Article III - Chapters 138-412 (Zoning)
Article III - Chapters 413-8xx (Rezoning)
Chapter Contents:
DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS
DIVISION 2. "R-R" RURAL RESIDENTIAL DISTRICT
DIVISION 3. "R-1" SINGLE FAMILY DISTRICT
DIVISION 4. "R-2" TWO FAMILY DISTRICT
DIVISION 5. "R-3" MULTI-FAMILY DISTRICT
SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT
SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT
DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT
DIVISION 7. "C-O" OFFICE DISTRICT
DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT
DIVISION 9. "C-2" GENERAL RETAIL DISTRICT
DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT
DIVISION 11. "CC" CENTER CITY DISTRICT
DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT
DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT
DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT
DIVISION 15. SUPPLEMENTAL REGULATIONS
DIVISION 16. CONDITIONAL USE PERMITS
DIVISION 17. OFF STREET PARKING
DIVISION 18. SIGNS
DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS
DIVISION 20. CHANGES AND AMENDMENTS
DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW
DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP
SUBDIVISION I. USE PERMITS
SUBDIVISION II. PLANNED UNIT DEVELOPMENTS
SUBDIVISION IIa. WIRELESS COMMUNICATIONS FACILITIES CODE
Article III - Chapters 413-8xx (Rezoning)
DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS
Sec. 42-138. Title and Purpose.
This Article, and the Official Zoning Map made a part hereof, shall be known and may be cited as the Rolla Planning and Zoning Code.
This Article is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values and the economic use of property as well as the prevention of traffic congestion and the mitigation of adverse environmental impacts from the conduct of business in Rolla. (Ord. 3414)
Sec. 42-139. Regulated Activities
Land use actions that are reviewed by City Council such as rezonings, subdivisions, lot consolidations, lot reconfigurations, planned unit developments, conditional use permits and other land use actions also require land use review and record-keeping. All of the other applications of the regulations of Chapter 42 of the Rolla City Code that are not explicitly listed above shall be enforced through the building permitting process, unless, at the discretion of the Community Development Director, land use review is needed. The above-listed types of requests and other land use reviews may require the applicant to submit applications and additional information as reasonably needed before approving such a land use review.
Sec. 42-140. Rules of Interpretation.
When referring to this Article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise.
Sec. 42-141. Definitions.
Words found in the text or tables of this Article shall be interpreted in accordance with the provisions set forth in this Section. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:
Accessory structure or building: A structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.
Acre: A measure of land area containing forty three thousand five hundred sixty (43,560) square feet.
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Adult day care home: That portion of a residence wherein the owner or occupier of the residence provides care and supervision to meet the needs of up to eight (8) functionally impaired adults for periods of less than twenty-four (24) consecutive hours, without overnight accommodations. (Ord. 3748, §1)
Agricultural activity: The provisions of Chapter 5 Rolla City Code - Animals & Fowl notwithstanding, the production, keeping or maintenance, for sale, lease or personal use, of any bovines or equines, excluding feed lots, stockyards, and animal slaughter or meat processing facilities. (Ord. 3891, §1).
Alley: A public way that extends only secondary means of access to abutting property.
Alteration, structural: Any alteration to any component of a structure that supports any vertical load in addition to its own weight.
Apartment: A room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.
Apartment structure: Same as "Dwelling, multi‑family."
Attached Single Family or Townhouse: An attached single family dwelling unit or townhouse with at least one private exterior entrance, constructed in a group of two or more attached single family units or townhouse in which each unit extends from the foundation to roof with open space on at least two sides. Attached single family or townhouse shall be limited to 35 (thirty-five) feet in height (2 stories) or 45 (forty-five) feet in height (3 stories), provided a secondary means of egress shall be constructed on the third floor with an automatic sprinkler system throughout the building as required per International Building Code (IBC), Residential Group R-2. (Ord. 4212, §1)
Automobile sales: An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
Automobile service station: Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.
Automobile wrecking or salvage yard: An open area used for dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories.
Bar: See Tavern.
Berm: A mound of earth, typically located in a buffer‑yard to shield or block noise, lights or other nuisances.
Boarding, rooming and lodging house: A building other than a motel where lodging and/or meals is provided by the owner or operator for three (3), but not more than five (5) persons for compensation.
Buffer-yard: Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to limit nuisances.
Building: A structure having a roof supported by columns or walls.
Building codes: The Building Code of the City of Rolla, Missouri together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.
Building Design Standards. Buildings designed for Attached Single Family or Townhouse
Building unit, group: Two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.
Building line: A line located a minimum horizontal distance from the center of the street and parallel thereto, beyond which no part of a building shall extend.
Building, front of: The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.
Building, principal: A building in which is conducted the principal use of the lot on which it is situated.
Bulk requirements: Bulk requirements (synonymous with bulk regulations) provide a zoning envelope for buildings by horizontal measurement. Such regulations include setbacks, minimum street frontage, maximum lot coverage, and minimum lot size.
Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for resale to distributors or retail dealers or outlets.
Cemetery: Property used for the interring of the dead, including mausoleums.
Child care center: A state licensed child day care facility permitted to serve more than ten (10) unrelated children and required to utilize a commercial grade kitchen.
Child day care: The care of a child away from his own home on either a commercial or noncommercial basis for any part of a twenty‑ four (24) hour period.
Child care home, family: A state licensed child care facility permitted to serve no more than ten (10) unrelated children.
Child Daycare Center: A child daycare center or centers, licensed by the Department of Health and Senior services of the State of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day.
Child day care home: An unlicensed child day care facility permitted to serve no more than four (4)‑unrelated children.
Church: A building or structure(s), which by design are primarily intended for the conducting of religious services and associated accessory uses. At a minimum, a church includes a body of believers or communicants that assembles regularly in order to worship and reasonably available to the public.
Clinic, medical or dental: An institution or station for the examination and treatment of all ill and affected out patients where overnight lodging is limited to one (1) night.
College: An institution that provides post‑secondary educational program, including classrooms, laboratory and administration buildings, libraries, dormitories, dining halls, student centers, auditoriums, chapels, gymnasiums, stadiums, fraternities, sororities, etc.
Community center: A building for social, educational, and recreational activities of a neighborhood or community, provided any such use is not operated primarily for commercial gain.
Community treatment center: Structures and land used for the inpatient and/or outpatient treatment of alcohol and other drug abuse, for the evaluation of treatment needs, and /or for services to family members of patients in a program accredited by the Department of Mental Health/Division of Alcohol and Drug Abuse, the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission for the Accreditation of Hospitals, or the American Osteopathic Association.
Convenience store: A retail establishment typically having a gross floor area of five thousand (5,000) square feet or less; primarily selling petroleum products, foods, as well as other household goods customarily sold in larger food markets and supermarkets.
Conditional use: A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Article and authorized by City Council.
Condominium: A building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.
Curb grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this Article.
Dance hall: Any place open to the public in which persons move with either backward, forward or side steps, accompanied by music.
Depth of rear yard: The horizontal distance between the rear line of the main building nearest the rear property line, otherwise the rear lot line.
District: A section of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.
Drive-in facility: A facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.
Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other.
Dwelling: A building or portion thereof designed exclusively for residential occupancy, each with separate toilets and kitchen facilities and intended to function as separate dwelling units with, for example, individual utility meters, addresses, etc., but not including hotels, motels, boarding, rooming and lodging houses; and institutional care facilities.
Dwelling, single‑family detached: A detached building surrounded by open space on the same lot designed exclusively for occupancy by one family or a foster home which provides 24‑hour care for seven or less unrelated children.
Dwelling, two‑family: See Duplex
Dwelling & single-family semi‑detached: A dwelling unit attached to one or more dwelling units by common vertical walls without opening, each unit located on a separate lot of record.
Dwelling, multi‑family: A building or portion thereof arranged, designed or occupied as a residence by three or more individuals or families having separate quarters and living independently of each other.
Economic hardship: When the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.
Efficiency apartments: A building occupied or designed for living units in apartments containing not less than three hundred (300) square feet per apartment; excluding public halls, corridors, or stairways.
Family: The following living arrangements shall constitute a "Family":
Farming or truck gardening: A tract of land cultivated by an owner or tenant for the purpose of supplying provisions or food.
Feedlot: A confined land area for fattening cattle or other animals or temporarily holding such animals for sale or shipping.
