 5, 1981) filed with the City Clerk. The map and all explanatory material thereon is hereby made a part of this Chapter. It shall be the duty of the Planning Commission to keep on file in the office of the City Clerk an authentic copy of said map showing all changes, amendments or additions thereto and a chronology of same as they are made.

B. Zones shall be designated as follows:

1. Residential.

“R-1″ Single-Family Dwelling District

“R-2″ Two-Family Dwelling District

“R-3″ Multiple-Family Dwelling District

2. Commercial. The “MX” mixed used zoning district would apply to the following zones:

“C-1″ Local Commercial District

“C-2″ General Commercial District

“C-3″ Highway Commercial District

3. Industrial.

“I-1″ Light Industrial District

“I-2″ General Industrial District

4. Agricultural.

“A” Agricultural District

5. Special services. The “MX” mixed use zoning district would apply to the following zone.

“SS” Special Services District

6. Flood Plain.

“FW” Floodway Overlay District

“FF” Floodway Fringe Overlay District

7. Mixed Use Zoning.

“MX” Mixed Use District

C. Specific district regulations are set forth in Article II. (Ord. No. 392 Art. I §5, 11-5-81; Ord. No. 728 §1, 3-3-05)

SECTION 400.060: INTERPRETATION OF ZONING DISTRICT MAPS

A. When definite distances are not shown on the Zoning District Maps, the district boundaries are intended to be along existing streets, alleys, or platted lot lines or extensions of same; and if the exact location of such lines is not clear, it shall be determined by the Planning Commission, due consideration being given to location as indicated by scale on the Zoning District Map or Maps.

B. When on account of any vacation proceedings or for any other cause, the streets or alleys on the ground differ from the streets or alleys, as shown on the Zoning District Maps, the Planning Commission may apply the district designation on the Map or Maps to the streets or alleys on the ground in such manner to conform to the intent and purpose of this Chapter.

C. Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such vacated street or alley. (Ord. No. 392 Art. I. §5.1, 11-5-81)

SECTION 400.070: DEFINITIONS AND INTERPRETATION OF WORDS

All words used in the present tense include the future tense. All words in the plural number include the singular number and all words in the singular number include the plural number unless the natural construction of the wording indicates otherwise. The word “building” includes the word “structure”. The word “structure” includes the words “sign structures”. The word “lot” includes the words “plot” and “tract”. The words “shall” and “must”: Are mandatory and not directory. The word “used” shall be deemed to include “designed, intended, or arranged to be used”. Unless otherwise specified all distances shall be measured horizontally.

ACCESSORY BUILDING OR USE: A subordinated building having a use customarily incidental to and located on the lot occupied by the principal building; or a use customarily incidental to the principal use of the property. A building housing an accessory use is considered an integral part of the principal building when it has any part of a wall in common with the main building or is under an extension of the principal roof and designed as an integral part of the principal building. An accessory use shall not materially change the character of activity of the principal use it services.

AFFECTED LAND: Any area where the natural condition of the land has been disturbed as a result of any mining or quarrying operation or by development.

AGRICULTURAL USE: Any use involved with or directly related to the cultivation of the soil, production of plants or crops or the raising of livestock. Poultry production, fish hatcheries, fur farming, floriculture and silvaculture are agricultural use.

ALLEY: A public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

APARTMENT: A room or suite of rooms used as a dwelling for one (1) family, with kitchen facilities therein, within a multi-family building.

APARTMENT HOTEL: An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels. Apartment hotels may furnish transient rooms as an accessory accommodation.

APARTMENT HOUSE OR MULTIPLE-FAMILY DWELLING: A single detached dwelling designed for and occupied by three (3) or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort type hotels.

AUTOMOBILE SALVAGE YARD: The collecting, dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts. A deposit or the storage of two (2) or more wrecked or otherwise unserviceable motor vehicles or the parts of two (2) or more such vehicles, on any lot in any zoning district, shall be deemed an auto salvage yard. Any motor vehicle not bearing a current State motor vehicle inspection sticker is deemed unserviceable.

BASEMENT: A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more than one-half (½) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises. Earth sheltered dwellings are excepted.

BASEMENT HOUSE: A basement used or intended to be used as a dwelling. An earth sheltered dwelling is not a basement house.

BLOCK: A piece or parcel of land entirely surrounded by public highway or streets. In cases where the platting is incomplete or disconnected, the Planning Commission shall determine the outline of a block.

BOARDING HOUSE OR ROOMING HOUSE: A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not for transients.

BUILDABLE AREA: The buildable area of a lot is the percentage of the lot permitted by this Chapter to be covered by a building or it is the space remaining on a lot after the minimum yard or other open space or parking space requirements of this Chapter have been observed.

BUILDING: Any structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate structure.

BUILDING HEIGHT: The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

BUILDING, PRINCIPAL OR MAIN: A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING SITE: A single parcel of land under one (1) ownership, occupied or intended to be occupied by a building or structure.

CAR WASH: A building, or portion thereof, containing facilities for washing automobiles using production line methods or providing coin operated self-service facilities.

CHILD CARE CENTER: Any place, home or institution which receives three (3) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of the State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to the churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or are engaged in church activities.

COVERAGE, LOT: The percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

DENSITY: As used in this Chapter, all densities are stated as dwelling units, or persons per net acre, exclusive of land in streets, alleys, or other public places.

DISTRICT, ZONING: Any section or sections of Buckner for which regulations governing the use of buildings and premises or the height and the area of buildings are uniform.

DRIVE-IN ESTABLISHMENT: A business establishment so developed that its principal retail or service character is dependent upon providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle; or intended to permit, in the motor vehicle, consumption of food or beverage obtained by a patron from said business establishment.

DWELLING: Any building, or portion thereof, which is designated or used as living quarters for one (1) or more families, but not including house trailers.

DWELLING, EARTH SHELTERED: A dwelling constructed so as to blend the dwelling with its surroundings or to improve its energy performance, or both. One (1) facade of such a dwelling shall be exposed to light and air. A basement house is not an earth sheltered dwelling.

DWELLING, SINGLE-FAMILY: A dwelling designed to be occupied by one (1) family and containing a minimum of six hundred (600) square feet of living area. The classification single family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home and shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood , marriage or adoption.

DWELLING, TWO-FAMILY: A dwelling containing two (2) dwelling units designed to be occupied by two (2) families living independently of each other. Each dwelling unit shall contain a minimum of six hundred (600) square feet of living area.

DWELLING, MULTIPLE: A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

DWELLING UNIT: One (1) room or a suite of two (2) or more rooms designed for or occupied by one (1) family for living and sleeping purposes and having only one (1) kitchen or kitchenette. A dwelling unit shall contain a minimum of six hundred (600) square feet of ground story living area, excluding porch, patio, and garage. A one-family dwelling contains one (1) dwelling.

FAMILY: One (1) or more persons related by blood or marriage, including adopted children, or a group of not to exceed five (5) persons (excluding servants) not all related by blood or marriages, occupying premises and living as a single non-profit housekeeping unit as distinguished from a group occupying a boarding or lodging house, hotel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family and foster children.

GARAGE APARTMENT: A dwelling unit for one (1) family erected above a private garage.

GARAGE PRIVATE: An accessory building or a part of a main building used for storage purposes only for not more than three (3) automobiles, or for a number of automobiles which does not exceed one and one-half (1½) times the number of families occupying the dwelling unit to which such garage is accessory, which ever number is the greater. Such space shall not be used for storage of more than one (1) commercial vehicle which does not exceed one and one-half (1½) tons rated capacity, per family living on the premises, and not to exceed two (2) spaces shall be rented to persons not residing on the premises for storage of noncommercial passenger vehicles only.

GARAGE, PUBLIC: Any garage other than a private garage, available to the public, used for the care, servicing, repair, or equipping of automobiles or where such vehicles are parked or stored for remuneration, hire or sale.

GASOLINE OR AUTOMOBILE SERVICE STATION: Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, or other automobile accessories, and which may or may not include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof. Inoperative vehicles may be stored upon the premises not more than forty-eight (48) hours unless stored inside a building.

HELP-YOURSELF LAUNDRY OR SELF SERVICE LAUNDRY: A laundry providing home type washing, drying and ironing machines for hire to be used by the customers on the premises.

HOME OCCUPATION: Any occupation or profession carried on by the inhabitants with no employees outside the immediate family, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate not more than two (2) square feet in area attached to the main or accessory building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted. The conducting of a beauty or barber shop, tea room or restaurant, rest home, clinic, doctor or dentist office, child care center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

HOTEL: A building which is designed and intended to be occupied or used as a more or less temporary place of residence available to transients who are lodged with or without meals and no provision is made for cooking in any individual guest room.

JUNK YARDS: A place where waste, discarded or salvaged metals, lumber, or building materials, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, or cleaned, and places or yards for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel materials and equipment.

KENNEL: An establishment where four (4) or more dogs more than six (6) months of age are housed, bred, or kept for sale.

LOT: Any plot of land occupied or intended to be occupied by one (1) building, or a group of buildings, and its accessory buildings and uses, including such open spaces as required by this Chapter and other laws or ordinances, and having its principal frontage on a street.

LOT AREA: The total horizontal area included within lot lines.

LOT CORNER: A lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135°).

LOT, DEPTH: The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FRONTAGE: That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

LOT, INTERIOR: A lot other than a corner lot.

LOT LINES: The lines bounding a lot as defined herein.

MEDICAL FACILITIES:

1. Convalescent, rest or nursing home: A health facility where persons are housed and furnished with meals and continuing nursing care for compensation. Such a home does not contain facilities for surgical or acute medical care.

2. Dental clinic or medical clinic: A facility for the examination and treatment of ill and afflicted human outpatients provided, however, that patients are not kept overnight except under emergency conditions.

3. Dental office or doctors office: Same as dental or medical clinic.

4. Hospital: An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.

5. Public health center: A facility primarily utilized by a health unit for the provisions of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.

6. Sanitarium: An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

MOBILE HOME: A movable, detached single-family dwelling unit; constructed or fabricated within a factory; complete system capable of being connected to an outside system; transportable over the road on its own chassis and wheels to the site where it is to be connected semi-permanently to a separate utility system; whether or not permanently attached to any foundation.

MOBILE HOME PARK: Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and shall include all buildings used or maintained for the use of the residents of the development.

MODULAR HOME: A residence purchased in two (2) or more sections which is transported to the building site and placed upon a permanent foundation.

MOTEL OR MOTOR HOTEL: An area containing one (1) or more structures designed or intended to be used as temporary sleeping facilities of one (1) or more transient families and intended primarily for automobile transients and at least one (1) parking space for each guest room.

NON-CONFORMING USE: A structure or land lawfully occupied on the date this ordinance was adopted by a use that does not conform to the regulations of the district in which it is situated, as set forth in this Chapter.

NUISANCE, PRIVATE: An unreasonable interference by one (1) persons’s use of his property with the use and enjoyment of another’s property. Typical private nuisances are those producing foul odors, loud and recurring noises and/or vibrations, water pollution, and unsightly physical conditions or physical conditions amounting to a health hazard.

NUISANCE, PUBLIC: When the use of one (1) property occurs in such a manner as to interfere with the rights of a substantial number of people.

OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, or matter; in, along, across, or projecting into any channel, watercourse, or flood plain area; which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

PAVEMENT OR PAVED SURFACE: All off street parking and loading spaces requiring “pavement” shall mean a minimum six (6) inch gravel base and one (1) inch asphaltic concrete surface or its equivalent.

SIGN, ANIMATED: A sign with moving, flashing or pulsating lighting arrangements or which give a visual illusion of such arrangement or any revolving or rotating sign or signs with other moving mechanical parts, including displays such as banners, pennants or other promotional advertising devices, strung across a building or premises, which rely upon wind currents to create movement or the illusion of movement.

SIGN, ON-PREMISES ADVERTISING: A sign other than an identification, directional, informational, or temporary sign, as defined by this Chapter which directs attention to the business, commodity, service, activity, or product which is sold, offered for sale or conducted upon the premises where such sign is located.

SIGN, DIRECTIONAL: A sign which gives direction to a pedestrian or motor vehicle driver when entering or leaving any premises. Such signs include directional identification of: a building, driveway entrances or exits, loading areas, direction of traffic flow, parking areas and directions pertaining thereto. Such signs serve no other commercial purpose.

SIGN, GROSS AREA OF: The gross area of a sign shall be defined as the largest rectangular area or areas necessary to encompass the entire perimeter enclosing the extreme limits of all elements composing such sign, but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display.

SIGN, IDENTIFICATION: A sign or symbol used solely for the purpose of identifying the essential nature of the occupancy of any premises and having no other message or purpose. Such sign may include the name only of a product or service offered and an identifying symbol and the name and address of the owner, occupancy or management of the premises.

SIGN, INFORMATIONAL: A sign used solely for the purpose of providing information related to the services, activities, programs, or entertainment being currently offered on any premises. Such sign shall include historical markers, public signs, bulletin boards or panels for churches or places of public assembly or theaters. Signs giving hours of operation, time, temperature or similar general information shall be regarded as an information sign. An informational sign shall not contain any promotional advertising but may contain the name and address of the sponsor.

SIGN, OFF-PREMISES ADVERTISING: A sign, other than an identification, directional, informational, or temporary sign as defined by this Chapter, which directs attention to a business, commodity, service, activity or product which is not sold, offered for sale or conducted upon the premises where such sign is located.

SIGN, PROJECTING: A sign which projects away from the surface of any building, wall or other structure to which it is attached. A sign which is attached parallel to and does not project away from the face of a marquee is not considered a projecting sign.

SIGN, ROOF: A sign which is placed or located above the roof level of flat roofs or above the eaves of any other roof, whether such sign is located upon a separate sign structure or upon any other structure located upon the roof or upon a vertical wall portion of a building which may arise above any roof level or the building.

SIGN, STRUCTURE: A structure which ordinarily serves no other purpose than to support a sign. Structures or symbols, such as statuary or similar devices, which are used for advertising purposes shall be constructed as an advertising sign.

SIGN, TEMPORARY: A sign directing attention to a temporary condition. Such a sign may include: “for sale”, “for rent”, “for lease”, or a similar temporary real estate sign; signs identifying construction projects including names of persons or firms engaged in the project; signs for temporary uses of land such as carnivals, circuses or fairs (whenever such temporary uses are permitted); banners, pennants and unofficial flags commemorating or drawing attention to a temporary activity; and signs of a political nature pertaining to public elections and including voting places.

SIGN, WALL: Any advertising sign attached to and erected parallel to and within one (1) foot of the face or wall of a building, including signs painted on the walls of buildings.

STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it.

STORY, GROUND: The lowest story of a building, the floor of which is not more than twelve (12) inches below the level of the adjoining ground at any point. Earth sheltered dwellings are excepted from this definition.

STORY, HALF: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than four (4) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half (½) story containing independent apartment or living quarters shall be counted as a full story.

STREET: Any public or private thoroughfare which affords the principal means of access to abutting property.

STREET, INTERSECTING: Any street which joins another street at an angle, whether or not it crosses the other.

STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

TOURIST CABINS OR TRAILER CAMPS: A tract, lot, or parcel of land open to the public for a fee upon which two (2) or more tourist cabins are located or where temporary accommodations are provided for two (2) or more automobile trailers, recreational vehicles, tents, or house cars.

TOURIST HOME: A dwelling in which sleeping accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation.

TRAILER OR TRAVEL TRAILER: A portable vehicular unit designed and intended to be used for temporary short term occupancy and for frequent and extensive travel use. Examples of travel trailers would include campers, motor homes, converted busses and other similar units, whether they are self-propelled, pulled, or can be hauled without a special permit.

TRAVEL TRAILER CAMP: Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodations up to and including thirty (30) days or less or placement of two (2) or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

TREE OR SHRUB: Any object of natural growth.

USE: The “use” of property is the purpose for which the land or the building thereon is designed, arranged, or intended or for which it is occupied or maintained.

VARIANCE: A modification or variation of the provisions of this Chapter as applied to a specific piece of property.

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this Chapter that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

YARD, FRONT: A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

YARD, REAR: A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE: A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps. (Ord. No. 392 Art. 1 §6, 11-5-81)

ARTICLE II. SPECIFIC DISTRICT REGULATIONS

SECTION 400.080: “R-1″ SINGLE-FAMILY DWELLING DISTRICT

A. General Description. This is the most restrictive residential district. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency is encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B. Uses Permitted. Property and buildings in an “R-1″, Single-Family Dwelling District, shall be used only for the following purposes:

1. Detached one-family dwelling.

2. Church.

3. Public school or school offering general educational courses the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

4. Public park and playground.

5. Library.

6. General purpose farm or garden, but not the raising of livestock.

7. Home occupation.

8. Accessory buildings which are not a part of the main buildings, including a private garage or accessory buildings which are a part of the main building, including a private garage.

9. Contractor sheds and real estate offices, temporary. Permitted only during period of construction and sales. To be removed upon completion of construction and/or sales.

10. Bulletin board or sign, not exceeding twenty (20) square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises are leased, hired, or sold.

C. Uses Permitted on Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1. Municipal use, public building and public utility.

2. Plant nursery in which no building or structure is maintained in connection therewith.

3. Golf club.

4. Private club not conducted for profit.

D. Area Regulations.

1. Front yard. All buildings shall be set back from street right of way lines to comply with the following front yard requirements:

a. The minimum depth of the front yard shall be twenty-five (25) feet.

b. If twenty-five percent (25%) or more of the lots on one side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings, but this regulation shall not require a front yard of greater depth than forty (40) feet.

c. When a yard has double frontage the front yard requirements shall be provided on both streets.

2. Side yard.

a. For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten (10) feet or ten percent (10%) of the lot width, whichever is lesser, except as hereinafter provided in Article III, Section 400.190. For unattached building of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side or rear lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

b. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet in case such lot is back to back with another corner lot, and twenty (20) feet in every other case. The interior side yard shall be the same as for dwellings and accessory buildings on an interior lot.

c. Churches and all other approved uses and main and accessory buildings, other than dwellings, and buildings accessory to dwellings, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.

3. Rear yard. There shall be a rear yard for a main building of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, which ever amount is smaller.

4. Lot width. For dwellings there shall be a minimum lot width of sixty-five (65) feet at the front building line, and such line shall abut on a street for a distance of not less than thirty-five (35) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5. Intensity of use.

a. For each dwelling, and buildings accessory thereto there shall be a lot area of not less than eight thousand (8,000) square feet.

b. Where a lot has less area than herein required and all the boundary lines of that lot touch lands under other ownership of the effective date of this Chapter that lot may be used for any of the uses, except churches, permitted by this Section.

c. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking areas required in Article IV.

6. Coverage. Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots, and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E. Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as provided in Section 400.200. (Ord. No. 392 Art. II §1, 11-5-81; Ord. No. 615 §1, 4-6-00)

SECTION 400.085: “R-1A” SINGLE-FAMILY DWELLING DISTRICT ON ACREAGE LOTS

A. General Description. “R-1A” single-family dwelling lots shall consist of a minimum of three (3) acres. The principal use of land is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment on acreage lots. Internal stability, attractiveness, order and efficiency is encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B. Uses Permitted. Property and buildings in an “R-1A” Single-Family Dwelling District Acreage Lots”, shall be used only for the following purposes:

1. Detached one (1) family dwelling.

2. Church.

3. Public school or school offering general educational courses and the same as ordinarily given in public schools and having no rooms regularly used for housing and sleeping.

4. Public park, playground or library.

5. General purpose farm or garden, but not the raising of livestock. Permissible pets or livestock are two (2) dogs and/or two (2) cats, not to exceed a total of four (4) in any combination; horses or ponies not to exceed two (2). Pets and livestock are not permitted for commercial use.

6. Home occupation.

7. Accessory buildings which are not a part of the main buildings, including a private garage.

8. Contractor sheds and real estate offices, temporary. Permitted only during period of construction and sales. To be removed upon completion of construction and/or sales.

C. Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1. Municipal use, public building and public utility.

2. Golf course including related buildings.

3. Private club not conducted for profit.

D. Area Regulations.

1. Front yard. All buildings shall be set back from the street right-of-way lines to comply with the following front yard requirements:

a. The minimum depth of the front yard shall not be less than fifty (50) feet.

b. When a yard has a double frontage, the front yard requirements shall be provided on both streets.

2. Side yard. All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.

3. Rear yard. There shall be a rear yard setback for buildings of not less than fifty (50) feet.

4. Lot width. For dwellings there shall be a minimum lot width of one hundred fifty (150) feet at the front building line.

5. Intensity of use.

a. For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.

b. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking areas required in Article IV.

6. Coverage. Main and accessory buildings shall not cover more than twenty-five percent (25%) of the lot area on interior lots and thirty percent (30%) of the lot area on corner lots; accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E. Height Regulations. There is no height requirement in this district.

(Ord. No. 520 §400.085, 11-10-94)

SECTION 400.090: “R-2″ TWO-FAMILY DWELLING DISTRICT

A. General Description. This is a residential district to provide for a slightly higher population density but with basic restrictions similar to the “R-1″ district. The principal use of land is for single-family and two-family dwellings and related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

B. Uses Permitted. Property and buildings in an “R-2″, Two-Family Dwelling District shall be used only for the following purposes:

1. Any uses permitted in “R-1″, Single-Family Dwelling District.

2. Two-family dwelling or a single-family dwelling and a garage apartment.

3. Accessory buildings and uses customarily incidental to any of the above uses when located on the same lot.

C. Uses Permitted on Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

Any use permitted on review in “R-1″, Single-Family Dwelling District.

D. Area Regulations.

1. Front yard. All buildings shall be set back from the street right of way lines to comply with the following front yard requirements:

a. The minimum depth of the front yard shall be twenty-five (25) feet.

b. If twenty-five percent (25%) or more of the lots on one (1) side of the street between two (2) intersecting streets are improved with buildings all of which have observed an average setback line of greater than twenty-five (25) feet, and no building varies more than five (5) feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing buildings; but this regulation shall not require a front yard of greater depth than forty (40) feet.

c. When a yard has double frontage the front yard requirements shall be provided on both streets.

2. Side yard.

a. For dwellings located on interior lots there shall be a side yard on each side of the main building of not less than ten (10) feet or ten percent (10%) of the lot width, whichever is lesser.

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one-story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

b. For dwellings and accessory buildings located on corner lots there shall be a side yard setback from the intersecting street of not less than fifteen (15) feet.

c. Churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, shall be set back from all exterior and interior lot lines a distance of not less than thirty-five (35) feet.

3. Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of a single-family dwelling, but shall not be located closer than ten (10) feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.

4. Lot width. For single-family dwellings, two-family dwellings and a single-family dwellings and garage apartments, there shall be a minimum lot width of sixty-five (65) feet at the front building line, and the lot shall abut a street for a distance of not less than thirty-five (35) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5. Intensity of use.

a. For each single-family dwelling and accessory buildings there shall be a lot area of not less than eight thousand (8,000) square feet.

b. For each two-family dwelling or single-family dwelling and garage apartment there shall be a lot area of not less than five thousand (5,000) square feet per dwelling unit. In all other cases a garage apartment shall be provided with the same lot area required by single-family dwelling.

c. Where a lot has less area than herein required and all boundary lines of that lot touch lands under other ownership on the effective date of this Chapter that lot may be used for any use, except churches, permitted in the “R-1″ Single-Family District.

d. For churches and main accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking area required in Article IV.

6. Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area. Accessory buildings shall not cover more than twenty percent (20%) of the rear yard.

E. Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 400.200. (Ord. No. 392 Art. II §2, 11-5-81; Ord. No. 615 §2, 4-6-00)

SECTION 400.100: “R-3″ MULTIPLE-FAMILY DWELLING DISTRICT

A. General Description. This is a residential district to provide for medium and high population density. The principal use of land can range from single-family to multiple-family and garden apartment uses. Certain uses which are functionally more compatible with intensive residential uses than with commercial uses are permitted, as are recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

B. Uses Permitted.

1. Any use permitted in an “R-2″ Residential District.

2. Multiple-family dwelling, apartment house.

3. Rooming or boarding house.

4. Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

C. Uses Permitted on Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1. Any use permitted on review in an “R-1″ or “R-2″ Residential District.

2. Child care center.

3. Medical facility.

4. Mobile Home Park.

D. Area Regulations.

1. Front yard. All buildings shall be set back from street right of way lines to comply with the following front yard requirements.

a. The minimum depth of the front yard shall be twenty-five (25) feet.

c. When a yard has a double frontage the front yard requirements shall be provided on both streets.