Flashing light: A continuously intermittent light or sequential light; but not including animation or lighting that changes the copy of a sign.
Fraternity house: A building maintained exclusively by an incorporated fraternity for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)
Frontage: All the property fronting on one side of a street between the two nearest intersecting streets, or other natural barriers.
Front lot line: The line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.
Funeral home: A building used for the preparation of the deceased for burial and display, with ceremonies connected therewith before burial or cremation, but shall not include facilities for cremation.
Garage, private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.
Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
Greenhouses: A building consisting of glazed frames or sashes, used for the purpose of cultivating plants too tender to endure open air.
Gross floor areas: The gross floor area of an apartment house shall be measured by taking an outside dimension of the apartment building at each floor level excluding, however, the floor area of basements or attics when not occupied as living quarters.
Group home, residential: A single family dwelling in which no more than ten (10) people reside, comprised of the following: eight or fewer unrelated mentally or physically handicapped persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the dwelling, and the children of the house parents or guardians.
Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
Height: Dimensional and Story: Height shall be calculated as the number of stories in a building and by a dimension that is measured from a height that is equal to the lowest point along the intersection of the front(s) of the building (the side or sides of the building that faces the front lot line or lines) and the ground to the highest point of either the parapet line, cornice line, or eave line, whichever is applicable and highest. A story is limited to 14 feet from the finished floor to the ceiling, except that ground-floor stories used for commercial purposes may be as high as 20 feet. If there are multiple floor heights in one story, the lowest floor will be used for the calculation. Any story that exceeds these limitations will count as two stories. Basements that emerge four feet or less from the lowest ground level at the intersection of the front of the building and the ground and attics not exceeding four feet at the top of the kickwall shall not constitute an additional story. Any attic or basement that exceeds these limitations shall count as a story. When determining if a building meets maximum height regulations, both types of measurements, stories and dimensional height, shall be taken into consideration. Violation of either measurement constitutes a height violation.
Home occupation: Same as Customary home occupations.
Hospital: An institution or place where sick or injured patients are given medical or surgical care, whether at public or private expense.
Hospital, animal: An establishment where there are facilities to lodge animals that are being treated by a veterinarian.
Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, and in which there are more than twelve sleeping rooms.
Hotel apartment: A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units.
Impervious surface: Any part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of storm water.
Kennel: Any lot or premises on which four or more dogs, more than four months of age, are kept for commercial purposes.
Land Use: The purpose for which land, a structure, a building, or part thereof is being used. The term does not refer to building code categorization of use. Rather, the land use should be listed in the permitted/conditional use lists of each district in this Article or be similar to one of those uses listed. If the use cannot be found, the use should be added to the list through a code interpretation request.
Loading space: An off‑street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lot: An undivided tract or parcel of land that is under one ownership, has frontage on a street or access to a street, and is designated as a separate tract of land by identifying its boundaries by a lot number or letter on a duly approved and recorded subdivision or by a metes and bounds description on a recorded instrument prior to November 1, 1973.
Lot area: The total horizontal area within the boundary lines of a lot.
Lot, corner: A lot situated at the intersection of two or more streets.
Lot, depth: The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
Lot, front of: The front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street with the greatest number of lots front.
Lot, interior: A lot other than a corner lot.
Lot lines: The lines bounding a lot as defined herein.
Lot of record: A lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds and as approved under Chapter 42, Article II, Subdivisions.
Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot or lots to its rear.
Lot, through or double frontage: A lot having frontage on two parallel or approximately parallel streets.
Lot width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lots lines.
Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
Manufactured home: See "Mobile home". (Ord. 3748, §1)
Marijuana or Marihuana: Cannabis Indica, Cannabis sativa, and Cannabis ruderals, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.
Marijuana-Infused Products: products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.
Medical Marijuana Cultivation Facility: a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility.
Medical Marijuana Dispensary Facility: a facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Projects Manufacturing Facility.
Medical Marijuana-Infused Products Facility: a facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Projects Facility.
Medical Marijuana: marijuana that is available only by prescription and used to treat a variety of medical conditions.
Medical Marijuana Testing Facility: a facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
Mobile home: A transportable, factory‑built home, designed to be used as a year‑round residential dwelling containing the same water supply, waste disposal and electrical conveniences as immobile housing.
Motel: An establishment providing transient accommodations on a daily rate to the general public with at least twenty five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
Natural or artificial barrier: Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside.
Non-conforming structure: A building or structure or portion thereof that was lawfully erected, but does not conform to height, setback, or bulk regulations.
Non-conforming use: A lawfully established use of land, a building, or a structure that does not conform to the current Planning and Zoning Code.
Nurseries: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated for commercial purposes.
Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Office, sales: An accessory office to a principal use where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on site.
Office, retail/warehouse combination: A facility that provides combined office, retail and warehousing facilities for one or more businesses.
Open space: Area included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.
Owner of record: The person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.
Package liquor store: An establishment where alcoholic beverages are sold for consumption off premises.
Parking space, automobile: Space within a building or a private or public parking area for the parking of one automobile.
Person: Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.
Pick-up facility: A facility typically accessory to a commercial establishment designed solely for the distribution of goods ordered before arriving at the establishment.
Premise: A premise is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premise has one or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.
Principal building or structure: A structure, or group of structures, in which the principal use of a premise is located.
Principal use: The primary or predominant use of a premise.
Print shop: A typically small retail establishment whose principal activity is to provide duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment or small printing presses.
Private club: An organization of persons for special purposes or the support of sports, arts, literature, politics and the like.
Qualifying Patient: A Missouri resident diagnosed with at least one qualifying medical condition.
Rear lot line: The line of the lot opposite the front lot line.
Rear yard: A space unoccupied except by a building or accessory use as hereinafter permitted, extending the full width of the lot between the main building and the rear lot line. Where there is an alley the depth of the rear yard may be measured from the rear lot line.
Restaurant: An establishment where food and drink is prepared and served for consumption on or off premise. If alcoholic beverages are sold, more than fifty (50) percent of gross income must be derived from the sale of food and non‑alcoholic beverages for consumption on premise for the establishment to be classified as a restaurant.
School: Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school.
Self-service storage facility: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods. (Ord. 3611, §1)
Servants' quarters: An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than fifty percent of his or her time, and not rented or otherwise used as a separate domicile.
Setback: The mandatory minimum or maximum distance between a lot line and an elevation of a building or the closest point of a structure that is not a building, unless otherwise indicated.
Side line: Any lot line not a front line or a rear line.
Sorority house: A building maintained exclusively by an incorporated sorority for sorority members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning. (Ord. 4019, §1)
Street: A public way that extends primary means of access to abutting properties. No street right‑of‑way in the City of Rolla shall be less than fifty (50) feet in width.
Street, arterial: Those streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic. Minimum right‑of‑way width shall be eighty (80) feet with sixty (60) feet required for an industrial arterial.
Street, collector: A street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.
Street, freeway: A divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.
Street, minor residential:Astreet primarily for access to the abutting properties.
Street width: The horizontal distance between the side lines of a street, measured at right angles to the back of the curb or side lines if no curb exists.
Structure: A building or other object that has been constructed or erected on the ground or attached to or on top of another object or building. Walkways and driveways located on the ground are not considered structures.
Tavern: An establishment where fifty (50) percent or more of gross income is derived from the sale of alcoholic beverages for consumption on premise and where the serving of food and non‑alcoholic beverages, as well as the sale of package liquors, are accessory activities.
Tea rooms: An establishment used primarily for the serving of non‑alcoholic beverages for consumption on premise, with the sale of food as an accessory activity.
Trailer: Any portable or mobile vehicle on wheels, skids, or rollers not structurally anchored to a foundation, either self‑propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used as living quarters or for commercial hauling and/or storage purposes, and herein referred to as a trailer.
Trailer or mobile home park: Any plot of ground where accommodation is provided for two or more trailer coaches or mobile homes used as living or sleeping quarters.
Used car safes yard: An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premises.
Width of side yard: The horizontal distance between that portion of the main building nearest the side property line and the side line of the lot.
Yard: An open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.
Yard, front: A yard extending across the full width of the lot, between the nearest main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the main building to the nearest point of the front lot line.
Yard, rear: A yard extending the full width of the lot, between the nearest main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building to the nearest point of the rear lot line.
Yard, side: An open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as part of the side yard.
Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Ord. 3414; Ord. 3611, §1; Ord. 3748, §1; Ord. 4398, §1; Ord. 4428, Ord. 4488)
Sec. 42-142. General Provisions.
Sec. 42-142.1. Zoning Districts.
The City of Rolla shall be divided into fourteen (14) zoning districts, the location and boundaries of which are shown on the Official Zoning Map, which Map is incorporated in this Article by this reference. The districts include:
1. "R R" Rural Residential District: A zone intended to accommodate low intensity residential uses on lots not less than forty thousand (40,000) square feet in area and to permit certain agricultural activities.
2. "R 1" Single Family District: A zone designed to support single family residential development at a maximum density of seven (7) dwelling units per acre.
3. "R 2" Two Family District: A district designed for single family or two-family dwellings (duplex) at a maximum density of ten (10) dwelling units per acre.
4. "R 3" Multi Family District: A zone designed for multi family dwelling units (apartments) with a maximum density of twenty six (26) dwelling units per acre.
5. "R-3b" Multi-Family District: A zone intended to provide medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre.
6. "RMH" Residential Manufactured Home District: A zone intended to provide standards for the development of residential manufactured home subdivisions or parks.
7. "GI" Government and Institutional District: A zone designed for governmental buildings and uses, including public medical facilities and institutions of higher education.
8. "C-O" Office District: A zone intended for low intensity office development and serving as a transition zone from commercial uses to residential uses.
9. "C-1" Neighborhood Business District: A zone established to accommodate individual retail stores and personal service businesses that offer convenience goods and services normally considered a frequent or even daily necessity for residents of an adjoining neighborhood.
10. "C-2" General Retail District: A zone designed for uses that provide community wide personal and business services, small shopping centers and specialty retail shops.
11. "C-3" Highway Commercial District: A zone designed for businesses that provide essential commercial services and support activities of community and regional significance. These uses depend upon high visibility and convenient sites on arterial streets and near highways to accommodate customers or distribute goods.
12. "Center City District": A zone designed to accommodate the existing unique mix of uses and to encourage private investment in the Rolla Central Business District.
13. "M-1" Light Manufacturing District: A zone designed to accommodate less intensive industrial and warehousing uses that are conducted entirely within a building with no outdoor operations, except storage and display.
14. "M-2" Heavy Manufacturing District: A zone intended to accommodate intensive manufacturing uses that may have adverse impacts on nearby property unless properly located and buffered. (Ord. 3414; Ord. 3748, §2)
Sec. 42-142.2. Zoning Map and Rules for Interpretation.
(a) Incorporation of Official Zoning Map by Reference: The City of Rolla is hereby divided into the districts as listed in Section 42-141.2. of this Article and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article. Such map shall be in triplicate originals, each of which shall bear the signature of the Mayor and attestation of the City Clerk and bearing the Seal of the City. One of said originals shall be hung in the office of the Secretary of the Planning and Zoning Commission. It shall be the duty of the Secretary to keep up to date the originals, showing all changes, additions and amendments thereto and maintaining records of the date of passage by ordinance. Regardless of the existence of copies of the Official Zoning Map that from time to time may be published, the Official Zoning Map shall be located in the office of the Secretary of the Planning and Zoning Commission and this map shall be considered the final authority as to the current zoning status of land and water areas in Rolla.
(b) Rules of Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:
(c) Classification of Vacated Right-of-Way: Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one property, the zoning district of the host property shall extend to the vacated area. (Ord. 3414)
Sec. 42-142.3. Annexations.
All territory which may hereafter be annexed into the City of Rolla shall be considered zoned in the most restrictive classification consistent with the property use and the Comprehensive Plan unless the City Council or the applicant designates otherwise prior to the annexation. (Ord. 3414)
Sec. 42-142.4. Separability.
It is hereby declared to be the intention of the City Council that the several provisions of this Article are separable, in accordance with the following rules:
(a) If any court of competent jurisdiction shall adjudge any provision of this Article to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Article.
(b) If any court of competent jurisdiction shall adjudge the application of any provision of this Article to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property. (Ord. 3414)
Sec. 42-142.5. Penalties.
Any person violating or failing to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred (300) dollars, per day, for each day of noncompliance. (Ord. 3414)
Sec. 42-142.6. Effective Date.
This Article shall be in full force and effect as Chapter 42, Article III, Rolla City Code, from and after its passage and approval in the manner required by law. (Ord. 3414)
Sec. 42-143. Public Notification Procedures and Land Use Action Fee Schedule.
When any land use action from the list below is proposed through the submittal of an application or initiated by the city or legislative body, the public notification procedures listed below shall be carried out by the Community Development Department at least fifteen days prior to the City Council-held public hearing for such a proposal. The failure to execute any notification procedure that goes beyond what is required by state law does not imply a failure on the City's part to notify the public.
These procedures listed below shall only be executed when the combined land subject to the land use action (the subject parcel) is less than five percent of Rolla's total size. At five percent of the City's area, the proposal becomes a general land use action that only requires online notification and newspaper notification.
Online Notification: On Rolla's government website and social media, staff shall post the location of the proposal; a description of the proposal; the physical and digital location of relevant documents; and the location, time, and date of the Planning & Zoning Commission meeting and the City Council-held public hearing.
Notification by Yard Sign: Staff shall post a yard sign on each street-facing side of the combined land subject to the land use action. The sign(s) shall convey that a land use action has been proposed and the contact information for the Community Development Department.
Mail Notification: Through postal service, staff shall send an informational packet to the property owners of the subject parcel(s) and those owners of properties located within a 300-foot perimeter (non-rounded parallel lines that are drawn 300 feet from each side) around the subject parcel(s). The informational packet shall include a map that indicates where the subject parcel(s) is/are located and a letter that provides the following information: a description of the proposal; the physical and digital location of relevant case documents; and the location, time, and date of the Planning & Zoning Commission meeting and the City Council-held public hearing. When applicable, the letters shall explain the extraordinary majority requirements described in Section 89.060 of the Revised Statutes of Missouri.
Newspaper Notification: Staff shall post a legal advertisement in an official paper or a paper of general circulation in Rolla. This type of notification must only include the time and place of the City Council-held public hearing and the physical and digital location of relevant case documents. In addition, if space allows, a description and the location of such a proposal shall also be provided.
(Ord. 4401, §§6-7)
Sec. 42-143.1. Fee Schedule for Land Use Actions.
LAND USE ACTION FEE SCHEDULE | |
---|---|
Land Use Action Type | Fees |
Major Subdivisions | $300 |
Minor Subdivisions | $100 |
Lot Consolidations & Reconfigurations | $100 |
Planned Unit Developments | $475 |
Conditional Use Permits | $375 |
Map & Text Amendments (e.g. rezones) | $375 |
Appeals to the Board of Adjustment | $350 |
Variances | $350 |
Special Exceptions | $350 |
Use Variances | $350 |
Subdivision Variances | $350 |
Major Amendments to Conditional Use Permits / Site Plans and to Final Development Plans (for PUD's) | $300 |
Secs. 42-144 to 42-167. Reserved.
DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT
Sec. 42-168. Purpose of the Rural Residential District.
This District is composed of those areas of the city whose principal use is large lot single-family and agricultural uses. The regulations are designed to ensure harmony between the primary uses of this District. (Ord. 3414)
Sec. 42-168.1. Uses Permitted.
Single family-dwellings with no more than one dwelling per lot.
Golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.
Family child care homes for child, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.
Churches and other places of worship.
Customary home occupations, in accordance with Section 42-207.
Accessory structures and uses, in accordance with Section 42-204.
Residential group homes, in accordance with Section 42-224.
Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.
Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults. (Ord. 3414; Ord. 3517, §2; Ord. 3748, §3)
Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.
Parks, camp areas, recreation areas, arenas, or resorts owned by private organizations.
Private utilities.
Nursing homes.
Cemetery on ten (10) acres or more.
Medical institutions, such as hospitals.
Veterinarian services, animal hospitals and kennels.
Customary agricultural activities.
Bed and breakfasts, in accordance with Section 42-235. (Ord. 3414)
Sec. 42-168.3. Area Requirements.
Minimum size of lot: Area 40,000 square feet Lot frontage 150 feet at front lot line Width 150 feet at building line Maximum percentage of lot that may be occupied by buildings: All buildings 25 percent Maximum height of buildings Three stories and fifty feet Minimum setback dimensions Front yard 35 feet measured from front lot line Side yard 25 feet measured from side lot line Rear yard 50 feet measured from rear lot line (Ord. 3414, Ord. 4398, §§5-6)
Secs. 42-169 to 42-170. Reserved.