2. Side yard.

a. For dwellings located on an interior lot a side yard of not less than ten (10) feet shall be provided on both sides of the main building.

For unattached buildings of accessory use there shall be a side yard of not less than five (5) feet; provided, however, that unattached one (1) story buildings of accessory use shall not be required to be set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not more than fifty (50) feet from the rear property line.

c. Mobile home parks shall be planned in such a manner that no mobile home, or related building, shall be located closer than fifteen (15) feet to any side lot line.

d. Churches and main and accessory buildings, other than dwellings and mobile homes, shall be set back from all exterior and interior side lot lines a distance of not less than thirty-five (35) feet.

3. Rear yard. For main buildings, other than garage apartments, there shall be a rear yard of not less than twenty (20) feet or twenty percent (20%) of the depth of the lot, whichever is smaller. Garage apartments may be located in the rear yard of dwelling, but shall not be located closer than ten (10) feet to the rear lot line. Unattached buildings of accessory use may be located in the rear yard of a main building.

4. Lot width. There shall be a minimum lot width of sixty-five (65) feet at the front building line for single-family and two-family dwellings, and ten (10) feet additional width at the front building line for each family, more than two (2) occupying a dwelling. However, a lot width at the front building line shall not be required to exceed one hundred fifty (150) feet. For property platted before January 1, 1950, there shall be a minimum lot width of forty (40) feet at the front building line with all other deed restrictions applying except as being necessary to adjust for the forty (40) foot restriction.

5. Intensity of use.

a. There shall be a lot area of not less than eight thousand (8,000) square feet for a single-family dwelling and ten thousand (10,000) square feet for a two-family dwelling, and not less than ten thousand (10,000) square feet plus an additional area of not less than two thousand (2,000) square feet for each dwelling unit in excess of two (2).

b. There shall be a lot area of not less than ten thousand (10,000) square feet per dwelling unit where a garage apartment is located on the same lot with a single-family dwelling. When a garage apartment is located on the same lot with a two-family or multiple-family dwelling, the lot area shall provide not less than two thousand (2,000) square feet more than is required for the two-family or multiple-family dwelling.

d. For churches and main and accessory buildings, other than dwellings and buildings accessory to dwellings, the lot area shall be adequate to provide the yard areas required by this Section and the off-street parking area required in Article IV.

6. Coverage. Main and accessory buildings shall not cover more than thirty-five percent (35%) of the lot area. Accessory buildings shall not cover more than thirty percent (30%) of the rear yard.

E. Height Regulations. No building shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 400.200. (Ord. No. 392 Art. II §3, 11-5-81; Ord. No. 615 §3, 4-6-00)

SECTION 400.110: “C-1″ LOCAL COMMERCIAL DISTRICT

A. General Description. This commercial district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational elements, more restrictive requirements for light, air, open space and off-street parking are made than are provided in other commercial districts.

B. Uses Permitted. Property and buildings in a “C-1″, Local Commercial District, shall be used only for the following purposes:

1. Retail stores and shops supplying the regular and customary needs of the residents of the neighborhood and primarily for their convenience, as follows:

Antique Shop.

Apartment hotel.

Appliance store.

Arts school, gallery or museum.

Artist materials, supply, studio.

Assembly halls for non-profit corporations.

Automobile service station.

Automobile parking lot.

Baby shop.

Bakery goods store.

Bank.

Barber shop.

Beauty shop.

Book or stationery shop.

Camera shop.

Candy store.

Catering establishment.

Child Care Center.

Cleaning, pressing, laundry agency, providing

cleaning and pressing is not done on the premises.

Curio or gift shop.

Drug store or fountain.

Drygoods store.

Department Store.

Dairy products or ice cream store.

Delicatessen.

Dress shop.

Florist shop, greenhouse, nursery.

Furniture.

Golf club.

Grocery store or supermarket.

Hardware store.

Hotel.

Help-yourself laundry.

Jewelry or notion store.

Libraries.

Lodge hall.

Meat market.

Medical facility.

Messenger or telegraph service.

Municipal use, public building and public utility.

Museums.

Music conversatories.

Musical instrument sales.

Newspaper or magazine sales.

Office business.

Office supply.

Optometrists sales and service.

Paint and decorating shop.

Parking lot.

Photographer studio.

Pharmacy.

Radio and television sales and service.

Restaurant.

Sewing machine sales, instruction.

Sporting goods sales.

Shoe repair shop.

Tailor shop.

Toy store.

Variety store.

2. Name plate and sign relating only to the use of the store and premises or to product sold on the premises. Lighted signs of flashing or intermittent type shall be prohibited.

3. Accessory buildings and uses customarily incidental to the above use.

4. Any building used for any of the above enumerated uses may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses enumerated in Subsections (1) through (3) above shall be displayed or stored outside of a building.

5. Any business operating under this Section may display outside of its building(s) but on its property selected items representing goods offered for sale by the business. However, sidewalks and traffic ways shall not be blocked by such displays.

C. Area Regulations. The following requirements shall apply to all uses permitted in this district.

1. Front yard. All buildings shall be set back from the street right of way line to provide a front yard having not less than twenty-five (25) feet in depth.

2. Side yard. On the side lot adjoining a dwelling district there shall be a side yard of not less than twenty-five (25) feet. Whenever the rear lot line of a corner lot abuts a dwelling district the side yard adjacent to the street shall not be less than fifteen (15) in width. In all other cases no side yard shall be required.

3. Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet.

D. Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as hereinafter provided in Section 400.200. (Ord. No. 392 Art. II §4, 11-5-81; Ord. No. 698 §1, 4-3-03)

SECTION 400.120: “C-2″ GENERAL COMMERCIAL DISTRICT

A. General Description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles required for stocking and delivery of retail goods.

B. Uses Permitted. Property and buildings in a “C-2″ General Commercial District shall be used only for the following purposes:

1. Any use permitted in a “C-1″ Local Commercial District.

2. Amusement enterprises.

3. New automobile sales and services, new machinery sales and services, and public garages, provided no gasoline is stored above ground; used automobile and machinery repairing if conducted wholly within a completely enclosed building, but not including automobile or machinery salvage or wrecking establishments or junk yards.

4. Advertising signs or structures.

Ambulance service office or garage.

Assembly hall.

Bakery.

Boat sales.

Bowling alleys.

Bus terminal.

Carpenter and cabinet shop.

Cleaning and dyeing works.

Clothing or apparel store.

Commercial school or hall.

Dance hall.

Department store.

Drive-in theater or restaurant.

Electric transmission station.

Equipment rental (for home repair lawn and garden maintenance).

Feed and fuel store.

Frozen food locker.

Furniture repair and upholstery.

Funeral parlor or mortuary.

Gasoline and Service Station

Golf course, miniature or practice range.

Heating, ventilating or plumbing supplies,

sales and services.

Interior decorating store.

Ice storage locker plant or storage house for food.

Key shop.

Kennel.

Laboratories, testing and experimental.

Laundry.

Leather goods shop.

Music, radio or television shop.

Night club.

Nursery or garden supply store.

Outdoor advertising signs.

Pawn shop.

Pet shop.

Printing shop.

Recreation center.

Research laboratories.

Roller skating rink.

Sign painting shop.

Hospital for small animals.

Sporting goods store.

Stock and bond broker.

Storage warehouse.

Theater.

Tavern.

Toy store.

Used automobile sales.

Wholesale distributing center.

5. Buildings, structures and uses accessory and customarily incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than such as are customarily incidental and essential to retail establishments.

6. Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, blast or traffic than those enumerated above.

Other than selected items representing goods offered for sale, all articles or materials stored or offered for sale in connection with uses permitted under Subsections (1) through (6) above shall be stored or displayed inside the confines of a building or screened by permanent ornamental walls, fences or planting so that said articles or materials cannot be seen from adjoining streets or lots when viewed by a person standing on ground level, provided however, that no screening in excess of seven (7) feet in height shall be required. Those representative items selected for sale displays shall not block sidewalks and traffic ways.

C. Area Regulations.

1. There are no specific front or side yard requirements for uses.

2. Rear yard. Where a commercial building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard, or combination thereof of not less than thirty (30) feet in width. In all other cases no rear yard is required.

3. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

D. Height Regulations. No building shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as provided in Section 400.200. (Ord. No. 392 Art. II §5, 11-5-81; Ord. No. 698 §2, 4-3-03)

SECTION 400.130: “C-3″ HIGHWAY COMMERCIAL DISTRICT

A. General Description. This commercial district is intended to provide a location for the conduct of the services and retail business for motorists passing through the community and for the limited amount of merchandise, equipment and material being offered for retail sale that because of the type of material or transportation requirements are suitable for display and storage outside the confines of an enclosed building. Persons of the community, the surrounding trade territory, the concentration of shoppers will be much smaller and visits less frequent than in the General Commercial District.

B. Uses Permitted. Property and buildings in a “C-3″ Highway Commercial District shall be used only for the following purposes:

1. Any use permitted in a “C-2″ General Commercial District.

2. Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales.

Mobile home sales and repair.

Monument sales.

Nightclub.

Manufactured/modular homes sales.

Self-storage warehouse.

Shops for custom work or the manufacture of articles to be sold at retail on the

premises provided that such manufacturing use is not noxious or offensive by

reason of vibration, noise or the emission of odor, dust, smoke or gas.

Trailers for hauling, rental and sales.

Travel trailer camp.

3. Any other retail sales business with characteristics similar to the foregoing and which are not in conflict with the purposes and intent of this Chapter and not otherwise provided for in this Chapter. Accessory uses customarily incidental to the foregoing uses.

4. The above enumerated uses shall comply with the following provisions:

a. Other than selected items representing goods offered for sale, all open storage and display of merchandise, material and equipment shall be so screened by ornamental fencing or evergreen planting that it cannot be seen by a person standing on ground level in an “R” Residential or a “C-1″ or “C-2″ Commercial District when located to the side or rear of the lot on which said open storage or display occurs; provided however, that screening shall not be required in excess of seven (7) feet in height. All planting shall be kept neatly trimmed and maintained in good condition at all times. Merchandise and materials which are not completely assembled or which are not immediately and actively being offered for sale shall, in addition to complying with the above screening requirements, be so screened by ornamental fences or evergreen planting [to] by permanent buildings that it cannot be seen from a public street. Those representative items selected for sale displays shall not block sidewalks and traffic ways.

b. All yards not occupied with buildings or merchandise or used as traffic ways shall be landscaped with grass and shrubs and maintained in good condition the year round.

c. All of the lot used for the parking of vehicles, for the storage and display of merchandise and all driveways used for vehicle ingress and egress shall be paved with a sealed surface pavement and maintained in such a manner that no dust will be produced by continued use.

d. All servicing of vehicles and assembly of equipment carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building or within an area screened by ornamental fencing or evergreen planting so that it cannot be seen from a public or an “R” Residential or a “C-1″ or “C-2″ Commercial District.

e. Driveways used for ingress and egress shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

f. Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets and shall not be of a flashing or intermittent type.

C. Uses Permitted On Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1. Any use permitted on review in “C-2″ General Commercial District.

D. Area Regulations. The following requirements shall apply to all uses permitted in this district:

1. Front yard. All buildings shall be set back from the street right-of-way line to provide a front yard of not less than twenty-five (25) feet in depth.

2. Rear yard. Where a commercial building is to be serviced from the rear, there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width. In all other cases, no rear yard is required.

3. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

E. Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.200. (Ord. No. 392 Art. II §6, 11-5-81; Ord. No. 637 §1, 4-5-01; Ord. No. 698 §3, 4-3-03)

SECTION 400.135: “MX” MIXED USE ZONING

A. Intent.

1. The intent of this Section is to allow for employment-oriented and residential-oriented properties to coexist in the same area.

2. Mixed use (“MX” designation) would be considered an overlay that would allow residential use of property in an area already designated commercial “C-1″, “C-2″ or “C-3″.

3. Mixed use properties would receive primary consideration as a commercial entity first and all residential aspects would be considered subordinate to the commercial use.

B. Permitted Uses Upon Review. The “MX” overlay is conditional upon maintaining an ongoing commercial use.

C. Requirements.

1. No residential use would be allowed on the first (1st) floor of mixed use properties.

2. Buildings adjacent to public streets shall include at least one (1) public entrance clearly visible and directly accessible from the public street.

3. Blank building facades or walls shall not exceed twenty (20) feet in length. A building facade or wall is considered blank if it is uninterrupted by windows, ornamentation, decoration, articulation or other architectural detailing.

4. Landowner to provide two (2) off-street parking spaces for each residential unit.

5. All rental agreements between building owner and residential tenants will include information on the implications of living in a mixed use building. Information should inform the tenant that should the business cease operation, the residential rental/lease agreement is immediately null and void and premises must be vacated within thirty (30) days.

D. Implementation.

1. Commercial portion of structure must have entrance at street level facing the street.

2. Retail section must have posted hours of operation.

3. Entrance to the retail section must have posted signage indicating open and closed.

4. No residential use on street level.

5. Building modifications must meet all existing codes.

6. A business license will only be issued after annual review for compliance.

7. Living quarters shall have a fire suppression sprinkler system installed in compliance with the City’s adopted fire protection codes. On an annual basis evidence shall be provided to the City to their satisfaction that the fire suppression system is maintained in a proper working order. (Ord. No. 728 §2, 3-3-05)

SECTION 400.140: “I-1″ LIGHT INDUSTRIAL DISTRICT

A. General Description. Intended primarily for lighter manufacturing industries and related industrial activities in which production performances characteristically produce a finished product from semi-finished materials but requires little or no outside material storage. The district does not rely upon specific relation to fixed transportation routes and may rely primarily upon motor truck or air cargo deliveries of lighter bulk items. Commercial uses in this district are generally those which serve the convenience of industrial establishments or their employees. Residential uses are not compatible with this environment and are not permitted in order that the district may be preserved for its intended light industrial purpose.

B. Uses Permitted.

1. No building, structure, land or premises shall be used and no building or structure shall hereafter be erected, moved, constructed or altered except for one or more of the following uses:

Agriculture, except animal raising, training or feeding farms.

Amusement parks.

Animal hospital and shelters, public and private.

Argon gases, or other inert storage, sales and service.

Auction houses.

Automobile sales, retail & wholesale.

Automobile warehouses.

Automobile parks, commercial.

Bakeries, wholesale.

Banks.

Barge line terminals.

Beverage manufacturing.

Biological products manufacturing.

Blacksmith, welding and brazing services.

Bookbinding and related miscellaneous work.

Bottling and canning of beverages.

Breweries.

Bus garaging and maintenance.

Cabinet makers.

Cafes, cafeterias and restaurants.

Canning or preserving factories.

Carpet cleaning and carpet manufacturing.

Casket manufacturing.

Ceramic wall and floor tile manufacturing.

Cereal manufacturing.

Chemical cleaning services.

Chemical laboratories.

Chewing gum manufacturing.

Cleaning, pressing and dyeing plants.

Cold storage plants.

Contractor’s equipment, rental and sales.

Crematories and mortuaries.

Custom farming and/or contract farming and storage of

accessory equipment.

Dairies, cheese factories, milk bottling or condensaries and

similar enterprises.

Dental equipment and supplies manufacturing.

Dog pounds.

Electroplating works, precious metals.

Engine and turbine repairing service.

Farm implement and truck sales.

Gasoline service stations.

Golf driving ranges and golf courses.

Greeting card and similar paper product manufacturing.

Horseshoers – farriers.

Ice plants.

Iron, ornamental and wrought manufacturing.

Jewelry and precious metals manufacturing, silverware and

plated ware.

Laundries.

Liquor distilleries.

Lumber yards.

Machine shops.

Mail order houses, central store and warehouse.

Manufacturing products such as: artificial flowers, feathers and plumes, bags,

boats, brooms and brushes, buttons, novelties, souvenirs, textile products, cigars

and other tobacco products, cleaning or polishing preparations, coffee roasting,

communications equipment, cottonseed products, drugs and pharmaceutical products,

electrical equipment, electrical signs, extracts, food products, gas fixtures, heating apparatus,

hospital equipment, janitor supplies and equipment, laboratory equipment, leather products

(no tanning), musical instruments, sausage, syrup, sheet metal products and wooden ware.

Mobile homes and modular housing manufacture.

Monument manufacturing.

Mortician’s supply manufacturing.

Motor freight terminal.

Moving and storage plants.

Newspaper publishing plants.

Nurseries and greenhouses.

Office machine manufacturing.

Packing and crating services.

Photo engraving plant.

Photo equipment and supplies manufacturing.

Printing plants.

Sign painting plants.

Stone cutting plants.

Taverns and bars for the sale of alcoholic beverages.

Veterinary equipment and supplies manufacturing.

Warehousing of products similar in character to those

listed herein.

Wholesale sales of products similar in character to

those listed herein.

Manufacture and wholesale of products similar in character

to those listed herein and not listed in Section 400.150,

“I-2″ General Industrial District.

Accessory uses customarily incidental to the foregoing uses.

Caretaker’s or night watchman’s sheds are considered

customary accessory uses.

2. All of the uses permitted under this Section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside of the building housing the operation or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street. Other than selected items representing goods offered for sale, any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. Those representative items selected for sale displays shall not block sidewalks and traffic ways.

C. Area Regulations.

1. Front yard. All buildings shall be set back from the street right of way line to provide a front yard having not less than twenty-five (25) feet in depth.

2. Side yard. No building shall be located closer than twenty-five (25) feet to a side lot line.

3. Rear yard. No rear yard is required except when a rear lot line abuts other than an industrial district, then a rear yard of twenty-five (25) feet shall be provided.

4. Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

5. All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

D. Height Regulations. No building or structure shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.200 of these regulations. (Ord. No. 392 Art. II §7, 11-5-81; Ord. No. 698 §4, 4-3-03)

SECTION 400.150: “I-2″ GENERAL INDUSTRIAL DISTRICT

A. General Description. Intended primarily for major manufacturing and basic industrial activities. Many of these industries characteristically store bulk quantities of raw or scrap material for processing or manufacturing to semi-finished products. The district is generally related to rail transportation or carriers of heavy building products. Commercial uses in this district are generally those which serve the convenience of the industrial establishment or their employees. Residential uses are not compatible with this environment and are not included in order that the district may be preserved for its intended heavy industrial purpose.

B. Uses Permitted.

1. Property and buildings in an “I-2″ General Industrial District shall be used only for the following purposes:

a. Any use permitted in the “I-1″ Light Industrial District.

b. Any of the following uses:

1) Building material sales yard and lumber yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, but not including a concrete batch plant or transit mix plant.

2) Contractor’s equipment storage yard or plant, or rental of equipment commonly used by contractors.

3) Freighting or trucking yard or terminal.

4) Grain elevator, flour mills and grain processing equipment storage yard.

5) Public utility service yard or electrical receiving or transforming station.

6) Sale barn.

c. Where the property line of a business in an “I-2″ district abuts an “R” Residential or a “C” Commercial district, no article or material permitted in this district shall be kept, stored or displayed outside the confines of a building unless it be so screened by fences, walls or planting that it cannot be seen from adjoining “R” or “C” district public streets or adjacent lots when viewed by a person standing on ground level in those districts.

d. The following uses when conducted within a completely enclosed building:

1) The manufacture, compounding processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, performed toilet soap, toiletries, and food products.

2) The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood, yarn and paint not employing a boiling process.

3) The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay, and kilns fired only by electricity or gas.

4) The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, cornices, eaves, and the like.

5) Manufacture of musical instruments, toys, novelties, and rubber and metal stamps.

6) Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing, and overhauling, tire retreading or recapping, and battery manufacturing.

7) Blacksmith shop and machine shop.

8) Foundry casting lightweight nonferrous metal not causing noxious fumes or odors.

9) Assembly of electrical appliances electronics instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders, and the like.

e. Buildings, structures and uses accessory and customarily incidental to any of the above uses.

2. The uses permitted under this Section shall be conducted in such a manner that no noxious odor, fumes, dust or public nuisance will be emitted beyond the property line of the lot on which the use is located.

C. Uses Permitted on Review. The following uses may be permitted on review by the City Planning Commission in accordance with provisions contained in Section 400.430.

1. Acid Manufacture.

2. Automobile salvage or junk yard.

3. Building materials salvage yard.

4. Cement, lime, gypsum or plaster of paris manufacture.

5. Explosives, manufacture or wholesale storage.

6. Gas manufacture.

7. Junk or salvage yard of any kind.

8. Petroleum or its products, refining of.

9. Scrap metal storage yard.

10. Wholesale or bulk storage of gasoline, propane or butane, or other petroleum products.

11. Any use not otherwise permitted in this Chapter.

D. Area Regulations.

1. There are no specific front or side yard requirements for uses in this district.

2. Rear yard. Where a building is to be serviced from the rear there shall be provided an alleyway, service court, rear yard or combination thereof of not less than thirty (30) feet in width or of adequate area and width to provide for maneuver of service vehicles, whichever is the greater. In all other cases no rear yard is required.

3. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

4. Coverage. Main and accessory buildings and off-street parking and loading facilities shall not cover more than eighty percent (80%) of the lot area.

5. All yard areas required under this Section and other yard and open spaces existing around buildings shall be landscaped and maintained in a neat condition.

E. Height Regulations. No building shall exceed three and one-half (3½) stories or forty-five (45) feet in height, except as hereinafter provided in Section 400.200. (Ord. No. 392 Art. II §8, 11-5-81; Ord. No. 698 §5, 4-3-03)

SECTION 400.160: “A”–AGRICULTURAL DISTRICT

A. General Description. This agricultural district is intended primarily for use in areas of the City on the outer edge of urbanized development. Subdivision of land to higher residential densities is usually premature in this district due to lack of adequate utility services, roadways or other transportation systems.

B. Uses Permitted. Property and buildings in an “A” Agricultural District shall be used only for the following purposes:

1. The growing of agricultural crops, nursery stock, and gardening.

2. The keeping of agricultural livestock in accordance with the ordinances of the City of Buckner relating thereto but not commercial feed lots or poultry processing.

3. Public schools, parks or playground.

4. Detached one-family dwelling.

5. Home occupations.

6. Accessory buildings which are not a part of the main building.

C. Area Regulations.

1. Front yard. All buildings shall be set back from street right of way lines to provide a front yard the minimum depth of which shall not be less than fifty (50) feet.

2. Side yard. All buildings shall be set back from lot lines to provide a side yard of not less than twenty-five (25) feet.

3. Rear yard. There shall be a rear yard for a main building of not less than twenty-five (25) feet. Unattached buildings of accessory use may be located in the rear yard of a main building.

4. Lot width. For dwellings there shall be a minimum lot width of three hundred thirty (330) feet at the front building line.

5. Intensity of use. For each dwelling, and buildings accessory thereto, there shall be a lot area of not less than three (3) acres.

D. Height Regulations. There is no height requirement in this district. (Ord. No. 392 Art. II §9, 11-5-81)

SECTION 400.170: “SS” — SPECIAL SERVICES DISTRICT

A. General Description. Intended primarily for personal services. Many services are private in nature. However this district is intended for all types and/or methods of personal services whether direct or indirect. The personal services allowed in this “SS” District shall not be allowed in any other district.

B. Uses Permitted. Property and buildings in an “SS” District shall be used only for the following purposes:

1. Any use permitted in the adjoining district: specifically “C-3″ Highway Commercial.

2. Dating services, escort services, massage parlors, health clubs.

3. Any service or club or similar operation offering any service of private or personal nature.

C. Area Regulations. The following requirements shall apply to all uses permitted in this district:

1. Front yard. All buildings shall be set back from the street right of way line to provide a front yard of not less than twenty-five (25) feet in depth.

3. Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article IV.

D. Height Regulations. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as hereinafter provided in Section 400.200. (Ord. No. 392 Art. II §13, 11-5-81)

ARTICLE III. ADDITIONAL DISTRICT PROVISIONS

SECTION 400.180: CONDITIONS OF A MORE RESTRICTED DISTRICT

Whenever the specific district regulations pertaining to one (1) district permit the uses of a more restricted district, such uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified. (Ord. No. 392 Art. III §1, 11-5-81)

SECTION 400.190: OPEN SPACE

No open space or lot area required for a building or structure shall during its life be occupied by, or counted as open space for any other building or structure.

1. Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed one (1) foot. Open porches may project into a front or rear yard a distance not to exceed five (5) feet.

2. Where the dedicated street right of way is less than sixty (60) feet, the depth of the front yard shall be measured starting at a point thirty (30) feet from the centerline of the street easement.

3. No dwelling shall be erected on a lot which does not abut on at least one (1) street for at least thirty-five (35) feet and have a width of at least fifty (50) feet at the building line. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.

4. No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this Chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.

5. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth having a height in excess of three (3) feet above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of thirty (30) feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection. (Ord. No. 392 Art. III §2, 11-5-81)

SECTION 400.200: HEIGHT

The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article II.

1. In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment shall be counted as a half (½) story.

2. Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.

3. Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed height limit. (Ord. No. 392 Art. III §3, 11-5-81)

SECTION 400.210: GROUP HOUSING PROJECTS

In the case of a housing project consisting of a group of two (2) or more buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots, and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this Chapter to the individual buildings in such housing project then the application of such requirements to such housing project shall be done by the Board of Aldermen in a manner that will be in harmony with the character of the neighborhood, will insure a density of land use no higher and a standard of open space at least as high as required by this Chapter in the district in which the proposed project is to be located. In no case shall a use or building height or density of population be permitted which does not conform to the requirements of the district in which the housing project is located. (Ord. No. 392 Art. III §5, 11-5-81)

SECTION 400.220: ANIMALS

Animals in any district shall be kept only in accordance with the ordinances of the City of Buckner. (Ord. No. 392 Art. III §4, 11-5-81)

SECTION 400.230: STORAGE OF LIQUIFIED PETROLEUM GASES

The use of land or buildings for the commercial wholesale or retail storage of liquified petroleum gases shall be in accordance with the ordinances of the City of Buckner. (Ord. No. 392 Art. III §6, 11-5-81)

SECTION 400.240: MOBILE HOME PARK REGULATIONS

Mobile Home Parks shall be constructed in accordance with the requirements for the planning and improvements as set forth in Chapter 3, FHA G 4200.7, Mobile Home Court Development Guide, January, 1970, or subsequent amendments thereto, United States Department of Housing and Urban Development and with the ordinances of the City of Buckner. (Ord. No. 392 Art. III §7, 11-5-81)

SECTION 400.250: MOBILE HOMES, TRAILER HOMES AND TRAVEL TRAILERS — PROHIBITED — WHEN

No individual, person, or corporation or other entity shall permanently install or place in any zoning district in the City of Buckner a mobile home, trailer home, or travel trailer to be used as a residence. An R.V. may be placed on a temporary basis not to exceed thirty (30) days. (Ord. No. 392 Art. III §8, 11-5-81)

SECTION 400.260: SWIMMING POOL REGULATIONS

All private permanent (an object that is placed in an area intending not to be moved for twelve months or more without disassembling said object) and temporary (an object that is placed in an area for less than twelve (12) months and then disassembled and removed) swimming pools constructed in any district shall conform to the following provisions:

1. All gates shall be equipped with a secure locking device and locked when not in

use.

2. There shall be a fence around all swimming pools having a height of not less than

forty-eight (48) inches and of chain link or vertical board construction.

3. No portion of a swimming pool outside a building shall be located at a

distance less than eight (8) feet from any side or rear property or building

line Pumps, filters, and pool water disinfecting equipment shall be located at a

distance not less than eight (8) feet from and side property line.

4. There shall be a permit required (the fee as set forth in the IBC codes as

adopted by the City of Buckner, Missouri in Chapter 400 as it may be

amended from time to time) for construction, installation, enlargement or alteration

of a permanent swimming pool.

5. Definition: The term “swimming pool” is hereby defined as a receptacle for water, or

an artificial pool of water having a depth at any point of more than two (2) feet,

intended for the purpose of immersion or partial immersion therein of human beings,

and including all appurtenant equipment. (Public swimming pools are excepted).

(Ord. No. 392 Art III § 9, 11-5-81)

ARTICLE IV. OFF-STREET AUTOMOBILE AND VEHICLE PARKING AND LOADING

SECTION 400.270: GENERAL INTENT AND APPLICATION

It is the intent of these requirements that adequate parking and loading facilities be provided off the street for each use of land within the City. Requirements are intended to be based on the demand created by each use. These requirements shall apply to all uses in all districts. (Ord. No. 392 Art. IV §1, 11-5-81)

SECTION 400.280: REQUIRED OPEN SPACE

A. Off-street parking or loading space shall be a part of the required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.

B. The area required for off-street parking shall be in addition to the yard areas herein required except that the front yard required in a “C-1″ Local Commercial District may be used for uncovered parking spaces and the front yard of a residential district may be used for the uncovered parking spaces for six (6) or less vehicles associated with a residential use when the area is surfaced with a pavement adequate to prevent the occurrence of mud and dust with continued use, or may be used for uncovered parking area for more than six (6) vehicles in accordance with the provisions of Section 400.330. (Ord. No. 392 Art. IV §2, 11-5-81)

SECTION 400.290: LOCATION

The off-street parking lot shall be located within two hundred (200) feet, exclusive of street and alley widths, of the principal use and shall have direct access to a street or alley. (Ord. No. 392 Art. IV §3, 11-5-81)

SECTION 400.300: OWNERSHIP

The ownership of land upon which the off-street parking is provided shall be the same as the ownership of land on which the principal use is located. (Ord. No. 392 Art. IV §4, 11-5-81)

SECTION 400.310: SIZE OF OFF-STREET PARKING SPACE

The size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than nine (9) feet by twenty (20) feet plus adequate area for ingress and egress. (Ord. No. 392 Art. IV §5, 11-5-81)

SECTION 400.320: AMOUNT OF OFF-STREET PARKING AND LOADING REQUIRED

A. Off-street parking and loading facilities shall be provided in all districts in accordance with the following schedule:

1. Dwellings. Two (2) parking spaces for each separate dwelling unit within the structure.

2. Boarding or rooming house or hotel. One (1) parking space for each two (2) persons provided overnight accommodations.

3. Hospitals. One (1) space for each four (4) patient beds, exclusive of bassinets, plus one (1) space for each staff or visiting doctor, plus one (1) space for each three (3) employees including nurses, plus adequate area for the parking of emergency vehicles.

4. Medical or dental clinics or offices. Four (4) spaces per doctor plus one (1) for each two (2) employees.

5. Sanatoriums, convalescent or nursing homes. One (1) space for each six (6) patient beds plus one (1) space for each staff or visiting doctor plus one (1) space for each four (4) employees including nurses.

6. Community center, theater, auditorium, church sanctuary. One (1) parking space for each five (5) seats, based on maximum seating capacity.

7. Convention hall, lodge, club, library, museum, place of amusement or recreation. One (1) parking space for each fifty (50) square feet of floor area used for assembly or recreation in the building.

8. Office building. One (1) parking space for each three hundred (300) square feet of gross floor area in the building, exclusive of the area used for storage, utilities, and building service area.

9. Commercial establishments not otherwise classified. One (1) parking space for each two hundred (200) square feet of floor space in the building used for retail trade or used by the public, whichever is the greater.

10. Industrial establishments. Adequate area to park all employees and customers vehicles at all times and adequate space for loading and unloading and storing all vehicles used incidental to or as a part of the primary operation of the establishment.

B. For all uses not covered in Subsection A(1-10) above, the Buckner Planning Commission shall make a determination of the parking demand to be created by the proposed use, and the amount of parking thus determined shall be the off-street parking requirements for the permitted use. (Ord. No. 392 Art. IV §6, 11-5-81; Ord. No. 742 §1, 5-4-06)

SECTION 400.330: OFF-STREET PARKING LOTS IN OR ADJACENT TO RESIDENTIAL DISTRICTS

Whenever off-street parking lots for more than six (6) vehicles are to be located within or adjacent to a residential district, the following provisions shall apply:

1. All sides of the lot abutting the residential district shall be enclosed with an opaque ornamental fence, wall or dense evergreen hedge having the heights of not less than five (5) nor more than six (6) feet. Such fence, wall or hedge shall be maintained in good condition.

2. No parking shall be permitted within a front yard setback line established ten (10) feet back of the property line of interior and corner lots wherever the parking lot is located in a residential district or immediately abuts the front yard of a residential unit. In all other cases no setback shall be required; however, that on any corner lot formed by two (2) intersecting streets no parking shall be permitted, and no wall, fence, sign, structure or plant growth having a height in excess of three (3) feet above the elevation of the crown of the adjacent roadway surface shall be maintained in a triangle formed by measuring a distance of thirty (30) feet along said front and side lot lines, from their point of intersection, and connecting the points to established to form a triangle on the area of the lot adjacent to the street intersection.

3. All yards shall be landscaped with grass, shrubs and evergreen ground cover and maintained in good condition the year round.

4. Driveways used for ingress and egress shall be confined to and shall not exceed twenty-five (25) feet in width, exclusive of curb returns.

5. All of the lot used for parking and driveway purposes shall be paved and maintained in such a manner that no dust will be produced by continued use.

6. The intensity of light and arrangement of reflectors shall be such as not to interfere with residential district use.

7. No sign of any kind shall be erected except information signs used to guide traffic and to state the conditions and terms of the use of the lot. Only non-intermittent incandescent lighting of signs shall be permitted. (Ord. No. 392 Art. IV §7, 11-5-81)

ARTICLE V. NON-CONFORMING BUILDINGS, STRUCTURES AND USES OF LAND

SECTION 400.340: NON-CONFORMING BUILDINGS AND STRUCTURES

A. A non-conforming building or structure existing on or before November 5, 1981, may be continued and maintained except as otherwise provided in this Section.

B. Alteration or Enlargement of Buildings and Structures. A non-conforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but non-conforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which said building or structure is located. No non-conforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.

C. Restoration of Damaged Building. A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy to the extent of not more than seventy-five percent (75%) of its value, exclusive of foundations, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently prosecuted to completion. In the event such damage or destruction exceeds seventy-five percent (75%) of the value, exclusive of foundation or such non-conforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located; provided however, that any building or structure that is non-conforming due to off-street parking requirements, and is conforming in every other respect, may be restored regardless of the extent of damage; and provided however, that any single-family residence that is non-conforming due to its location in a commercially zoned area, and is conforming in every other respect, may be restored regardless of the extent of damage.

D. Outdoor Advertising Signs and Structures. Any advertising sign, billboard, commercial advertising structure, or statuary, which is lawfully existing and maintained at the time this ordinance became effective, which does not conform with the provisions hereof shall not be structurally altered and all such non-conforming advertising signs, billboards, commercial advertising structures and statuary, and their supporting members shall be completely removed from the premises not later than three (3) years after November 5, 1981.

E. Building Vacancy. A non-conforming building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one (1) year shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.

F. Change in Use.

1. A non-conforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use. If such a non-conforming use of a portion thereof is discontinued or changed to a conforming use, any further use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant non-conforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one (1) year after November 5, 1981.

2. The use of a non-conforming building or structure may be changed to a use of the same or a more restricted district classification; but where the use of a non-conforming building or structure is changed to a use of a more restricted district classification it thereafter shall not be changed to a use of a less restricted district classification. (Ord. No. 392 Art. V §1, 11-5-81; Ord. No. 601 §1, 8-5-99)

SECTION 400.350: NON-CONFORMING USES OF LAND

A. A non-conforming use of land, where the aggregate value of all permanent buildings or structures is less than one thousand dollars ($1,000.00), existing on or before November 5, 1981, may be continued for a period of not more than three (3) years therefrom, provided:

1. Said non-conforming use may not be extended or expanded.

2. If said non-conforming use or any portion thereof is discontinued for a period of one (1) month, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located.

B. A non-conforming use of land, where the use consists of a mobile home, existing on or before November 5, 1981, not located in a mobile home park, may be continued for a period of not more than five (5) years therefrom, provided:

1. Said non-conforming use may not be extended or expanded.

2. If said non-conforming use or any portion thereof is discontinued or removed for a period of one (1) month, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which said land is located. (Ord. No. 392 Art. V §2, 11-5-81)

SECTION 400.355: SPECIAL USE PERMITS

Editor’s Note–Ord. No. 660 §1, adopted May 2, 2002, repealed Section 400.355 “Special Use Permits” leaving the Section reserved. Former Section 400.355 derived from Ord. No. 617 §1, 5-11-00.

ARTICLE VI. BOARD OF ADJUSTMENT

SECTION 400.360: BOARD OF ADJUSTMENT CREATED

There is hereby created within and for the City of Buckner a Board of Adjustment, which shall hereafter be known as the Board of Adjustment or as the Board of Zoning Adjustment, with the following powers and duties as hereinafter set forth. (Ord. No. 392 Art. VI §1, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.370: MEMBERSHIP

A. The Board of Adjustment shall be composed of five (5) members, residents, citizens of the City of Buckner each appointed by the Mayor with the approval of the Board of Aldermen for a term of five (5) years; provided however, that for the first (1st) appointment under the provisions of this Article, one (1) member shall be appointed for a term of one (1) year; one (1) member shall be appointed for a term of two (2) years; one (1) member shall be appointed for a term of three (3) years; one (1) member shall be appointed for a term of four (4) years; and one (1) member shall be appointed for a term of five (5) years. Appointments thereafter shall be for a term of five (5) years.

B. Members of the Board of Aldermen, City Planning Commission, the Public Works Superintendent, City Attorney or municipal employees shall not be appointed to the Board of Adjustment.

C. Board of Adjustment members, once appointed, can thereafter be removed only for cause, upon written charges and after a public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.

D. The Board shall elect a Chairman and an Acting Chairman from its membership who shall serve for a term office of one (1) year. (Ord. No. 392 Art. VI §2, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.380: PROCEDURE

The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of this Chapter and the State Statutes governing their operation. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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, all of which shall be immediately filed in the office of the City Clerk and shall be public record. All testimony, objections thereto and rulings thereon shall be recorded and a transcript of the proceedings shall be prepared. (Ord. No. 392 Art. VI §3, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.390: POWERS

The Board of Adjustment shall have the following powers:

1. Powers relative to interpretations. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any administrative official in the interpretation and enforcement of this Chapter.

2. Powers relative to special exceptions. To hear and decide, upon appeal, applications for a special exception to the terms of this Chapter under the following circumstances and conditions.

a. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

b. To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices and made a part of this Chapter by reference.

3. Powers relative to non-use variances. A variance that does not have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Adjustment where,

a. By reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of this Chapter, November 5, 1981, or

b. By reason of exceptional topographical conditions or other extraordinary or exceptional situations or conditions of a specific piece of property which condition is not generally prevalent in the area, the strict application of this Chapter would result in peculiar exceptional practical difficulties to or exceptional undue hardship upon the owner of such property,

c. The Board of Adjustment is hereby empowered to authorize upon an appeal in specific cases a variance from the terms of the zoning ordinances of the City in accordance with the criteria, conditions and other provisions of this Chapter, as will not be contrary to the public interest, so that the spirit of the ordinance will be observed and substantial justice will be done.

d. The Board of Adjustment may establish such requirements relative to such property as would carry out the purpose and intent of this Chapter.

4. Powers relative to use variances. A variance that would have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Adjustment upon an affirmative finding that all of the following conditions have been met.

a. Purpose. Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in the particular zoning district, however, when such use is found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted, except as otherwise specified, in any zoning district from which they are prohibited.

b. The Board of Adjustment may, within the specifications herein provided, permit such buildings, structures or uses where requested, provided that the public safety, morals and general welfare will not be adversely affected, and that necessary safeguards will be provided for the protection of surrounding property, persons and neighborhood values. In this regard, the Board of Adjustment may impose reasonable conditions on the approval of a use variance.

c. Any use not specifically otherwise addressed in this Code shall be subject to the requirements of this Section so that a use variance is required before such use begins.

d. Unless otherwise specified in the particular variance, a use variance shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met; however, if that particular use ceases to exist for a period of six (6) months, it will forfeit its use variance and will not be allowed to exist again unless a new application is made and a new use variance approved.

5. In exercising the above-mentioned powers, the Board of Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter, and the following:

a. Criteria.

(1) The danger to life and property due to the approval of the development;

(2) The importance of the services provided by the proposed facility to the community;

(3) The necessity to the facility on the particular location, where applicable;

(4) The availability of alternative locations for the proposed use;

(5) The compatibility of the proposed use with existing and anticipated development;

(6) The relationship of the proposed use to the Comprehensive Plan;

(7) The safety of access to the property for ordinary and emergency vehicles;

(8) Hardship to the applicant if the application is denied; and

(9) The costs of providing governmental services, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

b. Conditions.

(1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon determination provided the proposed activity will not preclude the structure’s continued historic designation.

(3) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief.

(4) Variances shall only be issued upon:

(a) A showing of good and sufficient cause,

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

(c) A determination that the granting of a variance will not result in increased or additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(5) Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the buildings unique circumstances. Variances granted shall meet the above conditions as well as those criteria set forth in Section 400.390(5)(a) of this Section.

c. The Board of Adjustment may, in conformance with the provisions of this Chapter, 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. In considering all appeals from rulings made under this Chapter, the Board of Adjustment shall in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the City of Buckner. It is further provided that in exercising its powers to grant special exceptions and variances, the Board of Adjustment may impose any reasonable condition which shall be necessary to protect surrounding property values and to promote the health, safety, morals and general welfare.

d. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative office or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass or to effect any variation in this Chapter.

e. Any ruling made upon any appeal to the Board of Adjustment shall be accompanied by a written finding of fact based on the testimony received at the hearing afforded by the Board of Adjustment and shall specify the reason for granting or denying the appeal. (Ord. No. 392 Art. VI §4, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.400: APPEALS — PROCEDURE

A. Appeals to the Board of Adjustment may be taken by any person aggrieved or any officer, department, board or bureau of the City of Buckner affected by any decision of an administrative official in the interpretation and enforcement of this Chapter. Depending on the type of variance requested, it may be appropriate for a tenant or other land user to make the request; however, the land owner must provide evidence of support for the variance request.

B. Appeals to the Board of Adjustment shall be taken within thirty (30) days from the date of the decision by filing with the City Clerk an application of appeal specifying the grounds thereof and by paying a non-refundable filing fee of fifty dollars ($50.00) at the office of the City Clerk at the time the notice is filed. No application shall be processed until the application is complete and the required fee has been paid.

C. The administrative official shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter together with a copy of the ruling or order from which the appeal is taken.

D. An appeal stays all proceedings in furtherance of the action appealed from, 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 court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

E. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. At least fifteen (15) days’ notice of the time and place of scheduled public hearings before the Board of Adjustment shall be published in a legal newspaper of general circulation within the City.

F. The Board of Zoning Adjustment shall use the script in Schedule 1 to this Chapter in all public hearings concerning appeals for non-use and use variances.

G. The Board of Adjustment shall not rehear an appeal once decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the Board of Adjustment at the public hearing, and that for some reason he was prevented from presenting such facts, or that the facts of the case have materially changed since the public hearing. (Ord. No. 392 Art. VI §5, 11-5-81; Ord. No. 658 §1, 4-4-02)

SECTION 400.410: APPEAL TO CIRCUIT COURT

Any person or persons, jointly or separately aggrieved by any decision of the Board of Adjustment or any officer, department, board or bureau of the City of Buckner may present to the Circuit Court of Jackson County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’s attorney, but shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his finding of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from. (Ord. No. 392 Art. VI §6, 11-5-81; Ord. No. 658 §1, 4-4-02)

ARTICLE VII. ADMINISTRATION

SECTION 400.420: BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY REQUIRED

This Chapter shall be enforced by a Building Inspector appointed by the City of Buckner. It shall be a violation of this Chapter for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a building permit or certificate of occupancy has been obtained under the following conditions:

1. Building permits. Whenever any structure or building is to be improved in an amount exceeding five hundred dollars ($500.00), or erected, moved, or structurally altered a Building Permit shall be obtained from the City Clerk upon approval of the Building Inspector. The City Clerk shall require every applicant for a Building Permit to furnish the following information:

a. A plot plan, drawn to scale, showing the exact size, shape, and dimensions of the lot to be built upon, the exact size and location on the lot of all existing buildings and structures, and the exact size and location on the lot of the structure or building proposed to be repaired, altered, erected or moved, and the size arrangement, number of parking stalls, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities.

b. A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing and proposed building is designed to accommodate.

c. Additional information relating to the proposed improvement needed to determine compliance with these regulations.

d. A survey prepared by a land surveyor or engineer registered in the State of Missouri of the boundaries and elevation of the lot on which the improvement is proposed to be located.

2. Certificate of occupancy. No change shall be made in the use of any land or building or structure after November 5, 1981, until a Certificate of Occupancy is obtained from the Building Inspector certifying that all of the provisions of this Chapter are complied with. Whenever a Building Permit is issued for the erection of a new building or structure an Occupancy Permit shall not be required, except where the use of the building or structure is changed from that for which the Permit is issued or where the intended use is not clearly stated on the Building Permit. (Ord. No. 392 Art. VII §1, 11-5-81)

SECTION 400.430: PROCEDURE FOR AUTHORIZING USES PERMITTED ON REVIEW

The uses listed under the various Districts herein as “Uses Permitted on Review” are so classified because they more intensely dominate the area in which they are located than do other uses permitted in the district; however, the nature of such uses makes it desirable that they be permitted to locate therein. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure:

1. An application shall be filed with the City Planning Commission for review. Said application shall show the location and intended use of the site, the names of all the property owners and existing land uses within one hundred eighty-five (185) feet, and any other material pertinent to the request which the City Planning Commission may require.

2. The City Planning Commission shall hold one (1) or more public hearings thereon.

3. The City Planning Commission shall within forty-five (45) days of the date of the application, transmit to the Board of Aldermen its report as to the effect of such proposed building or use upon character of the neighborhood, traffic conditions, public utilities and other matters pertaining to the general welfare, and the recommendation of the City Planning Commission concerning use thereon. Thereupon the Board of Aldermen may authorize or deny the issuance of a Building Permit for the use of land or building as requested. (Ord. No. 392 Art. VII §2, 11-5-81)

SECTION 400.440: VIOLATIONS AND PENALTIES

A violation of this Chapter shall be deemed a misdemeanor and shall be punishable by fine. Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this Chapter shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. (Ord. No. 392 Art. VII §3, 11-5-81)

SECTION 400.450: AMENDMENTS

A. The Board of Aldermen may, from time to time, on its own motion, or on petition from a property owner, or on recommendation of the City Planning Commission, amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing held in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the City of Buckner.

B. Passage by the Board of Aldermen. Every such proposed amendment shall be referred by the City Planning Commission for report. If a protest against such amendment be presented, duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the territory included in such proposed change, such amendment shall not be passed except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.

C. For each petition for amendment to the Zoning Ordinance a fee of ten dollars ($10.00) plus the cost of legal publication shall be paid to the City Clerk. (Ord. No. 392 Art. VII §4, 11-5-81)

SECTION 400.460: CLASSIFICATION OF NEW ADDITIONS

A. All new additions and annexations of land to the City of Buckner shall be in an “A” Agricultural Zone unless otherwise classified by the Board of Aldermen, for a period of time not to exceed one (1) year after annexing said addition.

B. Within this one (1) year period of time the Board of Aldermen shall instruct the City Planning Commission to study and make recommendations concerning the use of land within said annexation to promote the general welfare and in accordance with the comprehensive City plan, and upon receipt of such recommendations the Board of Aldermen shall, after public hearings as required by law, establish the district classification of said annexation; provided, however, that this shall not be construed as preventing the Board of Aldermen from holding public hearings prior to annexation and establishing the district classification at the time of said annexation. (Ord. No. 392 Art. VII §5, 11-5-81)

SECTION 400.470: RESPONSES

This Section sets out the process for review and approval of a response regarding the provisions of this Zoning Code.

1. Inquiries. When a citizen inquires as to what the Zoning Code is, City staff shall provide copies, if requested, for a fee as per Section 110.240. If the citizen would like a response as to the meaning of the Zoning Code in relation to their property or activity, whether proposed or actual, and prior to entering the application process for activity regulated by the City, an administrative official of the City may provide such a response.

2. Review and action. Upon inquiry from a citizen, all administrative officials of the City, which includes the Mayor and all appointed officials, may interpret this Zoning Code in relation to their specific duties or as to the general intent of the Zoning Code. Upon such request an administrative official of City shall take the following actions:

a. Review and evaluate the request in light of the text of this Zoning Code, the Official Zoning Maps, the Comprehensive Plan and any other relevant documents;

b. Consult with other staff; and

c. Render a non-binding, verbal or written response regarding prior experience of the City on the issue.