DIVISION 3. "R-1" SINGLE FAMILY DISTRICT
Sec. 42-171. Purpose of Single Family Residential District.
This District is intended to promote and preserve urban single-family residential development at a maximum density of approximately seven (7) building lots per acre. The principal land use is the single-family dwelling. Certain other uses necessary to serve governmental, educational, religious, recreational and other needs are allowed as conditional uses subject to restrictions intended to protect the single-family character of the District. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities as well as by considering the functional relationship between permitted uses in the District. (Ord. 3414)
Sec. 42-171.1. Uses Permitted.
Single-family dwellings with no more than one dwelling per lot. . Refer to Sec. 42-141 for the definition of "Family". (Ord. 4019, §2)
Churches and other places of worship.
Privately owned and operated golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.
Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.
Customary home occupations, in accordance with Section 42-207.
Accessory structures and uses, in accordance with Section 42-204
Residential group homes, in accordance with Section 42-224.
Family child care homes for children, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.
Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults.
(Ord. 3414; Ord. 3517, §3; Ord. 3748 §3.)
Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning
Commission and the City Council in accordance with Section 42-234.
(Ord. 3414; Ord. 3517, §4; Ord. 3748, §5)
Sec. 42-171.3. Area Requirements.
Minimum size of lot: | |
Area | 6,000 square feet |
Lot frontage | 40 feet at front lot line |
Width | 60 feet at the building line. |
Maximum percentage of lot that may be occupied by buildings: | |
All buildings | 40 percent for lots under 12,000 sq. ft. in area |
All buildings | 25 percent for lots over 12,000 sq. ft. in area |
Maximum height of buildings | |
Three stories and fifty feet | |
Minmum setback dimensions |
|
Front yard | 25 feet, measured from front lot line |
Each side yard | 5 feet, measured from side lot line |
Rear yard | 10 feet, measured from rear lot line |
Corner lots | See Section 42-292.2. Side yards-corner lots |
(Ord. 3414; Ord. 3748, § 4; Ord. 4398, §§7-8)
Secs. 42-172 to 42-173. Reserved.
DIVISION 4. "R-2" TWO FAMILY DISTRICT
Sec. 42-174. Purpose of the Two-Family District.
This District is intended to accommodate a variety of housing types, including single family and duplex dwellings at low to moderate residential densities. The Two-Family District is also intended to serve as a transition between the single-family district and the Multifamily District. (Ord. 3414)
Sec. 42-174.1. Uses Permitted.
(1) Any use permitted in the R-1 Single-Family District.
(2) Two-family dwellings.
(Ord. 3414)
Sec. 42-174.2. Conditional uses, as listed in the preceding R-1 Single-Family District, as permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.
(1) Sorority and fraternity houses. (Ord. 3414)
Sec. 42-174.3. Area Requirements.
Minimum size of lot: 9,000 square feet.
Maximum Number of Bedrooms Permitted: 4 Bedrooms per unit.
Maximum number of occupants per dwelling unit:
Lot frontage: 75 feet at front lot line.
Width: 75 feet at building line.
Maximum percentage of lot that may be occupied by buildings:
Minimum open space per lot:
Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.
Maximum height of buildings:
Minimum setback dimensions:
(Ord. 3414; Ord. 4019, §3, Ord. 4213, §1; Ord. 4398, §§9-10)
Secs. 42-175 to 42-176. Reserved.
DIVISION 5. "R-3" MULTI-FAMILY DISTRICT
Sec. 42-177. Purpose of the Multi-family District.
The R-3 Multi Family District is intended to support apartment type development at a maximum density of twenty six (26) dwelling units per acre. Developments of this intensity should be established adjacent to and with vehicular access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)
Sec. 42-177.1. Uses Permitted.
(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6)
Sec. 42-177.2 Area Requirements.
Minimum size of lot:
Maximum Number of Bedrooms Permitted: 8 Bedrooms per unit.
Maximum number of occupants per dwelling unit:
Lot frontage: 75 feet at front lot line.
Width: 75 feet at building line.
Maximum percentage of lot that may be occupied by buildings:
Minimum open space per lot:
Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.
Maximum height of buildings:
Minimum setback dimensions:
(Ord. 3414; Ord. 3493, §2; Ord. 3748, §6; Ord. 4019, §4, Ord. 4213, §2; Ord. 4398, §§11-12)
Sec. 42-177.3 Separation and Access to Buildings.
All new development on parcels zoned R-3 Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in the driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)
Sec. 42-177.4 Buffer-Yard Requirements.
Whenever any development in an R-3 Multi-Family District is located adjacent to an R-1 Single Family District, a buffer-yard shall be provided in accordance with Section 42-230.6 and meeting the width and landscaping standards for a "Buffer-Yard A". (Ord. 3748, §6)
Sec. 42-177.5 Site Plan Required.
All rezoning requests for R-3 Multi-Family District zoning for parcels one (1) acre in size or greater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1 (b) of the Planning and Zoning Code. (Ord. 3748, §6)
SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT
Sec. 42-178 Purpose of the "R-3b" Multi-Family District.
The R-3b Multi-Family District is intended to provide for medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre. Developments of this intensity should be adjacent to and have access from collector or higher classified streets. Traffic circulation should be designed to minimize the impact on adjoining residential neighborhoods. (Ord. 3748, §6)
Sec. 42-178.1 Uses Permitted.
Uses and conditional uses permitted in any of the foregoing R-1, R-2, or R-3 Districts. (Ord. 3748, §6)
Sec. 42-178.2 Area Requirements.
Minimum size of lot:
Maximum number of occupants per dwelling unit:
Lot frontage: 75 feet at front lot line.
Width: 75 feet at building line.
Maximum percentage of lot that may be occupied by buildings:
Minimum open space per lot:
Not less than twenty five (25) percent of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, structures, parking areas, driveways, side walk, patio, accessory structures and internal streets. Open space shall contain living ground cover such as grass, plants, shrubs or trees. Decorative landscaping materials, such as rock, bark, and mulch are also permitted.
No open space shall be required on a lot if existing buildings and structures are replaced with new buildings and structures using the same floor area, provided a building permit for replacement is applied for within one (1) year after the existing buildings are removed. In addition, no open space is required if an existing use expands operations or is established in existing floor area that previously was unfinished or not otherwise available for occupancy.
Maximum height of buildings:
Minimum setback dimensions:
(Ord. 3748, §6; Ord. 4019, §5; Ord. 4398, §§13-14)
Sec. 42-178.3 Separation and Access to Buildings.
All development on parcels zoned R-3b Multi-Family District shall provide a minimum distance between all residential buildings of twelve (12) feet. All required driveways and off-street parking areas shall be provided with a permanent dust-free paved surface and shall be constructed with curbs and gutters. Driveways shall be a minimum of sixteen (16) feet in width and no parking shall be allowed in driveways. Driveways and buildings shall be located on the parcel in such a manner as to provide safe and convenient access for solid waste pick-up and emergency vehicles. (Ord. 3748, §6)
Sec. 42-178.4 Site Plan Required.
All rezoning requests for R-3b Multi-Family District zoning for parcels one (1) acre in size or grater shall be accompanied by a site plan prepared in accordance with Sec. 42-234.1(b) of the Planning and Zoning Code. (Ord. 3748, §6)
SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT
Sec. 42-179 Purpose of the "RMH" Residential Manufactured Home District.
The purpose of this district is to establish additional standards for the development and operation of residential manufactured home (mobile home) parks. The standards are intended to encourage affordable and diverse housing opportunities while promoting neighborhood improvement that minimizes conflicts with other zoning districts. A residential manufactured home park may provide sites (herein defined as manufactured home spaces) available for lease or rent or the property may be subdivided in accordance with the requirements of ARTICLE II of this Chapter. Regulations pertaining to Trailers and Mobile Home Parks found in Chapter 39, ARTICLES I through II of the Rolla City Code shall be followed where not specifically revised by this Section. (Ord. 3748, §6)
Sec. 42-179.1 Uses Permitted.
Sec. 42-179.2 Area Requirements.
Minimum size of lot:
Area: | 4,000 square feet for each manufactured home. |
Width: | 45 feet at the building line. |
Maximum percentage of space coverage for each manufactured home:
Individual manufactured home: | 30 percent of the manufactured home space. |
Maximum separation between manufactured homes:
Manufactured homes shall be separated from each other and from other buildings or structures by at least fifteen (15) feet; provided that manufactured homes placed end-to-end shall have a clearance of ten (10) feet where opposing rear walls are staggered.
Minimum setbacks:
All manufactured homes shall be located at least ten (10) feet from any park boundary line abutting a public or private street, or parking area, and at least twenty (20) feet from all perimeter park boundary lines not abutting a public or private street or parking area.
(Ord. 3748 §6)
Sec. 42-179.3 Skirting.
All manufactured homes shall be skirted within thirty (30) days of occupancy. The skirting shall be done so that it is compatible with the manufactured homes unit's exterior materials and it shall be of a finished nature. Composition building board and raw wood shall not be used as skirting unless finished with weatherproof and termite proof materials. (Ord. 3748, §6)
DIVISION 6. "GI" GOVERNMENT AND INSTITUTIONAL DISTRICT
Sec. 42-180. Purpose of the Government and Institutional District.
The Government and Institutional District is established to apply to those lands where federal, state, or local government activities are conducted and where the government holds title to such lands, and to major public educational, medical, and recreational facilities. The District is also intended to classify land that is vacant but has been designated for activities listed above in an adopted plan. (Ord. 3414)
Sec. 42-180.1. Uses Permitted.
(1) Governmental buildings and uses.
(2) Hospitals and related buildings and uses, such as medical offices, clinics, etc.
(3) Medical and dental laboratories and research facilities, not including the manufacture of pharmaceutical or other products for sale or distribution, provided no toxic substances, explosives, radioactive material, highly flammable substances or other materials that pose a threat to the public health and safety, due to their quantities or location, are used in the research operations.
(4) Stadiums, auditoriums, arenas, convention and cultural centers owned by a governmental or quasi-governmental entity.
(5) Public parks and recreation areas.
(6) Athletic clubs, fitness centers and indoor sports facilities.
(7) Cemeteries.
(8) Art galleries, libraries and museums.
(9) Colleges and universities, public schools - elementary and secondary.
(10) Public service and public utility uses, including central power or lighting plant.
(11) Accessory structures and uses, in accordance with Section 42-204.
(Ord. 3414)
Sec. 42-180.2. Area Requirements.
Government and institutional buildings or uses in existence at the time the district is mapped shall be considered conforming uses.
Minimum size of lot:
Area: No maximum or minimum requirements.
Lot frontage: No minimum requirements.
Maximum lot coverage:
All buildings: Eighty (80) percent, not less than twenty (20) percent of the total lot area shall be devoted to open space, excluding parking lots or other paved areas and building sites.
Maximum height: No maximum or minimum requirements.
Minimum setbacks: None.
(Ord. 3414)
Secs. 42-181 to 42-182. Reserved.
DIVISION 7. "C-O" OFFICE DISTRICT
Sec. 42-183. Purpose of the Office District.
The C-O District is designed to be a restrictive district for low intensity office or professional uses to allow their location near any residential district without creating an adverse effect. (Ord. 3414)
Sec. 42-183.1. Uses Permitted.
(1) All uses and conditional uses permitted in any residential district, excluding veterinarian services, animal hospitals, customary agricultural activities.
(2) Offices for professional and business use involving the sale or provision of services, but not the sale or rental of goods, including but not limited to:
(A) Accountant, appraiser, architects, brokers, engineers, insurance agents, interior decorators, landscape architects, lawyers, realtors, travel agency and similar types of professional uses.
(B) Artists, sculptors, photographers.
(C) Authors, writers, composers.
(D) Physicians, dentists, chiropractors, or other licensed medical practitioners, excluding facilities where significant diagnostic or out patient surgery is performed as normally associated with a clinic or hospital.
(E) Teachers of private lessons in art, music or dance.
(F) Museums, libraries, galleries and exhibit halls.
(G) Administrative offices of a single organization or by a single professional organization or society.
(Ord. 3414)
Sec. 42-183.2 Area Requirements.
Minimum size of lot: | |
Area | 6,000 square feet |
Lot frontage | 60 feet at front lot line |
Width | 60 feet at building line |
Maximum percentage of lot that may be occupied by buildings: |
|
All buildings | 40 percent |
Maximum height of buildings | |
Three stories and thirty-six feet | |
Minimum setback dimensions | |
Front yard | 25 feet measured from front lot line |
Side yard | 5 feet measured from side lot line |
Rear yard | 10 feet measured from rear lot line |
(Ord. 3414; Ord. 4398, §§15-16)
Secs. 42-184 to 42-185. Reserved.
DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT
Sec. 42-186. Purpose of the Neighborhood Business District.
This District is intended for uses that provide convenience goods or personal services primarily to people residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood sales and service uses permitted in this District. This District is designed to accommodate compact, freestanding commercial buildings or to function as a transition between more intense commercial uses and residential neighborhoods. Commercial uses permitted in this District are generally required to conduct business activities indoors. Because the permitted retail and personal service uses may be an integral part of the neighborhood, more restrictive requirements for light, air, open space, and building design are made than are provided in other commercial districts. This District should be located along or at the intersections of a collector or higher classification streets. (Ord. 3414)
Sec. 42-186.1. Uses Permitted.
(Ord. 3414; Ord. 3517, §5)
Sec. 42-186.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council, in accordance with Section 42-234.
(Ord. 3414)
Sec. 42-186.3. Area Requirements.
Minimum size of lot: | |
Area | 6,000 square feet |
Lot frontage | 60 feet at front lot line |
Width | 60 feet at building line |
Maximum percentage of lot that may be occupied by buildings: |
|
All buildings | 40 percent |
Maximum height of buildings | |
Three stories and fifty feet | |
Minimum setback dimensions | |
Front yard | 10 feet measured from front lot line |
Side yard | 5 feet measured from side lot line |
Rear yard | 10 feet measured from rear lot line |
(Ord. 3414; Ord. 4398, §§17-18)
Sec. 42-186.4. Buffer-Yard Requirements.
Whenever any development in a C-1 Neighborhood Business District is located adjacent to a residential, office, government or PUD zoning district, screening and buffer yards shall be provided in accordance with Section 42-231. (Ord. 3414)
Secs. 42-187 to 42-188. Reserved.
DIVISION 9. "C-2" GENERAL RETAIL DISTRICT
Sec. 42-189. Purpose of the General Retail District.
This District is intended for uses that provide community-wide personal and business services, shopping centers and specialty shops which depend upon high visibility, generate high traffic volumes or cater to the traveling public. The District is also intended for on-site production of hand crafted items in conjunction with retail sales. No un-screened outside display of merchandise is permitted, except where indicated. Commercial uses permitted in this District are generally required to conduct business activities indoors. The need for community-wide accessibility dictates that this district be located along or at the intersection of two or more arterial or higher classification streets. (Ord. 3414)
Sec. 42-189.1. Uses Permitted.
(1) Any use or conditional uses permitted in the foregoing C‑l District, including existing single‑family and two‑family residential uses.
(2) Any conditional use permitted in the R‑R District.
(3) Athletic clubs.
(4) Auto repair, body and paint shops, radiator repair.
(5) Auto laundries or car/truck wash establishments.
(6) Automobile sales and service, including tire sales, and rental of new or used vehicles (outside display permitted).
(7) Automobile service stations or garages, including sales of petroleum products.
(8) Automobile parts and accessory stores, including installation and repair.
(9) Boat and marine sales and service.
(10) Bowling alleys.
(11) Cold storage and self or mini‑storage facilities.
(12) Drive‑in, pick‑up, and drive‑through restaurants.
(13) Funeral homes, excluding crematoriums.
(14) Furniture and/or appliance stores (new and used), sales and service, including rentals.
(15) Heating and air‑conditioning sales and service, including customized sheet metal fabrication as an accessory activity.
(16) Hotels and motels, and hotel apartments.
(17) Medical equipment and supplies sales and rental.
(18) Medical Marijuana Dispensary Facility.
(19) Miniature golf courses and driving ranges.
(20) Monument sales, retail dealers (outside display permitted).
(21) Parking garages, commercial.
(22) Pest control services.
(23) Pet shops, animal hospitals, clinics and kennels.
(24) Plumbing shops.
(25) Printing, publishing, book binding, and photo‑processing, including drive‑through facilities.
(26) Produce market, retail (outside display permitted).