3. Form. The response shall be provided to the applicant verbally unless a written response is to be understood or upon request for a response in writing, in which case the written responses shall be filed in the official record of responses.

4. Official record of responses. The City Clerk shall maintain an official record of written responses. The record of responses shall be available for public inspection in the office of the City Clerk during normal business hours. (Ord. No. 662 §1, 6-6-02)

SCHEDULE 1. SCRIPT FOR BOARD OF ADJUSTMENT

1. To protect the rights of all parties involved and in order to create an opportunity for everyone to speak their opinions in an orderly fashion, the Buckner Board of Zoning Adjustment follows a specific fact finding procedure, which is posted for your convenience. Your attention to this procedure is appreciated.

2. We would like to formally open the hearing regarding case number (insert case number or property description and relevant information from the agenda). Have any Board of Zoning Adjustment members had any outside contacts regarding this case? If so, please indicate who you have spoken with and explain the nature of the conversation.

3. Do any Board of Zoning Adjustment members have a conflict of interest in this case?

4. Is the applicant or his/her agent in attendance? Please step forward and state your name. You have ten (10) minutes to present your case. Board of Zoning Adjustment members may request clarification at the end of your presentation.

5. Is there anyone in the audience who would like to comment on this case? You may have five (5) minutes to comment. Please clearly state your name and address before commenting.

6. If there are no further comments, we will now hear the staff report.

7. Does the applicant wish to rebut any statements made in the staff report or in the public comments?

8. Does any member of the public wish to rebut any statements made in the staff report or by the applicant?

9. Does the Board of Zoning Adjustment have any further questions of the applicant or staff?

10. The public comment section of this case is now closed. Acceptance of a non-use or a use variance must be based on the following factors: Section 400.390, paragraphs (3), (4), and (5) of the Buckner Municipal Code.

11. The Chair will entertain a motion on this case.

12. A motion to (repeat motion) with the following conditions (repeat conditions) based on (repeat factors) has been made and seconded. Is there any discussion?

13. Staff, please call the roll. Motion (carries or fails).

SAMPLE MOTION

I move that we (accept/deny) the special use permit to allow this use subject to the following conditions: Thirty-five (35) parking spaces must be provided, and twelve (12) trees must be planted along the east boundary. This motion is made based on the following findings: conformance with the comprehensive plan, character of the neighborhood, zoning and uses of surrounding land, suitability or utilities for this use, and staff recommendation. (Ord. No. 658 §1, 4-4-02)

CHAPTER 402: CITY PLANNING COMMISSION

SECTION 402.010: DEFINITIONS

For the purpose of this Chapter the following terms mean or include:

BOARD OF ALDERMEN: The Chief Legislative Body of the City of Buckner.

STREETS: Any public ways.

SUBDIVISION: The division of a parcel of land into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates the process of subdividing or to the land or territory subdivided. (Ord. No. 230 §1, 2-19-69)

SECTION 402.020: BOARD TO APPOINT COMMISSION

The Board of Aldermen of the City of Buckner shall adopt, amend and carry out a City Plan, and appoint a Planning Commission with the powers and duties herein set forth. (Ord. No. 230 §2, 2-19-69)

SECTION 402.030: MEMBERSHIP

The Planning Commission of the City of Buckner shall consist of ten (10) members, including the Mayor, a member of the Board of Aldermen selected by the Board of Aldermen annually at its first (1st) organizational meeting, the City Engineer or similar City Official, and seven (7) citizens appointed by the Mayor and approved by the Board of Aldermen. All citizen members of the Commission shall serve without compensation. The term of each of the citizen members shall be for four (4) years, except that the terms of the citizen members first appointed shall be for varying periods, so that the succeeding terms will be staggered. Any vacancy in a membership shall be filled for the unexpired term by appointment as aforesaid. Any member of the Planning and Zoning Commission may be removed by the Mayor with the consent of the Board of Aldermen for misconduct or neglect of duty. No person shall be appointed to the Planning and Zoning Commission who is in arrears for any unpaid City taxes or in arrears any monthly City Utility bill. If an appointee misses four (4) meetings in a one (1) year period starting with the first time absent it may be considered negligence of duty and the appointee may be removed by the Board of Aldermen. The Board of Aldermen may remove any citizen member for cause stated in writing, and after public hearing. (Ord. No. 230 §3, 2-19-69)

SECTION 402.040: CHAIRMAN AND SECRETARY

The Commission shall elect a Chairman and Secretary from among the citizen members. The term of Chairman and Secretary shall be for one (1) year, with eligibility for re-election. The Commission shall hold regular meetings and special meetings as they provide by rule, and shall adopt rules for the transaction of business, and keep a record of its proceedings. These records shall be public records. The Commission shall appoint the employees and staff necessary for its work and the services that it requires. The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose of the Board of Aldermen. (Ord. No. 230 §4, 2-29-69; Ord. No. 652 §1, 11-1-01)

SECTION 402.045: APPOINTMENT OF AGENTS

The Commission makes the following appointments:

1. The Public Works Superintendent shall verify that site development plans and building permit applications meet the zoning requirements of the City. (Ord. No. 652 §2, 11-1-01)

SECTION 402.050: CITY PLAN–ADOPTION–PREPARATION–HEARINGS

A. The Commission shall make and adopt a City Plan for the physical development of the City of Buckner. The City Plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the Commission’s recommendations for the physical development and uses of land, and may include, among other things, the general location, character and extent of streets and other public ways, grounds, places and spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned, the acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment or change of use of any of the foregoing; the general character, extent and layout of the replanning of blighted districts and slum areas. The Commission shall also prepare a Zoning Plan for the regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density.

B. In the preparation of the City Plan, the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the Municipality. The Plan shall be made with the purpose of guiding and accomplishing a coordinated development of the Municipality which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.

C. The Commission may adopt the Plan as a whole by a single resolution, or, as the work of making the whole City Plan progress, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the Plan. Before the adoption, amendment or extension of the Plan or portion thereof, the Commission shall hold at least one (1) public hearing thereon. Fifteen (15) days notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the City of Buckner. The hearing may be adjourned from time to time. The adoption of the Plan requires a majority vote of the full membership of the Planning Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the Plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and filed in the office of the Commission, identified properly by file number, and a copy of the Plan or part thereof shall be certified to the Board of Aldermen and the Municipal Clerk, and a copy shall be recorded in the office of the Jackson County Recorder of Deeds. (Ord. No. 230 §§5-7, 2-19-69)

SECTION 402.060: INFORMATION TO BE FURNISHED COMMISSION

All public officials shall, upon request, furnish to the Commission within a reasonable time, all available information it requires for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land to make examinations and surveys. In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning. (Ord. No. 230 §8, 2-19-69)

SECTION 402.070: COMMISSION APPROVAL AND/OR DISAPPROVAL — RESULTS

Whenever the Commission adopts the Plan of the City of Buckner or any department thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the Plan or portions thereof, shall be constructed or authorized in the Municipality until the location, extent and character thereof has been submitted to and approved by the Planning Commission. In case of disapproval, the Commission shall communicate its reasons to the Board of Aldermen, and the Board of Aldermen, by vote of not less than two-thirds (2/3) of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the Planning Commission shall be the board having jurisdiction, and the Planning Commission’s disapproval may be overruled by that board by a vote of not less than two-thirds (2/3) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval. (Ord. No. 230 §9, 2-19-69)

SECTION 402.080: PERFORM FUNCTIONS PROVIDED IN STATUTES

The Commission shall have and perform all of the functions of the Zoning Commission provided for in Chapter 89, RSMo., and shall have and perform all of the functions of a Planning Commission as outlined in said Chapter. (Ord. No. 230 §10, 2-19-69)

SECTION 402.090: PROCEDURE OF COMMISSION TO APPROVE PLAT

A. After the Planning Commission of the City of Buckner adopts a City Plan which includes at least a Major Street Plan or progresses in its City planning to the making and adoption of a Major Street Plan, and files a certified copy of the Major Street Plan in the office of the Recorder of Deeds of Jackson County, then no plat of a subdivision of land lying within the Municipality shall be filed or recorded until it has been submitted to and as report and recommendation thereon made by the Commission to the Board of Aldermen, and the Board of Aldermen has approved the plat as provided by law.

B. Before the adoption of any subdivision regulations, or any amendment thereof by the Board of Aldermen, a duly advertised public hearing thereof may be held by the Board of Aldermen.

C. Within sixty (60) days after submission of a subdivision plat to the Commission, the Commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty-day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.

D. The approval of a plat by the Commission does not constitute or effect an acceptance by the Municipality or public of the dedication to public use of any street or other ground shown upon the plat.

E. Unless a plat which has been approved by the Board of Aldermen as outlined in Subsection (A) above has been recorded in the Recorder of Deeds Office for Jackson County, Missouri, within ninety (90) days of the approval rendered by the Board of Aldermen, such plat approval of the Board shall be deemed to be automatically terminated and of no effect. Upon termination of such unrecorded plat, anyone presenting such plat will then be required to begin the process of plat approval over again with the Planning Commission of the City of Buckner. (Ord. No. 230 §§11-14, 2-19-69; Ord. No. 569, 1-8-98)

SECTION 402.100: TRANSFER OR SALE OF PROPERTY WITHOUT APPROVAL — UNLAWFUL, WHEN

No owner or agent of the owner of any land located within the planning jurisdiction of the City of Buckner, knowingly or with intent to defraud, may transfer, sell, agree to sell or negotiate to sell that land by reference to or by other use of a plat or any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning Commission, and recorded in the office of the Jackson County Recorder. Any person violating the provisions of this Section shall forfeit and pay to the Municipality a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument or transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. Said penalty shall be set by the Board of Aldermen. The City of Buckner may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action. (Ord. No. 230 §15, 2-19-69)

SECTION 402.110: MAJOR STREET PLAN

A. Upon adoption of a major street plan and subdivision regulations, the City of Buckner, Missouri, shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the municipality unless the street has received the legal status of a public street prior to the adoption of a City Plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Board of Aldermen or the Planning Commission, or on a street plan made by and adopted by the Commission. The Board of Aldermen may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval, and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board of Aldermen.

B. After the adoption of a Major Street Plan, no building permit shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements above-described.

C. Whenever a plan for major streets has been adopted, the Board of Aldermen upon recommendation of the Planning Commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the Board of Aldermen may prohibit any new building being located within the proposed site or right of way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning Commission and adopted by the Board of Aldermen. (Ord. No. 230 §§16-18, 2-19-69)

SECTION 402.120: VIOLATION AND PENALTY

Any person violating the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by confinement in the County Jail for not more than one (1) year, or by both such fine and confinement. (Ord. No. 230 §19, 2-19-69)

CHAPTER 405: PUBLIC AND PRIVATE INFRASTRUCTURE REGULATIONS

Editor’s Note–Ord. No. 734 §3, adopted July 7, 2005, repealed ch. 405 “subdivision regulations” and enacted new provisions set out herein. Former ch. 405 derived from CC 1979 §§49.010–49.050; ord. no. 396 §49.060, 4-1-82; ord. no. 584 §§1–2, 10-1-98; ord. no. 619 §1, 6-8-00; ord. no. 625 §1, 8-3-00; ord. no. 629 §1, 9-7-00; ord. no. 639 §1, sch. 1, 2, 6-7-01; ord. no. 641 §1, 7-5-01.

ARTICLE I. IN GENERAL

SECTION 405.010: BASE ESTABLISHED FOR ALL GRADES OF CITY

City projects shall be referenced to the Missouri State Plane Coordinate System of 1983, West Zone and the North American Vertical Datum of 1988. (Ord. No. 734 §3, 7-7-05)

SECTION 405.020: OBSTRUCTION OF VIEW ON CORNER LOTS PROHIBITED — PENALTY

It shall be unlawful to construct or maintain or permit to remain any fence or other structure or any bushes or other plants, on a corner lot within twenty-five (25) feet of the street line, which obstructs the view at a height of more than three (3) feet above the level of the adjacent street pavement. (Ord. No. 734 §3, 7-7-05)

SECTION 405.030: ERECTION OF TELEPHONE, TELEGRAPH, OTHER POLES UPON STREETS, ALLEYS — RESTRICTIONS

A. Authority Of Board Of Aldermen To Prohibit. The Board of Aldermen shall have power to prohibit the placing of any telephone, telegraph, electric or other poles upon any of the streets or alleys of the City within the City’s right-of-way.

B. Authority To Permit. They may grant such privileges upon the streets and alleys as may seem in the best interests of the City. In making such determination they shall be given a report as to the impact of such privileges by the Building Official.

C. Location. Any poles that may be erected along streets or alleys shall be two (2) feet from the edge of the street or backside of the curb and shall not interfere with any sidewalks to be constructed.

D. Laying Of Pipes, Wires, Etc., Requirements. No digging along streets or alleys for the purpose of laying pipes, wires or for other purposes shall be done except by the consent of the City Engineer and the Building Official.

E. Costs. The Board may receive or demand suitable compensation for the use of the City’s right-of-way in streets or alleys for any of the above purposes through franchise agreements or otherwise. (Ord. No. 734 §3, 7-7-05)

SECTION 405.040: TREES — TO BE TRIMMED — HEIGHT RESTRICTIONS

All shade, ornamental or fruit trees, ornamental shrubs and landscape plants shall be kept clear of the sidewalks of the City and shall be kept trimmed to a distance above the walks of not less than nine (9) feet and so that they do not extend onto the sidewalk at any height so as to impede foot traffic, the same to be done by the owners or users of adjacent property. (Ord. No. 734 §3, 7-7-05)

SECTION 405.050: STREET CUTS/EXCAVATIONS — REQUIREMENTS GENERALLY

When any cut or excavation is made in any public street for connection to City infrastructure, to any utility or service with a City franchise agreement or for any other purpose, such cut or excavation shall be filled in, according to Subsections (1) and (2) of this Section and the surface restored in accordance with the Standard Specifications and Design Criteria of the American Public Works Association (APWA) immediately after the work is completed for which the street was cut. This information is located in Schedule 3 at the end of this Chapter.

1. Excavation fill requirements. The compaction of fill material must meet the APWA standard regardless of the type and condition of the surrounding soil.

a. On streets that have been accepted by the Board of Aldermen. The backfill method shall be flowable-fill, except storm sewers, only, may use concrete. The flowable-fill or concrete must set up for three (3) days before asphalt is installed. In addition, flowable-fill shall be installed by a procedure where a sheet of material is laid over the gravel base that is around a pipe so that there is an impervious barrier between the gravel base and the flowable-fill material.

b. On new streets being installed. The backfill method for storm sewer lines shall be flowable-fill or concrete and the backfill for sanitary sewer lines and water lines and all other cuts in the road bed shall be wet AB3 that is compacted to ninety-five percent (95%) in twelve (12) inch lifts.

2. Any person making any cut or excavation in any public street shall resurface the public street at the site of such cut or excavation so that the street surface shall be equal to or better as the street surface which surrounds the area of such public street and in accordance with APWA standards and the ordinances of the City of Buckner. (Ord. No. 734 §3, 7-7-05)

SECTION 405.060: STREET CUTS/EXCAVATIONS — PERMIT REQUIRED, DEPOSIT AND FEE

A. Responsible City Official. The Building Official of the City of Buckner is the City employee that is responsible for ensuring compliance with the street cut regulations of the City.

B. Permit Required. A permit shall be obtained from the Building Official before making any cut or excavation in any public street. It shall be unlawful to make any such cut or excavation in any public street without obtaining such permit.

C. Contractor Signature Of Agreement. The Building Official shall provide the applicant with a form, this may be on the back of the permit, on which shall be the information in this Section and Schedule 3. In addition, the form will have a signature line for the applicant to sign acknowledging their agreement to follow these procedures.

D. Records To Be Kept. The Building Official shall keep accurate records of all street cuts. A case file shall be established for each street cut and this file shall be retained for five (5) years in the City records. In addition, a yearly log of all street cuts that relates back to the case files shall be established. A logical numbering system that relates to the year shall be established for each street cut case file. The case file shall contain a list of the following information: street cut location, contractor name and contact information, date permit was issued, amount of permit fee collected and retained after inspections, date work started, date work was completed, date of all inspections, including the biannual inspections, and the street cut condition at each inspection.

E. Deposit And Fee. Before any such permit shall be issued a sum of two hundred dollars ($200.00) in cash, money order, personal or business check and a performance/ maintenance bond to the sum of one thousand eight hundred dollars ($1,800.00) shall be paid to the City Clerk, all checks made payable to “City of Buckner”. Fifty dollars ($50.00) of the permit fee shall be retained by the City for the issuance of the permit required and one hundred fifty dollars ($150.00) of the permit fee shall be retained by the City as an inspection fee when the work has been completed. The maintenance bond portion shall guarantee against defects in the reconstruction of streets (includes curbs and sidewalks) for a period of two (2) years, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage. The period for the maintenance bond shall not be construed as starting until the street cut is repaired.

F. Inspections. The Building Official or his/her designated representative shall conduct inspections at different stages of the backfilling of street cuts to ensure that the compaction standards set in Section 405.050 are met.

1. If all the requirements of compaction and resurfacing as per Section 405.050 are fulfilled, after inspection, the sum of one thousand eight hundred dollars ($1,800.00) shall be returned to the applicant.

2. If compaction and resurfacing is not completed in accordance with Section 405.050 within ten (10) working days, the total amount of the deposit shall be retained by the City and the applicant making a street cut or excavation shall be liable to the City for labor and material required to recompact and resurface such street in accordance with the requirements of Section 405.050. If weather conditions are unfavorable, the City may, in its discretion, grant an extension of working days.

G. Utility Companies With A Franchise Agreement. All utility companies with a franchise agreement with the City of Buckner shall be regulated according to their respective agreements. In general, this means that they will not be required to pay a permit fee or post a bond. However, they are subject to the initial and follow-up inspections. To accomplish this, the utility company representatives shall be required to provide the Building Official with a list of all street cuts. In addition, the construction process allowed is for the utility company to make their street cut and when they are finished with the work, flush fill the cut with gravel installed in twelve (12) inch lifts and compacted to ninety-five percent (95%). If the Building Official or his/her representative is not on hand to observe the flush backfilling, then when the contractor returns for the final repair action, they will have to remove all backfill material and perform the compaction in view of the Building Official. The utility company will complete the final repair action within ten (10) days. If this timeframe cannot be met due to the quantity of the street cuts, then the utility company and the Building Official shall mutually agree as to when the final repair action will be completed. The utility company or their contracted paving company will then return and pull out enough of the gravel to install eight (8) inches of concrete with a two (2) inch asphaltic lift. The street cut shall be over-cut an additional twelve (12) inches on both sides to allow the eight (8) inches of concrete and two (2) inches of asphalt to be resting on undisturbed ground. The finished product shall be as good or better than the original.

H. Biannual Inspections. On-site inspections and a review of the street cuts and the deposits held by the City shall be conducted biannually by the Building Official or his/her designated representative. Entries shall be made in the case files as to any action taken by the City, street cut condition and the fact that a biannual inspection has been made. (Ord. No. 734 §3, 7-7-05)

ARTICLE II. SIDEWALK ASSESSMENT AND CONSTRUCTION

SECTION 405.070: CITY RESPONSIBILITY TO ASSESS SIDEWALKS

While the City of Buckner does not own the sidewalks within the City limits, it still bears responsibility under State law for ensuring that sidewalks are maintained in a reasonably safe condition. (Ord. No. 734 §3, 7-7-05)

SECTION 405.080: ASSESSMENT OF SIDEWALKS

A. The Building Official shall conduct an assessment of all sidewalks in the City every three (3) years. After the initial assessment, this shall be done by inspecting one-third (1/3) of the sidewalks in the City each year in accordance with an assessment schedule to be implemented by the Building Official. The assessment and all reported problems shall be documented and a repair schedule developed. This information should be continually analyzed so that repair schedules can be altered as priorities change. In addition, other public access areas for foot traffic should be assessed and a schedule for repair established.

B. Public Works Department employees are to report any unsafe condition outside of the normal assessment. In order to do this these employees shall be educated, at the expense of the City, on common hazards and instructed to report problems. (Ord. No. 734 §3, 7-7-05)

SECTION 405.090: INFORMATION TO COLLECT

The information collected during an assessment is in relation to hazards of foot traffic on public sidewalks and in other public access areas. The information shall include, but not be limited to, the following:

Location Missing sections

Level of pedestrian traffic Crushed areas

Description of any cracks Excess slope (see Section 405.230)

Description of any heaving Backfilling

Deficient draining Unsafe manholes and valves

Low overhanging branches Low signs

Guy wires in walking area Priority of needed repairs

(Ord. No. 734 §3, 7-7-05)

SECTION 405.100: CRITERIA USED TO DESIGNATE WHO IS TO REPAIR THE SIDEWALK

Upon the advice of the Building Official, the Board of Aldermen may by ordinance or resolution condemn defective sidewalks, in accordance with State law, and may direct the Public Works Superintendent to remove the same and may provide funds for the construction of new sidewalks in their place. The following criteria shall be used by the Public Works Superintendent to designate who is to repair the sidewalk:

1. If the defects in a sidewalk were caused by faulty City infrastructure:

a. The Building Official shall seek budget funding for the next quarter or fiscal year from the Board of Aldermen.

b. The Building Official shall schedule time for City public work crews to repair the defective sidewalks.

2. If a sidewalk has deteriorated due to the property owner failing to maintain it or due to general deterioration of the concrete, then the procedures in this paragraph shall be performed in conjunction with Sections 405.110, 405.120 and 405.130.

a. The Building Official shall notify the property owner, by certified letter, of the defective sidewalk and the need for the property owner to repair the sidewalk per City ordinance.

b. If the property owner does not repair the sidewalk within the timeframe designated, the Building Official shall obtain the services of an outside contractor to have the sidewalk repaired.

c. The office of the City Clerk shall have the bill levied against the property owner’s tax bill at the County. (Ord. No. 734 §3, 7-7-05)

SECTION 405.110: CONSTRUCTION, REPAIRING SIDEWALKS AND CURBING — ASSESSMENT OF COSTS

For making and repairing sidewalks and sidewalk curbing, the cost thereof shall be levied as a special assessment on the lots and pieces of ground abutting on such improvements in proportion to the front footage thereof; provided, that corner lots shall be liable for the extension of curbs and sidewalks to the curb lines each way. (Ord. No. 734 §3, 7-7-05)

SECTION 405.120: FAILURE OF OWNER TO MAKE REPAIRS OR CONSTRUCT — ASSESSMENT OF COSTS

Whenever any person fails or neglects to repair or build any sidewalk when ordered to be done by the Building Official within sixty (60) days of receiving such notice as provided by the City, except in winter months when the ground is frozen or has frost in it or the temperature is forty degrees Fahrenheit (40°F) or below or in case of necessity for the general safety there is need of immediate repair of any sidewalk, upon the failure of any person to repair the same within fourteen (14) days after being notified to do so, the Building Official may without further notice cause such work to be done, keeping an account of the costs thereof and report the same to the Board of Aldermen for assessment and each lot or piece of ground abutting on such sidewalk, street, avenue or alley or part thereof shall be liable for its part of the cost of such work made along or in front of such lot or pieces of ground as reported to the Board of Aldermen. All tax bills issued in payment of such repair shall constitute a lien upon the property liable therefor until paid. Such tax bill shall be issued in favor of the City for such repairs and shall bear interest at the rate of eight percent (8%) per annum from date of issue. All such special tax bills shall be negotiable and shall be paid within thirty (30) days from date of issue; and as a penalty for failure to pay them within said time in all cases where legal proceedings are commenced for the collection of any such tax bills after expiration of thirty (30) days from the issue of such bill or bills, the holder thereof shall recover, in addition to the full amount of such tax bill or bills, all necessary costs and reasonable attorney’s fees paid out or contracted by plaintiff to secure the final payment of such tax bill or bills. (Ord. No. 734 §3, 7-7-05)

SECTION 405.130: REQUIREMENTS GENERALLY

Sidewalks shall be constructed in accordance with Section 2300 APWA Street Specifications, latest edition and Schedule 4 at the end of this Chapter.