(27) Radio‑TV. repair shops.
(28) Recreation vehicle or mobile home sales or service (outside storage permitted).
(29) Restaurant, on‑site sales and consumption of alcoholic beverages permitted.
(30) Retail stores and other shops for custom work or making of articles to be sold at retail on the premises.
(31) Retail establishments which provide supplies and/or services primarily to commercial and industrial customers, such as janitorial services, packaging and shipping service, locksmith services, lithographing and engraving, and blueprinting businesses.
(32) Recording studios.
(33) Second hand goods store and pawn shops.
(34) Second hand or used car sales yard, not including wrecking and repairing (outside display permitted).
(35) Skating rinks, swimming pools, gymnasiums, commercial.
(36) Sporting goods sales.
(37) Store and restaurant fixture sales.
(38) Taxi and limousine transportation services.
(39) Reserved. (Ord. 4470, §2)
(40) Theaters, motion picture and performing arts.
(41) Tobacco product sales.
(42) Water, bottled, sales.
(43) Video game arcades.
(44) Seasonal businesses; such as fire works stands, Christmas tree lots, snow cone vendors, and similar outlets that are temporary uses.
(Ord. 3414; Ord. 3566, §1; Ord. 4470, §2; Ord. 4488, §2)
Sec. 42-189.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.
(1) Bars, cocktail lounges, and night clubs (including dance halls).
(2) Billiard or pool halls.
(3) Convenience stores, with or without gas pumps.
(4) Package liquor stores.
(5) Cabinet or carpentry shop.
(6) Advertising services (sign shop).
(7) Laboratories, offices and other facilities.
(8) Medical Marijuana Testing Facility.
(Ord. 3414, Ord. 4488, §3)
Sec. 42-189.3. Area Requirements.
Minimum size of lot: | |
Area | 6,000 square feet |
Lot frontage | 60 feet at front lot line |
Width | 60 feet at building line |
Maximum percentage of lot that may be occupied by buildings: |
|
All buildings | 40 percent |
Maximum height of buildings | |
Four stories and sixty-four feet | |
Minimum setback dimensions | |
Front yard | 10 feet measured from front lot line |
Side yard | 0 feet measured from side lot line |
Rear yard | 10 feet measured from rear lot line |
(Ord.. 3414; Ord. 4398, §§19-20)
Sec. 42-189.4 Buffer-Yard Requirements.
Whenever any development in a C-2 general retail district is located adjacent to a residential, office, government or PUD zoning district, screening and buffer-yard shall be provided in accordance with Section 42-231. (Ord. 3414)
Secs. 42-190 to 42-191. Reserved.
DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT
Sec. 42-192. Purpose of the Highway Commercial District.
This District is intended for business uses which provide essential commercial services and support activities of community and regional significance that require high visibility and may have higher environmental impacts in terms of noise, dust, glare, etc. which may make them incompatible with office or some retail uses. This District is also intended for businesses that combine wholesale, retail, and light manufacturing (assembly) functions on site. Merchandise may be displayed outside without screening. This District is also intended to function as a transition between industrial development and strictly commercial development. (Ord. 3414)
Sec. 42-192.1. Uses Permitted.
(Ord. 3414; Ord. 3493, §3; Ord. 3611, §3)
Sec. 42-192.2. Conditional Uses.
In accordance with Division 16 of this Article and with the issuance of a Conditional Use Permit, the following uses are permitted in the C-3 zoning district.
(Ord. 4414, §3; Ord. 4488, §4)
Sec. 42-192.3. Area Requirements.
Minimum size of lot: | |
Area | 6,000 square feet |
Lot frontage | 60 feet at front lot line |
Width | 60 feet at building line |
Maximum percentage of lot that may be occupied by buildings: |
|
All buildings | 40 percent |
Maximum height of buildings | |
Four stories and sixty-four feet | |
Minimum setback dimensions | |
Front yard | 10 feet measured from front lot line |
Side yard | 0 feet measured from side lot line |
Rear yard | 10 feet measured from rear lot line |
(Ord. 4414, §§ 4-6)
Sec. 42-192.4. Buffer-Yard Requirements.
Whenever any development in a Highway Commercial District is located adjacent to a residential, office, government, or PUD District, screening and buffer-yard shall be provided in accordance with Section 42-230 through Section 42-230.8. (Ord. 3414; Ord. 4414, §§7-8)
Sec. 42-193. Reserved.
DIVISION 11. "CC" CENTER CITY DISTRICT
Sec. 42-194. Purpose of the Center City District.
The CC District is intended to be a mixed-use district that accommodates a variety of residential and commercial uses. It is intended to address the unique character of Rolla's traditional Central Business District, an area that developed early in the City's history, generally encompassing both sides of Rolla and Pine Streets between 6th and 12th Streets, and does not display the features of modern suburban development. This district is designed to support the transition that must occur if the CBD is to experience revitalization. (Ord. 3414; Ord. 3493, §4)
Sec. 42-194.1. Uses Permitted.
(1) Any use or conditional uses permitted in the foregoing GI and C‑3 Districts, except trailers or mobile homes.
(2) Accessory structures and uses, in accordance with Section 42‑204.
(3) Accessory residential uses, either to the rear or above the first floor of a building used for permitted business activities.
(4) Medical Marijuana Dispensary Facility.
(Ord. 3414, Ord. 4488, §2)
Sec. 42-194.2. Area Requirements.
Minimum size of lot:
No minimum
Maximum number of occupants per dwelling unit:
Eight(8), except for incorporated fraternities, sororities, and clubs.
Lot frontage: No minimum
Width: No minimum.
Maximum percentage of lot that may be occupied by building footprint:
100 percent.
Maximum height of buildings:
No maximum
Minimum setback dimensions:
(a)Front yard: None
(b)Each side yard: None
(d)Rear yard: None
Minimum parking requirements:
None, except for new construction where sufficient land area exists to allow the provision of adequate parking consistent with the requirements of this Article.
(Ord. 3414; Ord. 3611, §4; Ord. 4019, §6)
Sec. 42-195. Reserved
DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT
Sec. 42-196. Purpose of the Light Manufacturing District
This District is intended to allow industrial operations and activities that do not create applicable nuisances or hazards. Industrial operations and activities are permitted as long as they do not have an adverse impact on neighboring properties resulting from dust, fumes, noxious odors, glare, vibration, or other atmospheric influence. M-1 light manufacturing activities are generally conducted inside a building, although related outdoor storage and display is permitted. (Ord. 3414)
Sec. 42-196.1 Uses Permitted.
(1) All of the uses listed under Section 42-192.1, except for item "1".
(2) Advertising services (sign shop)
(3) Agri‑businesses.
(4) Asphalt storage.
(5) Blacksmithing.
(6) Broom manufacturing.
(7) Builders supply, hardware and lumberyards.
(8) Bus terminals, maintenance shops.
(9) Cabinet or carpentry shops.
(10) Candle manufacturing.
(11) Canvas goods shops, tents and awnings, manufacture, sales and rental.
(12) Carpet cleaning.
(13) Child care centers.
(14) Clothing, footwear, and leather goods manufacturing.
(15) Cold storage plants.
(16) Concrete batching or transit mix plant (temporary use only).
(17) Construction materials manufacturing and storage.
(18) Heavy machinery, including diesel engine, repairs.
(19) Egg storage, candling or processing plants.
(20) Electronic component manufacture and assembly.
(21) Food products processing, storage, and distribution (except uses listed under the M‑2 District).
(22) Freight terminals.
(23) Furniture packing and crating.
(24) Hatchery, fish or fowl.
(25) Ice manufacturing.
(26) Insulation applicator.
(27) Irrigation sales and service.
(28) Laboratories, offices and other facilities for research, basic and applied.
(29) Live stock sales.
(30) Lumber mills and storage.
(31) Machine shops.
(32 Mattress and bedding manufacturer and renovator.
(33) Magazine and newspaper printing.
(34) Monument manufacture.
(35) Motor freight terminals and depots.
(36) Oil well equipment service, supply and storage.
(37) Pharmaceutical manufacture.
(38) Paper products manufacturing.
(39) Plastic processing and converting.
(40) Prefabricated house manufacture.
(41) Printing, publishing, book binding.
(42) Private utilities.
(43) Produce markets, wholesale.
(44) Sash and door manufacturing.
(45) Seed storage and warehousing.
(46) Sheet metal work shops.
(47) Spray painting.
(48) Store and restaurant fixture manufacturing.
(49) Storage of baling or rags.
(50) Textile manufacturing.
(51) Welding shops, industrial equipment and supply sales.
(52) Wholesale operations, sales office/warehouse combination.
(53) Accessory structures and uses, in accordance with Section 42‑ 204.
(54) Medical Marijuana Cultivation Facility; Medical Marijuana-Infused Products Facility.
(Ord. 3414; Ord. 4414, §10; Ord. 4488, §5)
Sec. 42-196.2. Industrial Environmental Standards.
Businesses located in the M-1 Light Industrial District shall meet the following environmental standards to remain conforming uses:
The emission of smoke, gases, particulate matter shall comply with the standards contained in the Air Quality Standards and Air Pollution Control Regulations for outstate Missouri as published by the Missouri Air Conservation Commission.
No hazardous waste, as defined and published in the list maintained by the Missouri Hazardous Waste Management Commission, shall be generated, unless such waste is limited to less than one hundred (100) kilograms of hazardous waste in one (1) calendar month. If the industry meets this small quantities test, it shall handle those wastes in a accordance with the published rules of the Missouri Hazardous Waste Management Commission.
The noise level at any point along the property line shall not exceed standards established by the U.S. Department of Housing and Urban Development Noise Assessment Guidelines. Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured in compliance with standards prescribed by the American Standards Association.
Certification shall be provided by the Fire Chief that all manufacturing, storage, and waste handling processes on the site shall meet the safety and environmental standards of the National Fire Code. (Ord. 3414)
Sec. 42-196.3. Area Requirements.
Minimum size of lot:
Area: 10,000 square feet.
Lot frontage: 100 feet at front lot line.
Width: 100 feet at building line.
Maximum percentage of lot that may be occupied by building:
All buildings: 85 percent
Maximum height of buildings:
No maximum
Minimum setback dimensions:
Front yard: 35 feet measured from front lot line.
Side yard: 10 feet measured from side lot line.
Rear yard: 20 feet measured from rear lot line.
(Ord. 3414; Ord. 3493, §5; Ord. 3611, §5)
Sec. 42-196.4. Buffer-Yard Requirements.
Whenever any development in an M-1 light manufacturing district is located adjacent to a residential, office, government, commercial, or PUD zoning district, screening and buffer yard shall be provided in accordance with Section 42-231. (Ord. 3414)
Sec. 42-197. Reserved.
DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT
Sec. 42-198. Purpose of the Heavy Manufacturing District
This District is intended for heavy industrial uses and other uses not otherwise provided for in the light manufacturing district. The intensity of uses permitted in this District makes it necessary to separate it from residential districts wherever possible with good accessibility provided to rail and highways. (Ord. 3414)
Sec. 42-198.1. Uses Permitted.
(1) Any use permitted in the M-1 light manufacturing district.
(2) Aluminum manufacture.
(3) Asphalt manufacture or refining.
(4) Blast furnaces.
(5) Boiler making, repairing and boiler works.
(6) Brick, tile, pottery or terra cotta manufacturing.
(7) Canning or preserving manufacture.
(8) Celluloid or similar cellulose material manufacture.
(9) Cement, lime, gypsum or plaster manufacturing.
(10) Central power or lighting plant.
(11) Concrete products manufacturing.
(12) Cooperage works.
(13) Corrugated metal manufacture.
(14) Cotton baling, compressing or ginning.
(15) Cotton storage, open.
(16) Cotton seed products manufacturing.
(17) Curing, tanning or storage of hides.
(18) Die casting manufacture.
(19) Distillation of bones, coal or wood.
(20) Dye stuff manufacture.
(21) Electroplating.
(22) Emery cloth and sandpaper manufacture.
(23) Fat rendering.
(24) Feed grinding and processing.
(25) Fertilizer manufacture.
(26) Flour mills.
(27) Forge plants, foundry or smelter.
(28) Galvanizing.
(29) Glue or gelatin manufacture.
(30) Match manufacture.
(31) Milling, custom.
(32) Oil cloth and linoleum manufacture.
(33) Paint manufacture.
(34) Paper and rag processing and storage.
(35) Paving plants.
(36) Railroad roundhouse, shops, and yards.
(37) Refrigerator manufacture.
(38) Rubber products manufacture or treatment.
(39) Salt works.
(40) Sand blasting.
(41) Septic tank service.
(42) Shoe polish manufacture.
(43) Soap manufacture.
(44) Soda and compound manufacture.
(45) Steel fabrication plants.
(46) Stone cutting.
(47) Tank manufacture.
(48) Reserved. (Ord. 4470, §2)
(49) Tile roofing manufacture.
(50) Wool pulling or scouring.
(51) Yeast plants.
(Ord. 3414; (Ord. 4470, §2)
Sec. 42-198.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-231.
(Ord. 3414)
Sec. 42-198.3. Permitted and conditional uses in the M-2 (Heavy Manufacturing District shall comfy with Section 42-195.2.
Sec. 42-198.4. Area Requirements.
Minimum size of lot: | |
Area | 25,000 square feet |
Lot frontage | 100 feet at front lot line |
Width | 100 feet at building line |
Depth | 250 feet from front lot of line |
Maximum height of buildings | |
No maximum | |
Minimum setback dimensions | |
Front yard | 35 feet measured from front lot line |
Side / rear yards | 20 feet from side / rear lot line 100 feet if adjoining a residential zoning district |
Sec. 42-198.5. Buffer-Yard Requirements.
Whenever any development in an M-2 heavy manufacturing district is located adjacent to a residential, commercial, government, PUD, or M-1 zoning district, screening and buffer- yard shall be provided in accordance with Section 42-231. (Ord. 3414)
Secs. 42-199 to 42-200. Reserved.
DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT
Sec. 42-201. Purpose of the Planned Unit Development District.
The intent of the Planned Unit Development (PUD) District is to encourage more creative, flexible, and imaginative land development than is possible under conventional zoning regulations. It is intended to permit, upon the approval of a Development Plan and subject to the procedures and standards in this Division, the creation of PUD Districts for any type of land use.
The suitability of each tract considered for PUD District designation shall be determined in accordance with the Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the over-crowding of land, to avoid undue concentration of population, to preserve features of historical significance, to facilitate the adequate provision of transportation, water and sewerage service, schools, parks, and other public requirements, and with a reasonable consideration being given to among other things, the character of the district and its peculiar suitability for particular uses and with a view to conserving the land throughout the City.
The procedures and standards herein established are intended to replace protections for substantive regulations in recognition that traditional density, bulk, spacing and use regulations, which may be useful in protecting developed areas, may impose inappropriate and unduly rigid restrictions on the development or redevelopment of parcels which lend themselves to an individual, planned approach. Approval of a PUD should promote the following goals:
Sec. 42-201.1. Effect of PUD District Approval.
The approval of a PUD District shall constitute an amendment to the zoning ordinance. Designation of a parcel as a PUD District shall supersede all existing and prior zoning classifications and requirements. Requirements, such as density, bulk, spacing and use regulations, may vary from, and be more or less restrictive, than the prior zoning classification. Such property shall for zoning purposes be identified as a PUD on the zoning map. (Ord. 3414)
Sec. 42-201.2. Uses and Densities Permitted.
The Development Plan and application shall specify for the entire project and/or for sub-areas within a project, those permitted primary and accessory uses and development densities. The City Council may include or exclude uses or attach conditions to achieve the intent of these regulations. The Council may consider land use compatibility and relationships between uses in the project area, outside the project area in relation to the PUD District, and the appropriateness of permitted uses given their impact on the entire community. (Ord. 3414)
Sec. 42-201.3. Application and Fee.
Prior to submitting an application and fee, the applicant may provide a sketch plan. However, in order to initiate the review process for the approval of a PUD District designation and the accompanying Development Plan, the applicant, who may be the property owner(s) or any person having a contractual interest in the subject property, or an agent of the applicant must submit a PUD application, a Preliminary Development Plan, and the PUD application fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
(Ord. 3414; Ord. 4401, §10-11)
Sec. 42-201.4. Procedure.
Applications for a PUD District shall be evaluated using the following review process:
(a) Sketch plan.
(b) Preliminary Development Plan.
(c) Final Development Plan.
(Ord. 3414)
Sec. 42-201.5. Sketch Plan.