1. Permit. No person shall construct a sidewalk, nor shall any person maintain a sidewalk not heretofore constructed and used for such without first obtaining a fifty dollar ($50.00) permit therefore from the Building Official.

2. Material–concrete condition.

a. Concrete shall have a twenty-eight (28) day minimum compressive strength of four thousand (4,000) psi (ASTM C31). The test capacity must be written on the load invoice.

b. Concrete must be started unloading within one (1) hour and completely unloaded within a maximum of one and one-half (1½) hours from the load time as shown on the invoice.

3. Material–thickness. All sidewalks constructed inside the City limits of the City shall be a minimum of four (4) inches thick, except where they cross a driveway in which case they will be a minimum of six (6) inches thick.

4. Minimum width. No sidewalk shall be built less than four (4) feet wide. Where there is a handicapped accessibility ramp, the width shall be adjusted to the APWA standard within the guidelines of the ADA Act.

5. Reinforcement.

a. Sidewalk in driveway. That portion of the sidewalk in the driveway approach will have the first eleven (11) feet from the curb reinforced with #4 re-bar, one-half (½) inch, on two (2) foot centers wired together on chairs.

b. Sidewalk not in driveway. Reinforcement shall be 6×6 W2.9 x W2.9 welded steel wire fabric.

6. Expansion and contraction joints. Expansion joints shall be placed at one hundred (100) foot centers. Contraction joints shall be placed at four (4) foot centers.

7. Handicapped access. Where sidewalks abut a street, ramps shall be installed according to the APWA standards and Buckner ordinances for wheelchair accessibility with stamped pavers. See Schedule 5 to this Chapter for details.

8. Finish. Sidewalk surfaces shall be broomed with a four (4) inch edge on all sides to include expansion and contraction joints.

9. City to inspect. The City shall inspect the building of all sidewalks on any and all streets in the City and see that they are built in accordance with this Section. (Ord. No. 734 §3, 7-7-05)

SECTION 405.140: STREET CROSSING — REQUIREMENTS GENERALLY

All street crossings built in the City shall conform to the specifications and material requirements that the City shall prescribe and shall be built with an inspection by the City Engineer or Building Official. (Ord. No. 734 §3, 7-7-05)

ARTICLE III. COMMERCIAL DRIVEWAYS AND PRIVATE DRIVEWAYS

SECTION 405.150: DEFINITIONS

A “commercial driveway” is defined as a driveway providing ingress and egress to any property other than residential or apartment property. A “private driveway” is a driveway providing ingress and egress to residential or apartment property. (Ord. No. 734 §3, 7-7-05)

SECTION 405.160: PERMIT FOR CONSTRUCTION AND MAINTENANCE REQUIRED

No person shall construct either a commercial driveway or a private driveway, nor shall any person maintain a commercial driveway or a private driveway not heretofore constructed and used for such without first obtaining a permit therefor from the Building Official. (Ord. No. 734 §3, 7-7-05)

SECTION 405.170: APPLICATION FOR PERMIT

A. Application for a commercial driveway permit or a private permit shall be made to the Building Official on forms provided for that purpose. The fee for each permit will be fifty dollars ($50.00). If, however, a permit to construct a private driveway for a new building is obtained at the same time the building permit for said building is obtained, no fee for the private driveway will be charged.

B. If the property is located on a State highway, the City permit will not be issued until a ruling is rendered from MoDOT and provided to the City in writing. (Ord. No. 734 §3, 7-7-05)

SECTION 405.180: FILING PLAT, DRAWING PREREQUISITE TO ISSUANCE OF PERMIT

No permit required by Section 405.160 shall be granted until the applicant shall file with the Building Official for his/her approval two (2) prints of a plat or drawing showing the location and size of all driveways (type of surface, thickness, width, length, etc.) serving the property affected. (Ord. No. 734 §3, 7-7-05)

SECTION 405.190: PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR COMMERCIAL DRIVEWAYS

A. Before approving the plat or drawing of a commercial driveway, Building Official shall see that the driveways do not exceed thirty (30) feet in width where they cross the sidewalks; that adjacent driveways are separated by an island at least six (6) feet in width; and that the driveways are at least six (6) feet from the property line at intersecting streets.

B. However, the width of said driveways may be increased to forty (40) feet where the property is located on a corner lot abutting a major thoroughfare and there are no paved sidewalks within the same block and on the same side of the street on which the driveway is located and, provided also, the increased width of the driveway will not cause a hazard to pedestrian traffic. (Ord. No. 734 §3, 7-7-05)

SECTION 405.200: PREREQUISITES TO APPROVAL OF APPLICATION FOR PERMIT FOR PRIVATE DRIVEWAYS

Before approving the plat or drawing of a private driveway, the Building Official shall see that the driveways do not exceed thirty (30) feet in width where they cross the sidewalk and that the driveways are at least six (6) feet from the property line at intersecting streets. (Ord. No. 734 §3, 7-7-05)

SECTION 405.210: SURFACES

Commercial driveways and private driveways shall be surfaced with a permanent all-weather surfacing.

1. Concrete. Concrete shall have a twenty-eight (28) day minimum compressive strength of four thousand (4,000) psi (ASTM C31). The test capacity must be written on the load invoice. The thickness of the driveway must be six (6) inches for the first eleven (11) feet for both the driveway and sidewalk areas.

2. Reinforcement.

a. Sidewalk In driveway. That portion of the sidewalk in the driveway approach will have the first eleven (11) feet from the curb reinforced with #4 re-bar, one-half (½) inch, on two (2) foot centers wired together on chairs.

b. Sidewalk not in driveway. Reinforcement shall be 6×6 W2.9 x W2.9 welded steel wire fabric.

3. Asphaltic concrete. All asphaltic concrete shall be installed in accordance with the APWA standard specifications.

4. Additional requirements. Driveways must have a five (5) foot by five (5) foot wing, that forms a triangle, on either side of the approach next to the street. Any modifications to this must be approved by the City Engineer. (Ord. No. 734 §3, 7-7-05)

SECTION 405.220: PERMITS TO RELOCATE, EXPAND, ENLARGE

Neither existing commercial driveways nor private driveways shall be relocated, enlarged or expanded without a permit approving the relocating, enlarging or expanding of such driveways and such driveways shall be subject to the limitations provided in Section 405.310 for both commercial and private driveways. (Ord. No. 734 §3, 7-7-05)

SECTION 405.230: GRADE AND REQUIREMENTS GENERALLY

A. Grade. The grade of incline or decline of any private or commercial driveway within the City’s right-of-way or eleven (11) feet from the edge of the curb or, if no curb, the edge of the street, whichever is greater, shall be one-half (½) inch per foot, except the sidewalk area which shall be one-quarter (¼) inch per foot.

B. Requirements Generally. Driveways shall be constructed in accordance with APWA Street Specifications, latest edition and Schedule 4 at the end of this Chapter and any other applicable City ordinances. (Ord. No. 734 §3, 7-7-05)

ARTICLE IV. CONSTRUCTION OR REPAIR BY PROPERTY OWNER

SECTION 405.240: NECESSITY OF PERMIT

The Building Official or his/her designated representative is hereby authorized to issue special permits, upon request, to owners of private property, their representatives or contractors to grade, construct, repair or reconstruct pavements, curbs, gutters, driveways from curb to property line, sidewalks and appurtenances, at their own expense, in the public streets or alleys adjacent to or running through their property, when the same are, in his/her judgment, reasonably necessary. No person shall begin any such improvement until such permit shall have been issued. (Ord. No. 734 §3, 7-7-05)

SECTION 405.250: PLANS, SPECIFICATIONS

A. Plans therefor shall be prepared by such owners and submitted to the Building Official or his/her designated representative for approval. Such plans shall indicate thereon the location, extent and character of the work proposed to be done with an estimate of the amount of the various materials, installations and services to be incorporated in the work. The plans shall have such cross sections, profiles and such other information as are ordinarily included in plans prepared by the City Engineer for like work. The plans shall conform and the work shall be done according to standard specifications of the City for public work of like character.

B. All such work shall be inspected to the satisfaction of the Building Official or his/her designated representative. Acceptance of the completed facility by Public Works Superintendent shall be made only after proper evidence that all bills for labor, materials and equipment have been paid. (Ord. No. 734 §3, 7-7-05)

SECTION 405.260: FEES

The fee for said permit will be fifty dollars ($50.00). (Ord. No. 734 §3, 7-7-05)

ARTICLE V. PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

SECTION 405.270: CONSTRUCTION OF STREETS, ETC., REGULATIONS AND APPLICATION FOR SUBDIVISIONS

Any person, firm, partnership, corporation, association, co-partnership or trust, prior to commencing any private work on public works projects in the City of Buckner, Missouri, shall comply with Sections 400.450 and 402.090, where relevant, and the following regulations and provisions:

1. Plans and specifications for the private construction of public works projects, including, but not limited to, streets, sidewalks, drainage systems, water distribution system, sewers or thoroughfares to be dedicated to and maintained by the City of Buckner, shall be submitted to the Board of Aldermen for approval. These plans will be submitted at the different City approval stages, which include: a pre-application review; an application to request an amendment to the City plan as specified in Schedule 1 of this Chapter 405; a preliminary (conceptual) plat; approval of design per phase/final engineering (construction) drawings; final plat; general construction permit per phase; final inspection and acceptance of infrastructure per phase; building permits for individual lots. Schedule 1 of this Chapter has additional information on the requirements at each stage.

2. When construction design is complete, the City shall be provided with plans marked as reviewed by the City’s Engineer. The developer and his contractors shall only build from plans that have been annotated as having been approved, signed and dated by the City Engineer to include change orders. No construction shall start until the City Engineer has approved all associated plans. The developer shall submit as-built plans when construction is complete.

3. The developer shall obtain a general construction permit from the office of the City Clerk authorizing the construction mentioned and set forth in the approved plans and specifications submitted. A permit will be issued for each phase of the development and includes all inspections, to include the final, associated with the work of the general contractor and subcontractors involved in building the infrastructure of the subdivision (see Schedule 2 of this Chapter). Work, for which the permit is issued, shall be started within one (1) year of issuance; if work has not started by this time, a new permit shall be required (this means that the process shall be started again as per Subsections (1) and (2) of this Section). An additional condition of issuing the permit shall be that the developer agrees to give companies the City has franchise agreements with “access to open trenches for deployment of their respective facilities and written notice of the date of availability of trenches. The developer shall be responsible for the digging and backfilling of all trenches. The franchising company shall be responsible for engineering and deployment of labor applicable to its facilities”. These requirements are per the City’s franchise agreements. To issue the permit, the City requires:

a. Copies of all State permits, which include the following:

(1) Land disturbance permit, MoDNR;

(2) Water line permit, MoDNR;

(3) Sewer line permit, MoDNR; and

(4) Street connection to State Highway and MODOT permits when necessary.

(5) Any other necessary permits.

b. The developer shall provide proof of insurance against all liability and name the City as an “additional insured”.

c. The developer shall provide the City with a performance and maintenance bond subject to the requirements of Subsections (7) and (8).

4. No general construction permit shall be issued by the City of Buckner unless the applicant shall pay the City Clerk a fee based upon the structure set in Schedule 2 of this Chapter.

5. Following the issuance of the permit provided for herein, construction shall not be started until:

a. The Building Official has been notified as to the time, location and scope of the construction by the developer.

b. A meeting between the developer, general contractor, subcontractors, the Mayor, City Administrator, Building Official, City Engineer and others required by the City Administrator has been held.

6. Prior to the start of soil disturbing activities, soil testing may be done, at the City’s expense, to determine a baseline for moisture and compaction. Dirt removed from trenches and roadbed surfaces that is not capable of being compacted, in accordance with the specifications set out in the Standard Specifications and Design Criteria of the American Public Works Association (APWA), shall not be used as backfill.

7. No construction shall be accomplished and the permit provided for herein shall not be issued until one (1) of the following two (2) options is selected by the developer and approved by the Board of Aldermen:

a. The developer shall provide to the City Clerk a dual obligee performance bond in an amount equal to the cost of construction and satisfactory to the City Attorney guaranteeing the complete performance of the contemplated construction for which the permit herein provided for is issued and further guaranteeing and insuring that such construction shall be accomplished in a workmanlike manner, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage. If the performance bond is obtained, the City will record the final plat within thirty (30) days of approval by the Board of Aldermen.

b. If a performance bond is not posted, then the final plat drawings shall be held at City Hall until seventy percent (70%) of the phase is completed and accepted, as per the City’s subdivision acceptance procedures in Section 405.280, and shall then be recorded at Jackson County.

8. Upon completion of construction and acceptance by the Board of Aldermen for which the permit herein provided is issued, the developer shall provide a dual obligee maintenance bond in an amount equal to the total cost of construction guaranteeing against defects in construction of storm sewers, sanitary sewers and water lines for a period of two (2) years and guaranteeing against defects in the construction of streets (includes curbs and sidewalks) for a period of two (2) years, as well as and further protecting the City of Buckner, Missouri, and insuring said City from any loss or damage. The period for the maintenance bond shall not be construed as starting until the Board of Aldermen vote to accept the subdivision or phase as being one hundred percent (100%) completed.

9. All construction work may be stopped at any time by the City Administrator, City Engineer or their agent when, in the opinion of the City Engineer or Building Official, the workmanship, materials used or procedures of work do not meet the requirements or comply with the City codes, ordinances, specifications and procedures for such work.

10. If changes have to be made that impact easements, written consent shall be obtained from the City Administrator or City Engineer. Upon their approval, the developer shall have a “mini-plat” recorded at Jackson County. A mini-plat consists of at least one (1) to three (3) representative lots, instead of all lots, with reference to all other impacted lots, showing the relevant easements.

11. All work, accomplished by means of a permit issued under this Chapter, shall be subject to final inspection for City maintenance by the City Engineer and Building Official in accordance with Section 405.280 and their recommendations shall be made to and action taken thereon by the Board of Aldermen and Mayor.

12. Any lot within the City of Buckner or any addition thereof in accordance with Sections 400.450 and 402.090 of the Buckner Municipal Code and Section 445.070, RSMo., may not be sold prior to:

a. The plat thereof being made out, which includes a title search and a professional survey conducted;

b. Acknowledgment of said plat by the Board of Aldermen; and

c. The recording of said plat at the Jackson County Recorder of Deeds.

13. Building permits for individual lots may be issued only after the following conditions are satisfied:

a. The recording of the final plat at Jackson County.

b. Acceptance by the City of the infrastructure as per subdivision acceptance procedures in Section 405.280.

14. Final approval of building permits or occupancy permits may only be issued by the Building Inspector after verifying with the Building Official that all water taps, sewer taps, driveways and sidewalks have been installed according to the City ordinances.

15. The as-built drawings for the phase shall be submitted to the City prior to the City accepting one hundred percent (100%) of the infrastructure. (Ord. No. 734 §3, 7-7-05)

SECTION 405.280: CITY ACCEPTANCE OF PRIVATE CONSTRUCTION OF PUBLIC WORKS PROJECTS

A. When the developer determines he is nearing seventy percent (70%) completion of construction, he shall request a verification of progress from the Building Official.

B. The Building Official shall request a construction status report from the City’s Construction Inspector. The City Engineer will specify the percentage of construction completion for the phase.

C. The Building Official shall make a written recommendation to the Board of Aldermen on whether the phase is ready to enter the acceptance process based upon the reports from the City Inspector and City Engineer.

D. The Board of Aldermen shall review the reports and recommendations mentioned above and determine if all requirements of the City’s ordinances have been met.

E. If the Board of Aldermen determines that there are elements of the City ordinances that have not been met or that some aspects of construction do not meet APWA code or other agreed upon specifications, they will direct the Building Official to provide a detailed report of the Board’s “Refusal to Authorize Starting the Acceptance Procedures” to the developer. The report shall specifically state what shall be corrected before the City will authorize the recording of the final plat.

F. When the Board of Aldermen determine that the final plat is ready to be recorded at Jackson County, they shall direct the City Clerk to obtain the necessary signatures on the final plat and to then record said plat at the Jackson County Recorder of Deeds.

G. If seventy percent (70%) or beyond of the infrastructure of the phase has been completed and accepted by the Board of Aldermen and the developer is agreeable to posting a dual obligee bond equal to the remaining percentage of uncompleted work, then building permits for lots may be issued provided the final plat has been duly recorded. (Ord. No. 734 §3, 7-7-05)

SECTION 405.290: MINIMUM STANDARDS FOR STREET CONSTRUCTION

Minimum standards for street construction and storm drainage for the City of Buckner are as follows:

1. Curb and gutter. All curb and gutter shall be twenty-four (24) inches wide, Portland cement concrete and constructed as specified in Section 2209 APWA Street Specifications and Standards latest edition. Integral curb and gutter shall be used in Portland cement concrete. (Section 2208 APWA Street Specifications and Standards latest edition.)

2. Base course and surface.

a. Class I Street (Arterial) shall be a minimum of forty (40) feet wide, back to back of upright curb and shall be constructed of asphaltic concrete a minimum of ten (10) inches total with an eight (8) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface. (Section 2205 APWA Street Specifications latest edition). Alternate eight (8) inches of Portland cement concrete with integral curbs. (Section 2208 APWA Street Specifications latest edition.) Minimum seventy (70) feet R/W.

b. Class II Street (Collector) shall be a minimum of thirty-six (36) feet wide, back to back of upright curb and constructed of asphaltic concrete a minimum of nine (9) inches total with a seven (7) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface. Alternate six (6) inches Portland cement concrete with integral curb and gutter. (Section 2203 APWA Street Specifications and Standards latest edition.) Minimum sixty (60) foot R/W.

c. Class III Street (Residential) shall be a minimum of twenty-eight (28) feet wide, back to back of rollback curb and constructed of asphaltic concrete a minimum of eight (8) inches total with six (6) inch compacted asphaltic concrete base and a two (2) inch compacted asphaltic concrete surface. (Section 2205 APWA Street Specifications latest edition.) Alternate six (6) inches of Portland cement concrete with integral curb and gutter. (Section 2208 APWA Street Specifications latest edition.) Minimum right-of-way of fifty (50) feet.

3. Grading and subgrade preparation.

a. Grading shall be done in accordance with Section 2102 APWA Street Specifications latest edition.

b. Subgrade preparation shall be done in accordance with Section 2200 APWA Street Specifications latest edition. (Ord. No. 734 §3, 7-7-05)

SECTION 405.300: MINIMUM STANDARDS FOR WATER LINE CONSTRUCTION

The standard specifications for the City of Buckner, Missouri, on all water lines in subdivisions shall be such specifications as set out by the Missouri Department of Natural Resources and those set in the Standard Specifications and Design Criteria of the American Public Works Association (APWA).

1. Type of material. All water mains shall be C900AWWA plastic pipe.

2. Fire hydrants. All fire hydrants shall be a WB67 Pacer brand and shall be on a six (6) inch water line three hundred fifty (350) feet apart. (Reference: MDNR Design Guides for Community Water Systems 8/29/03) All new subdivisions must provide a minimum of one (1) shut-off wrench for every three (3) hydrants (or any number under three (3)).

3. Location wire. Location wire shall be installed along all water line pipes for detection purposes. The location wire shall be No. 9 wire with a blue coating and laid ten (10) inches above the pipe on top of the aggregate embedment. In addition, the location wire shall be connected to valve boxes and existing iron piping in the same manner. Any splices to the wire shall be done with a APWA approved kit.

4. Embedment of pipe. All water lines shall be embedded in three-eighths (3/8) inch buckshot aggregate to ten (10) inches above the pipe, see APWA Section 2901 and Schedule 7 at the end of this Chapter. (Ord. No. 734 §3, 7-7-05)

SECTION 405.310: MINIMUM STANDARDS FOR SANITARY SEWER CONSTRUCTION

A. The standard specifications for the City of Buckner, Missouri, on all sanitary sewers in subdivisions shall be such specifications as set out by the Missouri Department of Natural Resources and those set in the Standard Specifications and Design Criteria of the American Public Works Association (APWA).

B. Location. No manhole shall be located in an area where a sidewalk will be constructed or in the paved area of a street.

C. Manhole Elevations. The grade shall be one-half (½) inch per foot for the first eleven (11) feet, except the sidewalk area which shall be one-fourth (¼) inch per foot to the top edge of the back of the curb.

D. Backflow Prevention Device. A backflow prevention shall be required on all new sanitary sewer connections and recommended on all old sewer connections.

E. Embedment Of Pipe. All sanitary sewer lines shall be embedded in No. 4 or No. 8 aggregate to ten (10) inches above the pipe, see APWA Section 2503.3 and Schedule 8 at the end of this Chapter. (Ord. No. 734 §3, 7-7-05)

SECTION 405.320: MINIMUM STANDARDS FOR STORM SEWER CONSTRUCTION

All design and construction of storm sewers and appurtenances shall conform to APWA Storm Sewer Specifications latest edition.

1. Reinforced concrete pipe. Reinforced concrete pipe (RCP) is required under all roadbeds.

2. High density polyethylene pipe (HDPE). HDPE pipe is allowed otherwise but only if one hundred percent (100%) construction observation is provided.

3. Catch basins. All catch basins, lids must have a galvanized or better trash guard.

4. Embedment of pipe. All storm sewer lines shall be embedded in crushed rock or pea gravel with not less than ninety-five percent (95%) passing three-quarter (¾) inch (ninety-five percent (95%) passing one (1) inch for thirty (30) inch pipe and larger) and not less than ninety-five percent (95%) retained on three-eighths (3/8) inch to be placed in not more than six (6) inch layers or lifts and compacted by slicing with a shovel or vibrating. (Ord. No. 734 §3, 7-7-05)

SECTION 405.330: STORM WATER DETENTION

Detention basins in the City shall be built according to the following guidelines:

1. The drainage swale in the middle of the basin shall have a ten (10) foot wide ribbon of concrete in a v-shape its entire length.

2. There shall be a six (6) inch deep base of one (1) inch aggregate under the concrete ribbon.

3. Toe walls shall be installed for all inflow and outflow pipes and for all restriction walls.

4. All rip-rap shall have a filter blanket under it as per Section 2605.3 D of the APWA standards.

5. Any area requiring rip-rap must be grouted in concrete as per Section 2605.2-3 of the APWA standards. (Ord. No. 734 §3, 7-7-05)

SECTION 405.340: STREETS, WATER, SANITARY SEWER AND STORM SEWER LINES TO BE EXTENDED TO ADJOINING PROPERTY LINES

All paved streets, water lines, sanitary sewer and storm sewer lines shall be extended up to the adjoining property at a location directed by the City Engineer so that when said adjoining property is subdivided, the adjoining property being subdivided can join the previously laid street, water lines, sanitary sewer and storm sewer lines with its streets, water lines, sanitary sewer and storm sewer lines. (Ord. No. 734 §3, 7-7-05)

ARTICLE VI. EROSION AND SEDIMENT CONTROL AND GRADING

SECTION 405.350: EROSION AND SEDIMENT CONTROL AND GRADING INTRODUCTION AND PURPOSE

A. Soil is most vulnerable to erosion by wind and water during the construction process. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. Clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and a healthy living environment for the citizens of Buckner.

B. The purpose of this local regulation is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by effectively minimizing soil erosion and sedimentation during land development, building, landscaping or any other type of land disturbance in the City of Buckner. Further, it provides builders, developers and property owners with soil erosion and sedimentation control standards and regulations.

C. Facilitation of the regulations and standards contained herein shall accomplish the following:

1. Establish standards for soil erosion and sediment control.

2. Minimize soil erosion and sedimentation during land development, building, landscaping or other land-disturbing activities.

3. Minimize pollution of streams, ponds and lakes.

4. Encourage management of natural resources.

5. Preserve the beauty of the community and the value of land.

6. Reduce maintenance costs of public and private improvements and services.

7. Promote and protect the public’s health, safety, comfort and welfare. (Ord. No. 734 §3, 7-7-05)

SECTION 405.360: DEFINITIONS

As used in this Chapter, the following terms shall have these prescribed meanings:

APPLICANT: Any person requesting approval of any application pursuant to this Chapter and the Erosion and Sediment Control Manual.

APWA: American Public Works Association.

APWA EROSION AND SEDIMENT CONTROL SPECIFICATIONS AND DESIGN CRITERIA: Sections 2100, 2150, 3100 and 5100 of the Kansas City Metropolitan Chapter of the APWA Standards, Specifications and Design Criteria manual, latest edition.

CLEARING: Any activity which removes the vegetative surface cover.

DRAINAGE WAY: Any channel that conveys surface runoff throughout the site.

EROSION: The wearing away of the land surface by the action of wind, water or gravity.

EROSION AND SEDIMENT CONTROL PERMIT: A permit issued by the City of Buckner for the construction or alteration of ground, including improvements and structures for the control of erosion, runoff and grading.

EROSION AND SEDIMENT CONTROL PLAN: A set of plans prepared by or under the direction of a licensed professional engineer or a certified professional in erosion and sediment control indicating the specific measures and sequencing to be used controlling sediment and erosion on a development site before, during and after construction.

EROSION CONTROL: Measures that prevent erosion.

GRADING: Excavation or fill of material, including the resulting conditions thereof.

PERMANENT VEGETATION: Grass, sod or ground cover sufficient to prevent erosion.

PHASING: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next.

SEDIMENT: Solid material moved by erosion and deposited away from its point of origin.

SEDIMENT CONTROL: Measures that prevent eroded sediment from leaving the site.

SITE: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

SITE DEVELOPMENT: Altering terrain, vegetation and/or constructing improvements.

SITE DEVELOPMENT PERMIT: A permit issued by the municipality for the construction or alteration of ground, including improvements and structures for the control of erosion, runoff and grading.

STABILIZATION: The use of practices that prevent exposed soil from eroding.

START OF CONSTRUCTION: The first (1st) land-disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages.

STREAMBANK: The top of the natural incline bordering a stream.

STRIPPING: Any activity by which the vegetative cover is removed or significantly disturbed, including tree removal, clearing, grubbing and storage or removal of topsoil.

VEGETATIVE COVER: Any grasses, shrubs, trees and other vegetation that protects and stabilizes soils.

WATERCOURSE: Any body of water including, but not limited to, lakes, ponds, rivers, streams and bodies of water which are delineated by the City of Buckner.

WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm drain. (Ord. No. 734 §3, 7-7-05)

SECTION 405.370: NATURAL FEATURES

The City shall require preservation of natural features which add value to the proposed subdivision and to the community at large, such as large trees or groves of trees, watercourses, historic features, wildlife habitats and environmental areas and similar irreplaceable community assets. The location, nature and extent of such features shall be identified in the initial procedures and preliminary plat stages and shall be made a part of the subsequent plats to the greatest possible extent. The preservation or inclusion of such features shall be made a condition of approval of the final plat. Adequate access to such areas shall be provided in all adjacent platting. (Ord. No. 734 §3, 7-7-05)

SECTION 405.380: PERMITS

A. No person, firm or corporation may develop, landscape or disturb land without the issuance of a site development permit by the Building Official and the approval of an erosion and sediment control plan by the City Engineer.

B. No site development permit is required for the following activities:

1. Any land-disturbance activity that:

a. Involves less than one hundred (100) cubic yards of earth movement; or

b. Disturbs less than five thousand (5,000) square feet of surface area.

2. Existing nursery and agricultural operations conducted as a permitted main or accessory use;

3. Landscaping or home gardening;

4. Re-establishment of lawn areas; or

5. Any emergency activity that is immediately necessary for the protection of life, property or natural resources.

C. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee. The amount of the fee shall be established by the Governing Body by resolution or ordinance.

D. The issuance of a permit shall constitute authorization to do only that work described or shown on the approved plan. Each application shall include a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the erosion and sediment control plan.

E. The permit shall be valid from the time that it is issued until a final certificate of occupancy or completion certificate has been issued. A final certificate of occupancy or a completion certificate will not be issued until the site is stabilized and erosion and sediment control measures are no longer necessary. The site will be considered stabilized when perennial vegetation, pavement, buildings or structures using permanent materials cover all areas that have been disturbed.

F. Occupancy permits will not be issued until final grading has been completed and lots have been seeded and mulched or sodded. When conditions prevent ground cover from being established, an occupancy permit may be issued by submitting an escrow deposit sufficient to guarantee completion.

G. If the permittee sells the property before the expiration of the permit, the permit may be assigned to the new owner of the site if the assignment is approved in writing by the Building Official, provided that the permittee shall remain responsible for compliance with the permit until a final certificate of occupancy is issued or a completion certificate is issued.

H. If the permittee sells any portion of the property before the expiration of the permit, the permittee will remain responsible for that portion of the property until the new owners of the property, with respect to property covered by a permit, make all submissions required to obtain a new site development permit

I. The applicant will be required to file with the City of Buckner a faithful performance bond or bonds, letter of credit in an amount deemed sufficient by the City Administrator to cover all costs of improvements, landscaping and maintenance of improvements for such period as specified by the City of Buckner and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

J. Review And Approval.

1. The City Engineer will review each application for a site development permit to determine its conformance with the provisions of this local regulation. Within thirty (30) days after receiving an application, the City Engineer shall, in writing:

a. Approve the permit application;

b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and issue the permit subject to these conditions; or

c. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

2. Failure of the City Engineer to act on original or revised applications within thirty (30) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City Engineer. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City Engineer.

K. Permit Fee. The Building Official shall charge a filing fee of one hundred dollars ($100.00) to be paid to the office of the City Clerk. (Ord. No. 734 §3, 7-7-05)

SECTION 405.390: EROSION AND SEDIMENT CONTROL PLAN

A. The erosion and sedimentation control plan must be prepared and certified by a professional engineer or a certified professional in erosion and sediment control on behalf of the developer and must outline the measures he/she will take to ensure soil and sediment is contained on the development site.

B. The erosion and sediment control plan shall include:

1. The property owner’s name, address and telephone number.

2. A natural resources map, at a scale no smaller than one (1) inch equals one hundred (100) feet, identifying the location; soils; forest cover; the surrounding area’s watercourses, water bodies and other significant geographic and natural features; and resources protected under other Chapters of this Code.

3. A one (1) inch equals fifty (50) feet scale map of the site showing proposed excavation, grading or filling.

4. Existing and proposed contours at two (2) foot intervals on U.S.G.S. datum, clearing limits and delineation of 100-year flood plain and floodway.

5. A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; final grading and landscaping; and removal of temporary erosion control devices. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary erosion and sediment measures, installation of storm drainage, paving of streets and parking areas and establishment of permanent vegetation.

6. All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and permanently after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

7. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulching for both temporary and permanent vegetative control measures.

8. Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

9. Location of proposed and existing utility lines.

10. Details of temporary drainage system to direct stormwater runoff from graded portions of the site and details of the permanent drainage plan.

11. Temporary access routes.

12. Any additional items indicated in the APWA Erosion and Sediment Control Specifications and Design Criteria.

13. The signature and seal of a professional engineer or a certified professional in erosion and sediment control.

C. Additional information or data may be required as deemed appropriate by the City Engineer. Requirements for maps, plans, reports or drawing may be waived if the City Engineer finds that the otherwise submitted information is sufficient to show that the proposed work will conform to the erosion and sediment control requirements.

D. Additional erosion and sedimentation control measures may be imposed by the City Engineer.

E. Modifications To The Plan.

1. Major amendments of the erosion and sediment control plan shall be submitted to the City Engineer and shall be processed and approved or disapproved in the same manner as the original plans.

2. Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permittee. (Ord. No. 734 §3, 7-7-05)

SECTION 405.400: DESIGN REQUIREMENTS

A. Grading, erosion control practices, sediment control practices, waterway crossings and construction site access shall meet the design criteria set forth in the most recent version of the AP WA Erosion and Sediment Control Specifications and Design Criteria and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer.

B. Clearing And Grading.

1. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other Chapters of this Code.

2. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established in the erosion and sediment control plan.

3. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

C. Erosion Control.

1. Graded areas must be revegetated immediately.

2. Where natural vegetation is removed during grading, revegetation of the site shall be initiated immediately following the initiation of grading work. Vegetation in sufficient density to provide effective erosion control must be re-established within thirty (30) days following completion of grading work.

3. If vegetative erosion control methods, such as seeding, have not become established within two (2) weeks, the City Engineer may require that the site be reseeded or that a non-vegetative option be employed.

D. Sediment Controls. Erosion and sediment control measures shall be initiated prior to any land disturbance and shall be maintained until vegetative cover is established at a sufficient density to provide erosion control on the site.

E. Waterways And Watercourses.

1. Buildings, decks, patios, parking lots and other improvements shall be set back a minimum of fifty (50) feet from the top of existing stream banks.

2. When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided and an approval obtained from the City Engineer. (Ord. No. 734 §3, 7-7-05)

SECTION 405.410: MUD, MATERIAL OR DEBRIS ON CITY STREETS

A. No activities are permitted that cause mud, soil, earth, sand, gravel, rock, stone, concrete, building materials or other materials to be deposited on public streets. Trucks and other construction equipment should be cleaned on site to prevent mud from being deposited on public streets. Other measures may be required at the discretion of the Building Official in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

B. If mud, material or debris is deposited on a public or private street, the responsible party shall abate the violation immediately.

C. If the violation is not abated within four (4) hours, a stop work order shall be posted and the City will cause the violation to be abated at property owner’s expense. The City may also initiate legal action in Municipal Court. (Ord. No. 734 §3, 7-7-05)

SECTION 405.420: INSPECTION

A. By submitting a development plan or applying for a building permit, the applicant consents to inspections of the proposed development site and all work in progress. The Building Official or his/her designated representative shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed.

B. A copy of the permit must be available on the site for inspection by authorized representatives of the City of Buckner.

C. The Building Official or his/her designated representative shall make inspection at its discretion and shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the stamp of approval of the Building Official or his/her designated representative shall be maintained at the site during the progress of the work. In order to obtain inspections, the permittee shall notify the Building Official or his/her designated representative at least two (2) working days before the following:

1. Start of construction.

2. Erosion and sediment control measures are in place and stabilized.

3. Site clearing has been completed.

4. Rough grading has been completed.

5. Final grading has been completed.

6. Close of the construction season.

7. Removal or substantial modification of any erosion and sediment control measure or practice.

8. Final landscaping.

D. The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the Building Official or his/her designated representative at the time interval specified in the approved permit.

E. In the event work does not conform to the permit or conditions of approval or to the approved plan or to any instructions of the City of Buckner, notice to comply shall be given to the permittee. After a notice to comply is given, the permittee or the permittee’s contractor(s) shall be required to make the corrections within the time period determined by the City of Buckner. If an imminent hazard exists, the City of Buckner shall require that the corrective work begin immediately. (Ord. No. 734 §3, 7-7-05)

SECTION 405.430: ENFORCEMENT AND PENALTIES

Stop Work Order–Revocation of Permit.

1. In the event that any person holding a site development permit pursuant to this Chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Building Official or his/her designated representative may suspend or revoke the site development permit and issue a stop work order.

2. For the purposes of this Section, a stop work order is validly posted by posting a copy of the stop work order on the site of the land-disturbance activity in reasonable proximity to a location where the land-disturbance activity is taking place. A copy of the order, in the case of work for which there is a permit, shall be mailed by first class mail, postage prepaid, to the address listed by the permittee on the permit. In the case of work for which there is no permit, a copy of the order shall be mailed to the person listed as the owner of the property on records filed with the Jackson County Assessor’s office.

3. No person is permitted to continue or permit the continuance of work in an area covered by a stop work order, except work required to correct deficiencies with respect to an erosion or sediment control measure.

4. Ten (10) working days after posting a stop work order, the Building Official or his/her designated representative, if the conditions specified in the stop work order to resume work have not been satisfied, may issue a notice to the permittee, owner or land user of the City of Buckner’s intent to perform work necessary to comply with this regulation. The City of Buckner may go on the land and commence work after fourteen (14) working days from issuing the notice of intent. The costs incurred by the City of Buckner to perform this work shall be paid by the owner or permittee. (Ord. No. 734 §3, 7-7-05)

SECTION 405.440: SOIL EROSION, YARDS TO BE SODDED OR SEEDED

During the construction of infrastructure the developer shall insure that soil does not erode into City drains or onto any other property; this restriction shall include development areas that are not in the current phase of construction but where the vegetation and soil have been disturbed; in general, developers shall take all steps necessary to prevent soil erosion from any part of their property where the original site vegetation has been removed or soil-disturbing activities have taken place. All new houses built in subdivisions of Buckner, Missouri, shall have the topsoil of their respective yards redistributed and sodded or seeded and the builder and/or homeowner shall take steps necessary to prevent soil erosion from lots on which they are building or living in a finished structure. (Ord. No. 734 §3, 7-7-05)

ARTICLE VII. PENALTY

SECTION 405.450: PENALTY

A. Any person, whether owner, representative, contractor, subcontractor or foreman, who shall grade, construct, repair, reconstruct or alter any public street, pavement, curb, gutter, driveway, sidewalk, water line or sewer within any public way or any public sewer adjacent to or running through any private property within a public right-of-way, without first securing a special permit therefor issued by the Public Works Superintendent, upon conviction thereof, shall be fined in a sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

B. For every day after the conviction of any person for the violation, failures, neglect or refusal to comply with any provision, regulation or requirement of this Section, that such violation is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense for which he/she may be again arrested and tried and, upon conviction, punished as in the first (1st) offense. (Ord. No. 734 §3, 7-7-05)

SCHEDULE 1. SCHEDULE OF CONSTRUCTION REQUIREMENTS

FOR SUBDIVISIONS IN BUCKNER, MISSOURI

A. City Approval Stages.

1. Pre-application review. Planning and Zoning Commission and Board of Aldermen (Section 405.270(1)).

a. Introduction of project; may be pencil drawing.

2. Application to request an amendment to the City plan. City Engineer, Planning and Zoning Commission, and Board of Aldermen (Section 405.270(1) and Section 400.450 and Schedule 1 to Chapter 400).

a. To be submitted prior to the preliminary (conceptual) plat.

3. Preliminary (conceptual) plat approval. City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1)).

4. Approval of design per phase. City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1)).

a. Approval of the final phase design is required for each phase.

(1) Final engineering (construction) drawing approval. City Engineer.

b. Final plat approval. City Engineer, Planning and Zoning Commission and Board of Aldermen (Section 405.270(1, 7)).

(1) To be done at approximately the same time as approval of final engineering (construction) drawings.

c. General construction permit per phase. Public Works Superintendent.

(1) City to have copies of all State permits (as required by Section 405.270(3)(a)).

(2) Permit issued for each phase of the development.

5. Final inspection and acceptance of infrastructure per phase. City Engineer (Section 405.280).

a. An inspection is required for each phase.

6. Building permits issued for individual lots. City Building Inspector (Section 405.270(13) and Chapter 500).

a. No construction shall be started until the provisions of Section 405.270(1, 2, 3, 4, 5, 6 and 7) are met.

b. Building permits for houses on lots will be obtained by the builder or his/her representative from the City of Buckner’s Building Inspector: The Fort Osage Fire Protection District.

B. Developer To Obtain.

1. Permits from the State.

Type Issuing Agency

Land disturbance permit MoDNR

Water line permit MoDNR

Sewer line permit MoDNR

Street connection to State Hwy. MoDOT

2. General construction permit.

a. The developer shall obtain a general construction permit from the office of the City Clerk to cover “construction of public works projects including, but not limited to, streets, sidewalks, drainage systems, sewers or thoroughfares to be dedicated to and maintained by the City of Buckner” as specified in Section 405.270 (1, 2, 3 and 4).

b. An additional condition of issuing the permit shall be that the developer agrees to give companies the City has franchise agreements with “access to open trenches” as specified in Section 405.270(3).

c. The general construction permit includes all inspections, to include the final, associated with the work of the general contractor and subcontractors involved in building the infrastructure of the subdivision. The fee for such permit is to cover the costs associated with the City’s review, observation and inspection and shall be based upon the structure set in Schedule 2 of this Chapter.

3. Bonding requirements. The developer shall obtain bonding in accordance with the provisions of Section 405.270(7). The City shall only deal with the developer on bonding issues.

4. Occupational license. The developer shall require all general contractors to obtain an occupational license from the City of Buckner.

C. General Contractor To Obtain.

1. The general contractor shall obtain an occupational license for the City of Buckner and shall require all subcontractors to obtain the same.

2. General infrastructure permits and inspections are covered under the general construction permit obtained by the developer. (Ord. No. 734 §3, 7-7-05)

SCHEDULE 2. SCHEDULE OF CONSTRUCTION PERMIT AND SIGN COSTS

FOR SUBDIVISIONS IN BUCKNER, MISSOURI

Construction Type Cost Per LF Percentage

Roadway (min. City specifications) $70.00 5%

Sanitary sewer

8 inch 20.00 4%

10 inch 22.00 4%

12 inch 24.00 4%

Storm sewer (includes HDPE pipe)

12 inch 15.00 4%

15 inch 20.00 4%

18 inch 22.00 4%

24 inch 26.00 4%

30 inch 30.00 4%

36 inch 36.00 4%

42 inch 42.00 4%

Water lines

6 inch 12.00 4%

8 inch 15.00 4%

12 inch 22.00 4%

Sign installation (regulatory signs)

Price Size

Stop sign 50.14 30″ x 30″

Yield sign 27.04 30″ x 30″ x 30″

Speed limit sign 40.53 24″ x 30″

Street name signs

Number of letters (exc. prefix and suffix)

Price Size

5 34.20 6″ x 22″

6 36.94 6″ x 24″

7 41.60 6″ x 28″

8 44.34 6″ x 30″

10 51.74 6″ x 36″

12 59.14 6″ x 42″

* Posts installed include mounting hardware, concrete and labor. Price: $31.96/post.

* Street name signs. Price includes: Aluminum blank, green high intensity sheeting and either a post cap or cross mounting bracket.

* Example #1. North Osage and Jefferson

1 STOP @ $50.14 + 1 Osage (5) @ $34.20 + 1 Jefferson (9) @ $51.74 + 1 post @ $31.96 = Total $168.04.

* Example #2. 1 speed limit @ $40.53 + 1 post @ $31.96 = Total $72.49

(Ord. No. 734 §3, 7-7-05)

SCHEDULE 3. STREET PATCH DETAILS

SCHEDULE 4. SIDEWALK DETAILS

SCHEDULE 5. HANDICAP SIDEWALK RAMP DETAILS

SCHEDULE 6. DETECTABLE WARNING PAVER DETAILS

SCHEDULE 7. WATER PIPE DETAILS

SCHEDULE 8. SANITARY PIPE DETAILS

CHAPTER 410: TRAILER PARKS, TRAILER COURTS, MANUFACTURED AND MODULAR HOMES

SECTION 410.010: LIMITED

No additional trailer parks or trailer courts shall be allowed to operate, locate or expand within the City limits of Buckner, Missouri, until such time as the population reaches five thousand (5,000). A trailer court or trailer park shall be construed to be a place where any person owning a living accommodation is allowed to park or locate the living accommodation that originally was designed to be movable on wheels whether the same actually has wheels when the same is placed on any lot, trailer park or trailer court. (CC 1979 §48.010; Ord. No. 715 §1, 7-1-04)

SECTION 410.020: REGULATIONS FOR MANUFACTURED AND MODULAR HOMES

The purpose of this Section is to set forth standards for the placement, construction and architectural appearance of manufactured and modular homes within the City. The intent of this Section is to ensure that manufactured and modular homes are compatible with other dwellings in residential neighborhoods and meet a minimum construction, placement and architectural standard while providing an alternative means of affordable home ownership for the residents of the community. (Ord. No. 715 §1, 7-1-04)

SECTION 410.030: DEFINITIONS

As used in this Chapter, the following terms shall have these prescribed meanings:

MANUFACTURED HOMES: Single-family dwelling built entirely in the factory under a Federal building code administered by the U.S. Department of Housing and Urban Development (HUD). Manufactured dwellings may be single or multi-section and are transported to the site and installed. The Federal standards regulate manufactured housing design and construction, strength and durability, transportability, fire resistance, energy efficiency and quality. The HUD Code also sets performance standards for the heating, plumbing, air conditioning, thermal and electrical systems. It is the only Federally regulated national building code.

MODULAR HOMES: A single-family dwelling purchased in two (2) or more sections which is transported to the building site and placed upon a permanent foundation. A modular home must conform to the Missouri standards set forth in 4 CSF 24-123.080 of the Missouri Code of State Regulations. (Ord. No. 715 §1, 7-1-04)

SECTION 410.040: OCCUPANCY RESTRICTIONS

A. Manufactured and modular homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.

B. Manufactured and modular homes shall be subject to the same zoning standards as site- built homes and all Buckner residential codes and must meet UBC or have HUD engineer seal.

C. Manufactured and modular homes shall be subject to the deed restrictions of subdivisions and may thereby be prohibited. (Ord. No. 715 §1, 7-1-04)

SECTION 410.050: SITING REQUIREMENTS

Each manufactured or modular home placed on an individual lot shall meet the following requirements:

1. Be occupied as a single-family dwelling and be permitted in the same districts as single-family dwellings, unless the manufactured or modular home is intended for a different purpose, in such a case the structure shall be evaluated for its intended purpose.

2. Have a minimum width of not less than twenty-two (22) feet as measured at all points perpendicular to the length of the manufactured home. This standard is intended to restrict units to this type which are brought to the site in parts, typically two (2) halves.

3. The deed restrictions shall take precedence over this Section.

4. Accessory structures shall be placed in conformance with the setback and dimensional requirements established for the district in which located.

5. Is placed in conformance with all zoning and setback requirements established for the district in which located.

6. Roof must be gable or hip roof at least three (3) in twelve (12) or greater in pitch and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass or metal roofs. All roof structures shall provide an eave projection of no less than six (6) inches.

7. Have the main entry door facing the street on which the manufactured home is located. The unit must be oriented on the lot so that its front entry is parallel with the street.

8. Have exterior surface and window treatments that to the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth and ribbed or corrugated metal.

9. Be placed on a parcel according to a presubmitted and approved plot plan as described on the permit. In addition, an illustration of the finished appearance of the unit shall be provided.

10. Units shall be attached to a permanent footing and foundation which manner of placement shall be as stated in the Building Code of the City of Buckner and meet all manufacturer’s specifications for support.

a. Pier pads are not permitted around the perimeter of the foundation.

b. All footings shall have reinforced steel, as dictated by appropriate Building Code.

c. Anchors shall be imbedded in the footing or foundation to HUD, PSC or the City Code as per the following: foundation plates or sills shall be bolted to the foundation or foundation wall with not less than one-half (½) inch nominal diameter steel bolts embedded at least seven (7) inches into the concrete or masonry and spaced not more than six (6) feet apart. There shall be a minimum of two (2) bolts per sill plate with one (1) bolt located within twelve (12) inches of each end of each piece. A properly sized nut and washer shall be tightened on each bolt to the plate.

11. Have the tongue and running gear including axles removed.

12. Maintain a minimum of eighteen (18) inches of crawl space under the entire manufactured or modular home. All facades and foundations shall have permanently installed venting in accordance with the current City of Buckner Building Code. Deletions or omissions of vents are not allowed and homes will not be approved for occupancy without venting.

13. Have permanent steps at all exits. All means of egress shall be built to existing code.

14. Be served by a water supply and sewage disposal system meeting the established City Code.

15. Underground public utilities shall be required where available. All utility attachment shall be completed per Building Code.

16. Property owner shall declare the manufactured home as real property and must so record with the Jackson County Assessor. (Ord. No. 715 §1, 7-1-04)

CHAPTER 415: FLOOD DAMAGE PREVENTION

Editor’s Note–Ord. no. 659 §1, adopted April 4, 2002, superseded chapter 415, enacting new provisions herein; former chapter 415 derived from ord. no. 461 §49.101, articles I–VII, 3-3-88; ord. no. 634, 2-1-01.

ARTICLE I. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSES

SECTION 415.010: STATUTORY AUTHORIZATION

The legislature of the State of Missouri has, in Section 89.020, RSMo., delegated the responsibility to local governmental units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Buckner, Missouri, ordains as follows. (Ord. No. 659 §1, 4-4-02)

SECTION 415.020: FINDINGS OF FACT

A. Flood Losses Resulting from Periodic Inundation. The special flood hazard areas of Buckner, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

B. General Causes of the Flood Losses. These flood losses are caused by:

1. The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and

2. The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated or otherwise unprotected from flood damages.

C. Methods Used to Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Chapter uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.

1. Selection of regulatory flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The regulatory flood which are reasonably characteristic of what can be expected to occur on the particular streams subject to this Chapter. It is in the general order of a flood which could be expected to have a one percent (1%) chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator’s Flood Insurance Study and illustrative materials for Jackson County, Missouri, dated September 29, 2006, as amended, and any future revisions thereto.

2. Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

3. Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

4. Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.

5. Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood. (Ord. No. 659 §1, 4-4-02; Ord. No. 749 §1, 8-3-06)

SECTION 415.030: STATEMENT OF PURPOSE

It is the purpose of this Chapter to promote the public health, safety and general welfare; to minimize those losses described in Article I, Section 415.020(A); to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Chapter to:

1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;

2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and

3. Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard. (Ord. No. 659 §1, 4-4-02)

ARTICLE II. GENERAL PROVISIONS

SECTION 415.040: LANDS TO WHICH CHAPTER APPLIES

This Chapter shall apply to all lands within the jurisdiction of the City of Buckner identified as numbered and unnumbered A Zones and AE, AO and AH Zones on the Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) Jackson County Panels 290950089F, 29095C0093F and 29095C00202F dated September 29, 2006, as amended, and any future revisions thereto. In all areas covered by this Chapter, no development shall be permitted except through the issuance of a flood plain development permit granted by the Board of Aldermen or the duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and as specifically noted in Article IV. (Ord. No. 659 §1, 4-4-02; Ord. No. 749 §1, 8-3-06)

SECTION 415.050: FLOODPLAIN ADMINISTRATOR/MANAGER

The Planning and Zoning Commission Chairman is hereby designated as the Floodplain Administrator/Manager and will implement the provisions of this Chapter. (Ord. No. 659 §1, 4-4-02)

SECTION 415.060: COMPLIANCE

No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Chapter and other applicable regulations. (Ord. No. 659 §1, 4-4-02)

SECTION 415.070: ABROGATION AND GREATER RESTRICTIONS

It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only. (Ord. No. 659 §1, 4-4-02)

SECTION 415.080: INTERPRETATION

In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (Ord. No. 659 §1, 4-4-02)

SECTION 415.090: WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create a liability on the part of the City of Buckner, any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder. (Ord. No. 659 §1, 4-4-02)

SECTION 415.100: SEVERABILITY

If any Section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Chapter shall not be affected thereby. (Ord. No. 659 §1, 4-4-02)

ARTICLE III. ADMINISTRATION

SECTION 415.110: FLOODPLAIN DEVELOPMENT PERMIT (REQUIRED)

A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Article II, Section 415.040. No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development. (Ord. No. 659 §1, 4-4-02)

SECTION 415.120: RESERVED

SECTION 415.130: DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the Planning and Zoning Commission Chairman shall include, but not be limited to:

1. Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Chapter have been satisfied;

2. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;

3. Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;

4. Issue floodplain development permits for all approved applications;

5. Notify adjacent communities and the State Emergency Management Agency (SEMA) prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);

6. Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished; and

7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;

8. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed;

9. When floodproofing techniques are utilized for a particular non-residential structure, the Planning and Zoning Commission Chairman shall require certification from a registered professional engineer or architect in accordance with the City Building Code. (Ord. No. 659 §1, 4-4-02)

SECTION 415.140: APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:

1. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed structure or work;

2. Identify and describe the work to be covered by the floodplain development permit;

3. Indicate the use or occupancy for which the proposed work is intended;

4. Indicate the assessed value of the structure and the fair market value of the improvement;

5. Specify whether development is located in designated flood fringe or floodway;

6. Identify the existing base flood elevation and the elevation of the proposed development;

7. Give such other information as reasonably may be required by the Floodplain Administrator;

8. Be accompanied by plans and specifications for proposed construction; and

9. Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority. (Ord. No. 659 §1, 4-4-02)

ARTICLE IV. PROVISIONS FOR FLOOD HAZARD REDUCTION

SECTION 415.150: GENERAL STANDARDS

A. No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this Section are satisfied.

B. All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Chapter. If Flood Insurance Study data is not available, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

C. Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zones or AE Zones on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

D. All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require:

1. Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

2. Construction with materials resistant to flood damage;

3. Utilization of methods and practices that minimize flood damages;

4. All electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;

5. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and

6. Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

a. All such proposals are consistent with the need to minimize flood damage;

b. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;

c. Adequate drainage is provided so as to reduce exposure to flood hazards; and

d. All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.

E. Storage, Material and Equipment.

1. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

2. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

F. Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than four hundred (400) square feet may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single wall design; a variance has been granted from the standard floodplain management requirements of this Chapter; and a floodplain development permit has been issued. (Ord. No. 659 §1, 4-4-02)

SECTION 415.160: SPECIFIC STANDARDS

In all areas identified as numbered and unnumbered A Zones and AE Zones where base flood elevation data have been provided, as set forth in Article IV, Section 415.150(B), the following provisions are required:

1. Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above base flood elevation.

2. Non-residential construction. New construction or substantial improvement of any commercial, industrial or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Article III, Section 415.130(9).

3. Require, for all new construction and substantial improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and

b. The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (Ord. No. 659 §1, 4-4-02)

SECTION 415.170: MANUFACTURED HOMES

A. All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the community’s FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

B. Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the community’s FIRM on sites:

1. Outside of manufactured home park or subdivision;

2. In a new manufactured home park or subdivision;

3. In an expansion to an existing manufactured home park or subdivision; or

4. In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

C. Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the community’s FIRM, that are not subject to the provisions of Article IV, Section 415.170(B) of this Chapter, be elevated so that either:

1. The lowest floor of the manufactured home is at one (1) foot above the base flood level; or

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Ord. No. 659 §1, 4-4-02)

SECTION 415.180: RESERVED

SECTION 415.190: FLOODWAY

Located within areas of special flood hazard established in Article II, Section 415.040 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

1. The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.

2. The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

3. If Article IV, Section 415.150 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article IV.

4. In unnumbered A Zones, the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Article IV, Section 415.150(B). (Ord. No. 659 §1, 4-4-02)

SECTION 415.200: RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the community’s FIRM either:

1. Be on the site for fewer than one hundred eighty (180) consecutive days, or

2. Be fully licensed and ready for highway use*; or

3. Meet the permitting, elevation and the anchoring requirements for manufactured homes of this Chapter.

* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (Ord. No. 659 §1, 4-4-02)

ARTICLE V. FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

SECTION 415.210: ESTABLISHMENT OF APPEAL BOARD

The Board of Zoning Adjustment as established by the Board of Aldermen shall hear and decide appeals and requests for variances from the floodplain management requirements of this Chapter. (Ord. No. 659 §1, 4-4-02)

SECTION 415.220: RESPONSIBILITY OF APPEAL BOARD

Where an application for a floodplain development permit is denied by the Planning and Zoning Commission, the applicant may apply for such floodplain development permit directly to the Appeal Board, as defined in Article V, Section 415.210 and Section 400.400(B) of the Buckner Municipal Code. The Board of Zoning Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Planning and Zoning Commission in the enforcement or administration of this Chapter. (Ord. No. 659 §1, 4-4-02)

SECTION 415.230: FURTHER APPEALS

Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal such decision to the Circuit Court as provided by in Section 89.110, RSMo. (Ord. No. 659 §1, 4-4-02)

SECTION 415.240: FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the Board of Zoning Adjustment shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Chapter and the following criteria:

1. The danger to life and property due to flood damage;

2. The danger that materials may be swept onto other lands to the injury of others;

3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

4. The importance of the services provided by the proposed facility to the community;

5. The necessity to the facility of a waterfront location, where applicable;

6. The availability of alternative locations, not subject to flood damage, for the proposed use;

7. The compatibility of the proposed use with existing and anticipated development;

8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

9. The safety of access to the property in times of flood for ordinary and emergency vehicles;

10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and

11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems; streets; and bridges. (Ord. No. 659 §1, 4-4-02)

SECTION 415.250: CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES

A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections (B) through (F) below have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases.

B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State inventory of historic places or local inventory of historic places upon determination provided the proposed activity will not preclude the structure’s continued historic designation.

C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

E. Variances shall only be issued upon:

1. A showing of good and sufficient cause,

2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and

3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

F. A community shall notify the applicant in writing over the signature of a community official that:

1. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

2. Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions as required by this Chapter. (Ord. No. 659 §1, 4-4-02)

SECTION 415.260: CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES

A. Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building’s unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Article V, Sections 415.240 and 415.250 of this Chapter.

B. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.

1. Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community’s Flood Insurance Rate Map (FIRM).

2. For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Article IV, Section 415.150(D)(2) of this Chapter.

3. The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Article IV, Section 415.150(D)(1) of this Chapter. All of the building’s structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy and hydrodynamic and debris impact forces.

4. Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Article IV, Section 415.150(D)(4) of this Chapter.

5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Article IV, Section 415.160(3) of this Chapter.

6. The accessory structures must comply with the floodplain management floodway encroachment provisions of Article IV, Section 415.150 of this Chapter. No variances may be issued for accessory structures within any designated floodway, if any increase in flood levels would result during the 100-year flood.

7. Equipment, machinery or other contents must be protected from any flood damage.

8. No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.

9. A community shall notify the applicant in writing over the signature of a community official that:

a. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

b. Such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions as required by this Chapter.

10. Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction. (Ord. No. 659 §1, 4-4-02)

SECTION 415.270: PENALTIES FOR VIOLATION

Violation of the provisions of this Chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) and, in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Board of Aldermen of the City of Buckner or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 659 §1, 4-4-02)

SECTION 415.280: AMENDMENTS

The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Buckner, Missouri. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Chapter are in compliance with the National Flood Insurance Program (NFIP) regulations. (Ord. No. 659 §1, 4-4-02)

SECTION 415.290: DEFINITIONS

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this Chapter its most reasonable application.

100-YEAR FLOOD: See “BASE FLOOD”.

ACCESSORY STRUCTURE: The same as “APPURTENANT STRUCTURE”.

ACTUARIAL RATES: See “RISK PREMIUM RATES”.

ADMINISTRATOR: The Federal Insurance Administrator.

AGENCY: The Federal Emergency Management Agency (FEMA).

APPEAL: A request for review of the Floodplain Administrator’s interpretation of any provision of this Chapter or a request for a variance.

APPURTENANT STRUCTURE: A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASEMENT: Any area of the structure having its floor subgrade (below ground level) on all sides.

BUILDING: See “STRUCTURE”.

CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL: The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.

COMMUNITY: Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

DEVELOPMENT: Any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

ELEVATED BUILDING: For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY: A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures”.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland; and/or

2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY: An examination, evaluation and determination of flood hazards.

FLOOD FRINGE: The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD BOUNDARY MAP (FHBM): An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOODPLAIN OR FLOOD-PRONE AREA: Any land area susceptible to being inundated by water from any source (see “FLOODING”).

FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS: Zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of Police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY OR REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

FLOODWAY ENCROACHMENT LINES: The lines marking the limits of floodways on Federal, State and local floodplain maps.

FREEBOARD: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE: Any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved State program as determined by the Secretary of the Interior; or

b. Directly by the Secretary of the Interior in States without approved programs.

LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.

MANUFACTURED HOME: A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARKET VALUE OR FAIR MARKET VALUE: An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MEAN SEA LEVEL: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced.

NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

(NFIP): The National Flood Insurance Program (NFIP).

PARTICIPATING COMMUNITY: Also known as an “eligible community”, means a community in which the Administrator has authorized the sale of flood insurance.

PERSON: Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.

PRINCIPALLY ABOVE GROUND: That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

RECREATIONAL VEHICLE: A vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projections;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REMEDY A VIOLATION: To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.

RISK PREMIUM RATES: Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. “Risk premium rates” include provisions for operating costs and allowances.

SPECIAL FLOOD HAZARD AREA: See “AREA OF SPECIAL FLOOD HAZARD”.

SPECIAL HAZARD AREA: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

START OF CONSTRUCTION: Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvements were within one hundred eighty (180) days of the permit date. The “actual start” means either the first (1st) placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first (1st) alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE COORDINATING AGENCY: That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.

STRUCTURE: For floodplain management purposes, a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Structure”, for insurance purposes, means a walled and roofed building other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not however, include either:

1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications that have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or

2. Any alteration of a “historic structure”, provided that the alteration will not preclude the structure’s continued designation as a “historic structure”.

VARIANCE: A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

VIOLATION: The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION: The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain. (Ord. No. 659 §1, 4-4-02)

CHAPTER 420: SIGN REGULATIONS

SECTION 420.010: PURPOSE AND SCOPE

The purpose of this Chapter is to regulate the construction, alteration and maintenance of all signs so as to protect the property values as well as the character of the various Zoning Districts in the City, to protect health, safety, and morals and to promote the public welfare. It is the intention of this Chapter to regulate the construction and maintenance of all signs, both for appearance and safety and to provide for the removal of unsafe, unsightly and unlawful signs. The provisions of this Chapter shall apply within the City limits of Buckner, Missouri. (Ord. No. 487 §10.1, 11-14-91)

SECTION 420.020: DEFINITIONS

For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

APPROVED COMBUSTIBLE MATERIAL: Wood, or materials not more combustible than wood and those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test flammability of plastics over 0.050 inch in thickness (D635-44), burn no faster than two and one-half (2½) inches per minute in sheets of 0.060 inch thickness.

AWNING: Any structure entirely supported by the wall or canopy to which it is attached and which is covered by canvas, cloth or other similar temporary material and/or which can be retracted or rolled to the structure by which it is supported.

BILLBOARDS: Any off-premises sign that contains more than one hundred (100) square feet in surface area or any one (1) sign face.

CANOPY: Any structure other than an awning attached to a building at the inner end and projected outward either supported or cantilevered. A portico shall be considered a canopy for the purpose of this Chapter.

CONTIGUOUS: For the purposes of Chapter 420 this means land that touches other land with no intervening street, alley, or other public way.

DEVICE, ATTENTION-ATTRACTING: Banners, pennants, streamers, wind-operating mechanisms, flashing lights and any other type of fluttering or flashing object designed or intended to attract the attention of the public, but shall not include three (3) dimensional signs or those otherwise defined under this Chapter.

ERECT: To build, construct, attach, hang, place, suspend or affix a sign to a wall, pole or structure.

FACING OR SURFACE: Any area of a sign upon, against or through which the advertising message is displayed or illustrated on the sign, including structural trim, which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building and which can be seen from a single location on an adjacent street, provided that the ends or thickness of a sign shall not be counted as a separate sign face unless an advertising message is displayed thereon.

FLAG: A piece of cloth or other flexible material varying in size, shape, color and design, usually attached at one (1) edge to a staff or cord and used as the symbol of a nation, State or City. May also be imprinted with an advertising message or design.

FRONTAGE: The length of the lot along the abutting street. The front of a lot abutting more than one (1) street is considered separate for each street.

INDEXING: Turning and stopping action of the sections of a multi-prism sign designed to show several messages in the same area.

JUNIOR POSTER PANEL: A free standing, off-premises sign with less than one hundred (100) square feet of surface area on each sign face.

PERSON: Any individual, firm, agency, partnership, association, corporation, company or organization of any kind.

PREMISES: That portion of a lot of record or building occupied by a single occupant, exclusive of common area, if any, shared with adjacent occupants. Permitted sign area shall be separately calculated for multi-tenant, commercial buildings only when said tenants have a separate entrance for their exclusive use.

SHOPPING CENTER: Any area containing four (4) or more shops, stores and other places of businesses and providing off-street parking facilities in common for all of the businesses and their customers.

SIGN: A device, flag, illustration, structure or part of a structure, including structural trim, which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising or promoting the interest of any service, establishment, product or person. A cross or other religious symbol on a religious building or site shall not be considered a sign. Sign supports are not a part of the sign for the purpose of computing dimension.

SIGN, ANIMATED: Any sign which includes action or motion. For purposes of this Chapter, this term does not refer to flashing, changing or indexing, all of which are separately defined.

SIGN AREA: The area of the sign face. The “sign area” of a multi-faced sign is the sum of the sign areas of each face, including structural trim which can be seen from a single location on an adjacent street and which displays or upon which is displayed any graphic, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of the building. If a sign or letters are attached to building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing imaginary straight lines around generally rectangular margins and measuring the area so encompassed by these lines.

SIGN AWNING AND CANOPY: A sign attached to or illustrated on a canopy or awning, respectively.

SIGN, CHANGEABLE (AUTOMATIC): An electronically or electrically controlled time, temperature and date sign, message center or readerboard, where different copy changes are shown on the same location.

SIGN, CHANGEABLE COPY (MANUAL): A sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.

SIGN, CONSTRUCTION: A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institution of the project.

SIGN, CREDIT CARD OR CHARGE PLATE: Any sign advertising the acceptance of, or being a replica of any credit card plate whether national, local or otherwise.

SIGN, DIRECTIONAL: A sign which indicates a direction for vehicular or pedestrian traffic or other movement.

SIGN, FLASHING: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as “Changeable Signs” not “Flashing Signs”.

SIGN, FLUTTERING: A sign which flutters and includes pennants, banners, non-official governmental flags or other flexible material which moves with the wind or by some artificial means.

SIGN, FREE STANDING: Any sign erected, constructed or maintained for the purpose of indicating the name of the business, services, articles and products offered when such sign is supported by one (1) or more uprights, posts, poles or braces placed upon or affixed in the ground and not attached to any building. (i.e. garage sale, real estate, and auction signs).

SIGN, GROUND: Any detached sign on the same lot or parcel for the purpose of indicating the name of the business, service, article or product offered, and which has its bottom portion erected upon or supported by the ground, a ground planter box or other support, and which is permanently attached.

SIGN, INSTITUTIONAL OR GOVERNMENTAL: A sign identifying an institution or government facility.

SIGN, MEMORIAL OR TABLETS: A sign that denotes the name of a building or site, date of erection, historical significance, dedication or other similar information.

SIGN, NON-CONFORMING: A legal “non-conforming sign” is a sign, including the framework and support which was lawful when constructed, but has become non-conforming as a result of this Chapter an amendment to this Chapter. No legal non-conforming sign shall be extended, enlarged or structurally altered; however, non-structural alterations, maintenance or modifications designed to improve the appearance of the sign are permitted and encouraged.

SIGN, OCCUPATIONAL AND/OR IDENTIFICATION: A sign identifying the name of an organization and/or person(s) occupying a building.

SIGN, OFF-PREMISES: All signs which advertise a product or business not located on the same lot of record, planned unit development, or premises as the sign.

SIGN, ON-SITE INFORMATIONAL: A sign located on a commercial, industrial, institutional, governmental, or other site which gives parking, fire protection, traffic flow (other than Directional Signs), height clearance, pedestrian or other similar information and which does not advertise the business or use located on said site, except for drive-in restaurant menu signs which are permitted.

SIGN, POLITICAL: A temporary sign advocating or opposing any political proposition or candidate for public office.

SIGN PORTABLE: A sign that is temporarily affixed to one (1) location and which has the capability of being moved from (1) location to another that is not a part of a self-propelled vehicle, said vehicle being designed to perform other ordinary functions other than being a sign. (A trailer is not a self-propelled vehicle if it must be attached to another self-propelled vehicle.)

SIGN, PROJECTING: A sign, other than a wall sign, which is attached to and projects from a structure or building face. The area of double-faced projecting sings are calculated on one (1) face of the sign only.

SIGN, REAL ESTATE: A sign pertaining only to the prospective rental, lease, or sale of the property on which it is located.

SIGN, ROOF: Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

SIGN STRUCTURE: The sign and all parts associated with its construction.

SIGN, SUBDIVISION: Any entry sign identifying a subdivision entry, subdivision name and/or street names within the subdivision.

SIGN, SUBDIVISION REAL ESTATE: A temporary real estate sign advertising an entire residential subdivision.

SIGN WALL: A sign attached to or erected against a wall of a building, with the face parallel to the building wall and extending not more than one (1) foot therefrom including signs attached to a mansard or similar decorative roof.

TEMPORARY: A specified period not exceeding sixty (60) days.

ZONING ADMINISTRATOR: Public Works Supervisor or his designee. (Ord. No. 487 §10.2, 11-14-91)

SECTION 420.030: PERMIT — EXEMPTIONS

It shall be unlawful for any person to erect, structurally alter, or relocate any sign or other advertising structure in the City without first obtaining a permit and making payment of the fee required in Section 420.200 except for Section 420.200 Subsection (2) following, which are exempt from this permit Section:

1. Real Estate Signs.

2. Bulletin Boards.

3. Construction Signs.

4. Memorial Signs or Tablets.

5. Traffic or other municipal signs, legal notices, railroad crossing signs, danger and temporary emergency signs, private road, or no trespassing signs.

6. Political Signs.

7. Occupational/Identification Signs

8. Subdivision Entrance Signs.

9. Copy Change on Legal Existing Signs

10. Flags of the United States, State of Missouri and City of Buckner.

11. Garage Sale and Auction Signs

12. Price signs less than one (1) square foot in area.

13. Special display.

14. Church bulletin boards or signs. (Ord. No. 487 §10.3, 11-14-91)

SECTION 420.040: CONSTRUCTION MATERIAL

All signs permitted under this Chapter shall be constructed only of approved combustible materials. (Ord. No. 487 §10.4, 11-14-91)

SECTION 420.050: SIGNS AND DEVICES PROHIBITED

The following types of signs and devices shall be prohibited, except as noted in the Special Display Section 420.070 (7):

1. Attention-attracting devices.

2. Fluttering, except flags permitted under Section 420.020.

3. Paper, cardboard or other similar non-permanent material signs located outside of a building, except for signs not requiring a permit.

4. Signs on parking lot light standards other than on-site informational and directional signs as provided for in Section 420.020. (Ord. No. 487 §10.5, 11-14-91)

SECTION 420.060: NON-CONFORMING SIGNS

Any sign existing on November 14, 1991, shall be governed by the following provisions of this Section:

1. Existing church bulletin boards and signs, institutional or governmental signs, memorial signs, or tablet signs shall not be affected by this Chapter, except that should said signs be removed, replaced or substantially altered, they shall be brought into conformity with this Chapter.

2. It shall be unlawful to enlarge, structurally alter or relocate off premises any existing sign, except in accordance with the provisions of this Chapter.

3. Any legal non-conforming permanent sign shall within a period of twenty-five (25) years be made to comply with all of the provisions hereof together with all other ordinances of the City applicable thereto, or be removed. (Ord. No. 487 §10.6, 11-14-91)

SECTION 420.070: SIGNS IN RESIDENTIAL DISTRICTS

Subject to limitations hereinafter set forth, the following signs shall be permitted in Residential Districts:

1. Church Bulletin Boards.

2. Construction Signs.

3. Directional Signs.

4. Institutional or Governmental Signs.

5. Memorial Signs or Tablet Signs.

6. Political Signs.

7. Real Estate Signs.

8. Special Displays.

9. Subdivision Real Estate Signs.

10. Subdivision Entrance Signs.

11. On-site Informational Signs.

12. Flags of the United States, State of Missouri, and City of Buckner.

13. Signs which prohibit trespassing or indicate private premises, driveways or roads.

14. Garage Sale and Auction Signs.

15. Occupational Signs. (Ord. No. 487 §10.7, 11-14-91)

SECTION 420.080: SIGNS ON PROPERTY IN COMMERCIAL “C-1″, “C-2″, AND “C-3″ ZONING DISTRICTS

Subject to limitations hereinafter set forth, only the following signs shall be permitted in Zoning Districts “C-1″, “C-2″ and “C-3″.

1. All signs and flags permitted in Residential Districts.

2. Sign, Ground.

3. Sign, Canopy and/or Awning.

4. Sign, Occupational and/or Identification.

5. Sign, Wall.

6. Free-standing.

7. Sign, Projecting.

8. Sign, Roof.

9. Junior roster panels. (Ord. No. 487 §10.8, 11-14-91)

SECTION 420.090: PORTABLE SIGNS

Portable signs are unlawful in all Zoning Districts unless they comply with Section 420.020 regarding grand openings or fall within the requirements of Section 420.020 regarding temporary signs. (Ord. No. 487 §10.9, 11-14-91)

SECTION 420.100: STANDARDS FOR SIGNS

The following standards and conditions shall be applicable to the signs listed herein:

1. Construction signs shall be subject to the following restrictions:

a. One such sign, not exceeding thirty-two (32) square feet in surface area and a height not exceeding eight (8) feet above street level shall be permitted on the work site of each street frontage. the signs shall be removed upon completion of the work.

b. Signs identifying mechanics, painters, architects, general contractor, engineers and similar artisans and workmen, which are attached to or on trailers on the site of construction shall be permitted; provided that upon completion of the project the trailer and signs must be promptly removed.

c. Construction signs and construction trailers with signs on said trailer shall not be placed on construction sites until an application for a building permit on the subject site has been approved by the City.

2. Directional signs shall be subject to the following restrictions:

a. All sign supports and frames shall be of a permanent material.

b. Signs may be double-faced not to exceed six (6) square feet per face. Said dimensions shall be exclusive of sign trim or supports.

c. Signs shall be located so as not to obstruct the view of motorists.

d. At least fifty percent (50%) of any directional sign face shall contain one of the following words, phrases or similar traffic directions:

1) “Entrance” or “Entrance only” .

2) “One-way”.

3) “Exit” or “Exit Only”.

4) “Do Not Enter”.

5) “No Exit” or “No Entrance”.

6) “Drive-in/thru Window”.

7) “Right Turn Only” or “No Left Turn”.

8) “Loading Area”, “Parcel Pickup Area” or “Loading Zone”.

9) “Service Vehicles Only” or “No Trucks”.

10) Directional arrows.

e. In the remaining fifty percent (50%) of the sign face, there may be provided the name of the business center, development or name of the business center, development or name of the use or building, trademark, logo or similar matter.

f. There shall be no more than two (2) such signs per entry/exit unless said entry/exit is divided by a raised median in which case each side shall be treated as separate entry/exit.

3. Church/Institutional/Governmental signs shall be subject to the following restrictions:

a. Shall not be over thirty-six (36) square feet in sign area, nor exceed a total height of seven (7) feet above grade at its base.

b. No more than (1) sign shall be placed on each road frontage.

c. Shall be located only on the property of a governmental agency or on not-for-profit institutional property.

d. No direct light shall be cast upon any residential property from sign illumination.

4. Memorial signs or tablet signs shall be subject to the following restrictions:

a. All pre-existing memorial or tablet signs are exempt from this Chapter.

b. Any new memorial or tablet sign shall not exceed six (6) square feet unless such signs or tablets are placed by ordinance of, or commission of the United States Government, State of Missouri, Jackson County, or the City of Buckner, or agencies thereof.

5. Political signs shall be subject to the following restrictions:

a. No greater than thirty two (32) square feet in sign area per sign face.

b. Shall not be in place for a period longer than thirty (30) days and shall be removed within seven (7) days after the election.

6. Real Estate, Garage Sale and Auction signs shall be subject to the following restrictions:

a. Non-illuminated.

b. Not greater than eight (8) square feet per sign face in residential districts, or thirty-two (32) square feet per sign face in all other districts which shall not be included in the calculation of other permitted sign sizes on a building or site.

c. Real Estate, Garage Sale and Auction signs giving directions, located on the premises which they do not pertain shall not be in use more than forty-eight (48) hours per week.

d. Garage Sale, Real Estate, Auction, or any sign giving direction to premises which they do not pertain shall not be attached to any pole, tree, building, or support that does not belong to the individual or individuals placing the signs.

7. Special Displays shall be subject to the following restrictions:

a. Temporary signs pertaining to special events may be displayed by any church, not-for-profit institution or governmental agency, provided that such signs are not displayed for a period longer than fifteen (15) days, nor shall any such sign be permitted more often than once each sixty (60) days, nor shall such sign be larger than two hundred (200) square feet.

b. Temporary advertising devices, such as banners, pennants affixed to poles, wires or ropes and streamers, wind-operated mechanisms and any other type of fluttering device when used for special occasions, may be used no used no more than sixty (60) days per year.

c. Portable signs not exceeding forty (40) square feet for grand openings, not to exceed thirty (30) days.

d. The name or logo of the business shall appear on the special display.

8. Subdivision real estate signs shall not exceed sixty-four (64) square feet per sign face and shall be maintained in good repair and shall be removed when ninety-five percent (95%) of the lots in said subdivision have been sold, subject to the following conditions:

a. One (1) sign per subdivision entrance; and

b. Each subdivision may have one (1) off-premises sign located within one thousand (1,000) feet of the exterior boundary of the subdivision.

9. Subdivision entrance signs shall conform to standards for ground signs and shall be subject to the following restrictions:

a. May be illuminated, provided such illumination does not shine directly onto adjacent residences.

10. Flags shall be subject to the following restrictions:

a. Logo of the business upon which they are flown.

b. No more than three (3) flags may be flown from a single flagpole at any one time. The area of flags shall be included in the total allowed area of signage. (Ord. No. 487 §10.10, 11-14-91)

SECTION 420.110: WALL, AWNING AND CANOPY SIGNS, PROJECTING AND ROOF SIGNS

Wall, Awning and Canopy Signs, Projecting and Roof Signs relating only to service, name of business, articles and products offered within the building or store to which the sign is attached shall be permitted providing:

1. Shall not exceed ten percent (10%) of the area of the largest exposed wall of the building on which the sign(s) is/are to be installed and shall not extend above the roof line more than four (4) feet. The area limitation shall include any special display such as banners.

2. A wall sign shall not project beyond the plane of the wall for a distance of more than twelve (12) inches except for wall signs mounted on a mansard roof.

3. Shall not exceed ten percent (10%) of the area of the building wall on which signs are installed, including the area of a roof sign. (Ord. No. 487 §10.11, 11-14-91)

SECTION 420.120: OCCUPATIONAL AND/OR IDENTIFICATION SIGNS

Occupational and/or Identification signs shall be subject to the Zoning Regulations of the City of Buckner, Missouri. (See Chapter 400 of this Code). (Ord. No. 487 §10.12, 11-14-91)

SECTION 420.130: GROUND SIGNS

Ground signs shall be subject to the following restrictions:

1. Located so as to not obstruct vision at an intersection or a vehicular entry or exit from the property.

2. May be supported by posts or poles that are not less than six (6) inches and do not exceed a height of two (2) feet plus a planter box, if used. The sign shall not exceed a height of six (6) feet above the prevailing grade, nor a length of eight (8) feet.

3. The maximum size of ground signs shall be forty-eight (48) square feet. (Ord. No. 487 §10.13, 11-14-91)

SECTION 420.140: FREE-STANDING SIGNS

Free-standing signs shall be subject to the following restrictions:

1. One (1) free-standing sign shall be allowed for each building fronting a public street. The foregoing, however, is subject to the specific provisions of this Chapter regarding the total number of signs allowed for each business, as provided for in Section 420.170 of this Chapter.

2. The bottom of the signs shall be at least eight (8) feet above the main ground level on which the sign is placed, and shall not exceed a height of thirty-five (35) feet above the nearest adjacent street level.

3. Every free-standing sign shall be constructed and anchored securely and meet the following specifications:

a. Over (30) feet to top of sign – thirty-three (33) pounds per square foot WMD load; and

b. Under thirty (30) feet to top of sign – twenty-eight (28) pounds per square foot WMD load; based on soil compaction of three thousand (3,000) pounds per square foot.

4. A free-standing sign may have an area of sixty (60) square feet, or three-fourths (3/4) square feet of sign face for every foot of frontage of the business advertised, whichever is greater; however, the maximum allowable size for any free-standing sign shall be one hundred (100) square feet.

5. The sign must be so located that no part of it projects beyond a one (1) foot setback line from the property line of the street on which it abuts, or closer than one (1) foot to an interior property line. (Ord. No. 487 §10.14, 11-14-91)

SECTION 420.150: ON-SITE INFORMATIONAL SIGNS

On-site informational signs shall be subject to the following restrictions:

1. Shall not be more than six (6) square feet per sign face, nor exceed a height of ten (10) feet from ground level; and

2. Shall be constructed of permanent, weather-proof materials. (Ord. No. 487 §10.15, 11-14-91)

SECTION 420.160: BILLBOARDS

Billboards shall not be permitted in the City of Buckner. (Ord. No. 487 §10.16, 11-14-91)

SECTION 420.170: LIMITATIONS OF SIGNAGE PER BUSINESS

All wall, projecting, roof, free-standing and ground signs shall be governed by the following restrictions:

1. There shall be no more than two (2) different types of signs on the same side/top of a building or site frontage, except:

On multi-tenant building and shopping centers a free-standing sign shall be permitted for every three hundred (300) feet of frontage or fraction thereof.

2. The total signage of all signs except free-standing and ground signs shall not exceed ten (10%) of the area of the largest exposed wall. (Ord. No. 487 §10.17, 11-14-91)

SECTION 420.180: GENERAL RESTRICTIONS ON SIGN REGULATIONS AND MAINTENANCE AND VIOLATIONS OF THIS CHAPTER

Except as hereinafter provided, all signs shall be subject to the following general construction standards and maintenance standards:

1. The Zoning Administrator, or his designee, shall initiate the necessary procedures to remove any sign of immediate danger or hazard to persons or property, as provided in the City’s Building Code relating to the abatement of dangerous buildings.

2. No signs or other advertising structure regulated by this Chapter shall be erected in such a manner as to obstruct free and clear vision; or at any location where, by reason of its position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words “stop”, “look”, “drive-in”, “danger”, or any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

3. All outdoor signs and supports shall be weather-resistant and shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a sign shall be repaired within forty-five (45) days of notice to repair.

4. Illuminated signs shall be subject to the following restrictions: All illumination shall be oriented so as to prevent casting light onto residential properties.

5. Signs to be removed from premises: Any on-premises sign which advertises a business no longer conducted or a product no longer sold on the premises or lot shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is erected within thirty (30) days after the business or product is no longer in operation or being produced or sold on premises, or within ten (10) days of notification from the Zoning Administrator, or his designee, whichever occurs first.

6. All signs on a single parcel or lot occupied by multi-tenants and all signs in a commercial or industrial planned unit development shall be subject to the following restrictions:

a. Shall be of uniform height, proportions, background colors(s), materials and location in relationship to the business and generally uniform thickness, appearance and illumination.

b. For any new building or for any existing building which is more than fifty percent (50%) vacant, and which does not have approved uniform standards, the building owner shall submit with, or prior to, the first (1st) or (or next) sign permit application, a list of requested uniform standards for said building for approval. No sign permit shall be issued except in conformity with the uniform standards.

c. Non-conforming signs owned by tenants under a current lease in a multi-tenant building shall not be affected.

d. Non-governmental signs shall not be allowed to be placed upon street right-of-way and any so located must be removed within sixty (60) days after passage or notification by the Zoning Administrator. (Ord. No. 487 §10.18, 11-14-91)

SECTION 420.190: SIGN PERMITS AND FEES REQUIRED

All signs except those signs identified in Section 420.020 shall require the issuance of a sign permit prior to erection, relocation or alterations, provided that such signs fully comply with the definitions and specifications of this Chapter.(Ord. No. 487 §10.19, 11-14-91)

SECTION 420.200: APPLICATION FOR SIGN PERMIT

Application for any permit shall be subject to the following conditions:

1. Application for any permit required for any sign not included in Section 420.060 hereof, shall be made upon forms provided by the Zoning Administrator.

2. Fees for processing the application and sign inspection shall be twenty-five dollars ($25.00), which sum is non-refundable after the application is submitted.

3. The Zoning Administrator shall, within fifteen (15) days, review said permit application and either approve or reject and return same to applicant or make it otherwise available to the applicant.

4. If the work authorized under any sign permit has not been completed within six (6) months after the date of approval, it shall become null and void. (Ord. No. 487 §10.20, 11-14-91)

SECTION 420.210: ENFORCEMENT

A. Violation of any of the provisions of this Chapter is hereby declared to be unlawful; and, except as provided elsewhere herein, the Zoning Administrator, or his designee, shall be responsible for the enforcement of this Chapter, and may at any time he deems necessary, inspect any sign structure regulated by this Chapter.

B. Written Notice to be Given of Violations:

1. If it is found that a sign is in violation of this Chapter, the Zoning Administrator, or his designee, shall give written notice to the owner of the sign; or if the owner cannot be located within thirty (30) days by the Zoning Administrator, to the owner of the premises on which the sign is located; or if the sign erection is not complete, to the sign erector stating:

That failure to comply, or to make good faith efforts to comply with the terms of this notice shall constitute grounds for the Zoning Administrator to initiate prosection or enforcement in the appropriate judicial forum as determined by the City Attorney. (Ord. No. 487 §10.21, 11-14-91)

SECTION 420.220: APPEALS AND VARIANCES

Within the purview of its jurisdiction, the Board of Zoning Adjustment is empowered to review or modify the Zoning Administrator’s, or his designee’s order or determination with respect to signs covered by this Chapter and may consider variances as provided by State Statutes. (Ord. No. 487 §10.22, 11-14-91)

SECTION 420.230: VIOLATION OF CHAPTER PROVISIONS

A. It shall be unlawful for any person to violate any provisions of this Chapter.

B. Upon conviction, a person found violating any provision of this Chapter shall be fined an amount not to exceed five hundred ($500.00) dollars. (Ord. No. 487 §10.23, 11-14-91)

CHAPTER 425: COMMUNICATION TOWER REGULATIONS

ARTICLE I. DEFINITIONS AND INTRODUCTION

SECTION 425.010: INTRODUCTION

New technologies and the Federal Telecommunications Act of 1996 are resulting in a broad array of communications services being established. The Telecommunications Act promotes competition among providers of all forms of telecommunications services and limits in some respects the ability of local governments to regulate the availability of these services. (Ord. No. 557, 4-10-97)

SECTION 425.020: DEFINITIONS

For the purpose of this Chapter, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:

ALTERNATE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ACT: The Communications Act of 1934, as it has been amended from time to time, including by Telecommunications Act of 1996, and shall include future amendments to the Communications of 1934.

AFFILIATE: When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator’s principal; partners, shareholders, or owners of some other ownership interest; and when used in relation to the City/County, any agency, board, authority or political subdivision affiliated with the City/County or other person in which the City/County has a legal financial interest.

ANTENNA: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whips but not including satellite earth stations.

BAND: A clearly defined range of radio frequencies dedicated to particular purpose.

BROADCAST: To transmit information over the airwaves to two (2) or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.

CELL SITE: A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary use to cellular communication transmission.

CELLULAR SERVICE: A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

CHANNEL: A segment of a frequency band. Also referred to simply as “frequency”.

CO-LOCATION: Locating wireless communications equipment from more than one (1) provider on a single site.

COMMUNICATION TOWER: A guyed, monopole, or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one (1) or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

CROSS BAR: A structure at or near the top of the low power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).

DIRECTIONAL ANTENNA: An antenna or array of antennas designed to concentrate a radio signal in a particular area.

DISH ANTENNA: A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

EFFECTIVE RADIATED POWER (ERP): The product of the antenna power input and the numerically equal antenna power gain.

ENHANCED SPECIALIZED MOBILE RADIO (ESMP): A specialized mobile radio network which utilizes integrated digital enhanced network.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

FREESTANDING LOW POWER MOBILE RADIO SERVICE FACILITY: A low power mobile radio service telecommunications facility that consists of a stand-alone support structure, antennas and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, light standard, or other vertical support.

FREQUENCY: The number of cycles completed each second by a sound wave; measured in hertz (HZ).

GOVERNING AUTHORITY: The governing authority of the City/County.

GUYED TOWER: A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

INTERFERENCE: Disturbances in reception caused by intruding signals or electrical current.

LAND MOBILE SYSTEMS: Two-way radio service for mobile and stationary units in which each user is assigned a particular frequency.

LATTICE TOWER: A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment.

LICENSE: The rights and obligations extended by the City/County to an operator to own, construct, maintain, and operate its system within the boundaries of the City/County for the sole purpose of providing services to persons or areas outside the City/County.

LOW POWER COMMERCIAL MOBILE RADIO NETWORK: A system of low power commercial telecommunications facilities which allow wireless conversation to occur from site to site.

LOW POWER TELECOMMUNICATIONS FACILITY: An unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at one thousand (1,000) watts or less effective radiated power (ERP), including but not limited to the following:

1. Point-to-point microwave signals.

2. Signals through FM radio translators.

3. Signals through FM radio boosters under ten (10) watts effective radiated power (ERP).

4. Cellular, enhanced specialized mobile radio (ESMS) and personal communications networks (PCN).

5. Private low power mobile radio service.

MHZ: Megahertz or one million (1,000,000) Hz.

MIRO-CELL: A low power mobile radio service telecommunications facility used to provide increased capacity in high cell-demand areas or to improve coverage in areas of weak coverage.

MICROWAVE: Electromagnetic radiation with frequencies higher than one thousand (1,000) Mhz; highly directional signal used to transmit frequencies from point to point at a relatively low power level.

MICROWAVE ANTENNA: A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.

MONOPOLE TOWER: A communication tower consisting of a single pole, constructed without guy wires and ground anchors.

MW/cm2 (MICROWATTS PER SQUARE CENTIMETER): A measurement of the radio frequencies hitting a given area.

OMNIDIRECTIONAL ANTENNA: An antenna that is equally effective in all directions and whole size varies with the frequency and gain for which it is designated.

PANEL ANTENNA: An antenna that transmits signals in specific directions and typically square or rectangular in shape.

PERSONAL COMMUNICATIONS SERVICES (PCS): Digital wireless telephone technology such as portable phones, pagers, faxes and computers. Such mobile technology promises to allow each consumer to use the same telephone number wherever he/she goes. Also known as personnel communications network (PCN).

PRIVATE LOW POWER MOBILE RADIO SERVICE: All other forms of wireless telecommunications which have similar physical facilities to a low power commercial radio service but do not meet the definition of commercial mobile radio service.

PUBLIC PROPERTY: Any real property, easement, right-of-way, air space, or other interest in real estate, including a street, owned or controlled by the City/County or any other governmental unit.

REPEATER: A low power mobile radio service telecommunications facility that extends coverage of cell to areas not covered by the originating cell.

SELF-SUPPORT TOWER: A communication tower that is constructed without guy wires and ground anchors.

SPECIALIZED MOBILE RADIO (SMR): A mobile radio which is utilized in conjunction with an enhanced special mobile radio network, which includes dispatch and interconnect services.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.

VHF: Very high frequency with bands from 30–300 Mhz; includes FM radio, VHF-TV and some land mobile and common carriers.

WAVELENGTH: The distance between points of corresponding phases of a periodic wave of two (2) constant cycles. Wavelength = wave velocity/frequency. (Ord. No. 557, 4-10-97)

ARTICLE II. GENERAL PROVISIONS

SECTION 425.030: RADIO FREQUENCY RADIATION

The tower and facilities shall meet all Federal Communications Commission requirements for radio frequency emissions. (Ord. No. 557, 4-10-97)

SECTION 425.040: FEDERAL REQUIREMENTS

A. It is the responsibility of the carrier to promptly resolve any electromagnetic interference problems created per FCC regulations.

B. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the Federal Government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more stringent compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense. Any such removal by the governing authority shall be in a manner provided. (Ord. No. 557, 4-10-97)

SECTION 425.050: BUILDING CODES — SAFETY STANDARDS

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the governing authority may (order the removal or cause the removal of) such tower at the owner’s expense. (Ord. No. 557, 4-10-97)

SECTION 425.060: REMOVAL OF ABANDONED TOWERS

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may remove such antenna or tower at the owner’s expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. (Ord. No. 557, 4-10-97)

SECTION 425.070: INSPECTION

At least every twelve (12) months, the tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers. At a minimum, this inspection shall be conducted in accordance with the tower inspection check list provided in the Electronics Industries Association (EIA) Standard 222, “Structural Standards for Steel Antenna Towers And Antenna Support Structures”. A copy of such inspection record shall be provided to the City. (Ord. No. 557, 4-10-97)

SECTION 425.080: AUTHORITY TO TRIM TREES

An operator shall have authority to trim trees and shrubbery upon and overhanging streets and other public property so as to prevent the branches and foliage of such trees and shrubbery from coming in contact and interfering with the wires, cables and other facilities of an operator. All trimming shall be done under the supervision and direction of the City. (Ord. No. 557, 4-10-97)

SECTION 425.090: PENALTIES

This Chapter shall be in full force and effect upon its enactment and approval, and any person found to be in violation of any of the provisions of this Chapter shall be subject to a fine of up to five hundred dollars ($500.00) for each day of violation. (Ord. No. 557, 4-10-97)

SECTION 425.100: UNDERGROUND PLACEMENT OF CABLES, WIRES AND FACILITIES

In all areas of the City where the cables, wires and other like facilities of public utilities exist underground, or are required by the City to be placed underground, an operator shall also place its cables, wires, or other facilities underground. (Ord. No. 557, 4-10-97)

SECTION 425.110: DISTURBANCES

In the case of any disturbance to a street or other public property, caused by an operator during the course of constructing or maintaining its system facilities, an operator shall, at its own expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or other public property disturbed in as good or better condition as before the disturbance in accordance with applicable Federal, State and local laws, rules, regulations or administrative decisions. The duty to restore the street or other public property shall include the repair of any area identified by the Director of Public Works as being weakened or damaged as a result of a cut or to other invasion of the pavement of a street or other public property. (Ord. No. 557, 4-10-97)

ARTICLE III. TOWER AND ANTENNA LOCATION AND DEVELOPMENT STANDARDS

SECTION 425.120: PERMITTED BY RIGHT

Towers are permitted in commercial districts. (Ord. No. 557, 4-10-97)

SECTION 425.130: ADMINISTRATIVE APPROVAL

Planning and Zoning Commission and the Board of Aldermen may approve the locating of a tower in any zoning district other than commercial provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed, and that the Commission and Board concludes the tower conforms with the goals of this Chapter. (Ord. No. 557, 4-10-97)

SECTION 425.140: SPECIAL USE PERMITS

Special use permits are required in all zoning districts for communications towers. (Ord. No. 557, 4-10-97)

SECTION 425.150: NOT PERMITTED

No form of tower or antenna is permitted in any single-family residential district, or in any planned or commercial office district. (Ord. No. 557, 4-10-97)

SECTION 425.160: HEIGHT AND SETBACK LIMITATIONS

A. Towers are permitted to a maximum height of one hundred (100) feet in industrial park and planned industrial park districts. Fifty (50) additional feet may be added to accommodate co-location if the applicant submits information certifying the capacity of the tower for two (2) additional providers and a letter of intent from the applicant indicating their intent to share space. A lighting rod, not to exceed ten (10) feet shall not be included within the height limitations.

B. Fall zones shall be equal to half (½) the height of the tower, at least fifty (50) feet from the property line and five hundred (500) feet from any residential structure. (Ord. No. 557, 4-10-97)

SECTION 425.170: SEPARATION

In zoning districts other than industrial or heavy commercial zoning districts, towers over ninety (90) feet in height shall not be located within one-quarter (¼) of a mile from any existing tower that is over ninety (90) feet in height. (Ord. No. 557, 4-10-97)

SECTION 425.180: AESTHETICS

A. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers should be a galvanized finish or painted gray or light blue unless other standards are required by the FAA. In all cases, monopole towers shall be preferable to guyed towers or freestanding structures. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

B. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (Ord. No. 557, 4-10-97)

SECTION 425.190: SCREENING AND FENCING

Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the governing authority may waive such requirements, as it deems appropriate. (Ord. No. 557, 4-10-97)

SECTION 425.200: LIGHTING

Towers shall not be lighted except to assure human safety as required by the Federal Aviation Administration (FAA). (Ord. No. 557, 4-10-97)

SECTION 425.210: LANDSCAPING

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. (Ord. No. 557, 4-10-97)

ARTICLE IV. LOCAL ZONING AUTHORITY OVER WIRELESS TELECOMMUNICATIONS FACILITIES

SECTION 425.220: CONDITIONS TO LOCAL ZONING REQUIREMENTS

The Telecommunications Act of 1996 requires local government zoning decisions about wireless telecommunications facilities to satisfy the following five (5) conditions:

1. Local zoning requirements may not unreasonably discriminate among wireless telecommunications providers that compete against one another.

2. Local zoning requirements may not prohibit or have the effect of prohibiting the provision of wireless telecommunications service.

3. A local government must act on a request for permission to place or construct wireless telecommunications facilities within a reasonable period of time.

4. Any City or Zoning Board decision denying permission to install or construct wireless telecommunications facilities must be in writing and must be based on evidence in a written record before the Council or Board.

5. As long as wireless telecommunications facilities meet standards to be set by the FCC, a local government may not base any decision denying a request to construct such facilities on the ground that radio frequency emissions from the facilities will be harmful to the environment or health of residents. (Ord. No. 557, 4-10-97)

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