A sketch or concept plan may be provided prior to filing a Preliminary Development Plan for review by the Community Development Director and other City department heads. (Ord. 3414; Ord. 3493, §6)
Sec. 42-201.6. Preliminary Development Plan Purpose and Intent.
The Preliminary Development Plan is intended to provide the applicant with the opportunity to submit information showing the basic concept, character and nature of the entire proposed PUD District without becoming involved in the preparation of a detailed plat or engineering drawings. It permits the developer to proceed with some assurance that a Final Development Plan will be approved. Developers may elect to forgo the Preliminary Development Plan step. Final Development Plans, however, must contain the same information required for Preliminary Development Plans.
Approval of a Preliminary Development Plan binds the applicant and the City with respect to the following development constraints:
(a) Categories of permitted uses;
(b) Overall maximum density of residential uses and intensity of non-residential uses;
(c) General location of vehicular and pedestrian circulation systems;
(d) General location and extent of public and private open space;
(e) General location of residential and non-residential land uses; and
(f) Phasing of development, if appropriate.
(Ord. 3414)
Sec. 42-201.7. Preliminary Development Plan Application.
Five (5) copies of the completed Preliminary Development Plan application shall be submitted in a form and containing such information as shall be prescribed by the Community Development Director in written rules, but shall in all instances contain at least the following information which shall, taken together, constitute a Preliminary Development Plan:
Sec. 42-201.8. Effect of Preliminary Development Plan Approval.
A Preliminary Development Plan, having been reviewed and approved by the Planning and Zoning Commission, shall not be modified, revoked, or otherwise altered pending the approval of a Final Development Plan by any action of the City without consent of the applicant. The applicant shall proceed to file a Final Development Plan, in accordance with the provisions in the following Section, with the Planning and Zoning Commission. (Ord. 3414)
Sec. 42-201.9. Final Development Plan Purpose and Application.
The Final Development Plan is intended to particularize, refine and implement the Preliminary Development Plan. The application for Final Development Plan may include the entire area included in the approved Preliminary Development Plan or one or more phases thereof in accordance with the phasing schedule as part of the Preliminary Development Plan. The application shall contain a plan which is in substantial conformity with the Preliminary Development Plan. Additional information shall be provided as prescribed by the Planning and Zoning Commission or City Council, but shall in all cases include the information and documentation found in the Preliminary Development Plan, and:
A legal description of the property for which the Final Development Plan approval is sought;
If necessary, a subdivision plat that includes a survey of the entire property certified by a registered land surveyor shall be submitted. Plats shall be in compliance with the Rolla subdivision regulations;
A Landscape Plan that specifies the design, description and arrangement of required landscaping for all areas, including materials and techniques used in accordance with Section 42-201.12. The articles of incorporation and by-laws of the private organization charged with maintaining the open space and buffer yards, if appropriate, shall be provided, in accordance with Section 42-302;
Copies of any restrictive covenants that are to be recorded with respect to the property included in the Final Development Plan;
Development plans, indicating placement of water mains, sanitary and storm sewers, gas, electric and telephone lines, and related facilities
A statement summarizing all changes which have been made in any document, plan, or data previously submitted, together with revised copies of any such document, plan, or data, if appropriate;
Proof of recording any easements and restrictive covenants prior to the sale of any land or structure or portion thereof within the PUD and of the establishment of any entity that is responsible for the management and maintenance of any public or private open space or buffer yard;
All certificates, seals and signatures required for the dedication of land and the recording of documents;
Such other information as the Planning and Zoning Commission and City Council shall find necessary to a full consideration of the entire PUD or any phase thereof.
If the Planning and Zoning Commission finds that there is substantial conformity between the Preliminary and Final Plans, including the provisions of this Article and all other federal, state, or city codes, it shall recommend approval of the Final Development Plan with any conditions imposed by such recommendation. (Ord. 3414; Ord. 3493, §6)
Sec. 42-201.10. Substantial Conformity Defined.
A Final Development Plan shall be deemed to be in substantial conformity with an approved Preliminary Development Plan if it:
Does not increase maximum density approved in the Preliminary Development Plan more than five (5) percent;
Does not increase the maximum height of any structure by more than five (5) percent,
Does not decrease by more than five (5) percent the area approved for open space or change the general location of such areas;
Does not alter the approved traffic circulation elements that would decrease the ability of such elements to function efficiently or adversely affect their relation to surrounding land uses and circulation systems;
Does not significantly alter the arrangement of land uses within the PUD;
Does not violate any provision of the codes and ordinances applicable to the proposed PUD; and
Does not depart from the Preliminary Development Plan in any manner which the Planning and Zoning Commission and City Council shall, based on the stated findings and conclusions, determine to materially alter the development concept for the proposed PUD. (Ord. 3414)
Sec. 42-201.11. Effect of Final Development Plan Approval and Amendments.
Upon Final Development Plan approval by the City Council with or without modifications accepted by the applicant and upon application, all appropriate officials of the City may issue building and other permits to the applicant. The Community Development Director may authorize minor adjustments to the approved Final Development Plan when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual site development. Otherwise, such an amendment will be classified as a major amendment to the Final Development Plan that must go through the entire PUD application and approval process as described in this Division. However, instead of the applicant being required to pay the full PUD application fee, the applicant must only pay the major amendment fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
(Ord. 3414; Ord. 4401, §§12-14)
Sec. 42-201.12. Landscape Plans.
Landscape Plans are a required component of Development Plans under the PUD regulations of this Article. Landscape Plans shall contain the minimum following information:
Landscape Plans shall provide, to the maximum extent practicable, for the preservation of existing mature trees in the City. A Plan that provides for the clear cutting of a development tract or lot shall only be approved if the developer or contractor establishes by clear and convincing evidence that the development will not be economically viable unless clear cutting is permitted. (Ord. 3414)
Secs. 42-202 to 42-203. Reserved.
ARTICLE III ZONING
DIVISION 15. SUPPLEMENTAL REGULATIONS
Sec. 42-204. Accessory Structures and Uses - Purpose and Definition.
An accessory structure is a building or structure that is located on the same lot as the main or primary building or structure and is subordinate to and detached from the main building, but is not used for human habitation. Accessory uses are consistent with and supplemental to the permitted uses in the zoning district. (Ord. 3414)
Sec. 42-204.1. Permitted Accessory Structures.
Any structure or use that meets the definition of an accessory structure or use may be allowed in any district.
Sec. 42-204.2. Location of Accessory Buildings or Structures in a Residential District.
An accessory building or structure in a residential district shall be located:
(Ord. 3414; Ord. 3493, §7; Ord. 3611, §6)
Sec. 42-204.3. Accessory Buildings or Structures in Commercial or Manufacturing Districts.
The location of accessory buildings or structures in a commercial or manufacturing zoning district shall be located consistent with the height, setback, and bulk standards. (Ord. 3414)
Secs. 42-205 to 42-206. Reserved.
Sec. 42-207. Customary Home Occupations - Purpose and Definition.
This section is designed to define what constitutes a home occupation and to enumerate the particular home occupations that are permitted. Customary home occupations are defined as any activity carried out for compensation in a residential dwelling unit. No home occupation shall be permitted if it:
Sec. 42-207.1. Customary Home Occupations Permitted.
Customary home occupations include the following activities:
Sec. 42-207.2. Use Limitations.
No person other than someone related by blood, marriage, adoption or custodial relationship to the person conducting the home occupation and who also resides in the dwelling unit shall be employed in the home occupation;
The home occupation shall be conducted entirely within the principal residential building and shall be limited to one (1) room;
No manufacturing or processing of any sort whatsoever shall be done, except as permitted by Section 42‑207.2. (6);
No stock in trade, except articles produced by members of the family residing on the premises, shall be stored on the premises;
No alteration of the principal residential building shall be made which changes the character thereof as a dwelling;
The home occupation shall not produce offensive noise, vibration, smoke, electrical interference, dust, odors or heat. Any noise, vibration, smoke, electrical interference, dust odors, or heat detectable beyond the property lines or beyond the walls of the dwelling unit, if the unit is part of a multifamily structure, shall constitute a violation;
No mechanical or electrical equipment other than normal domestic or household equipment shall be used;
There shall be no outdoor storage of equipment or materials used in the home occupation;
The receipt or delivery of merchandise, goods or supplies for use in a home occupation shall be limited to the United States mail, similar parcel delivery service, or private vehicles with a gross vehicle weight rating of 24,000 pounds or less; and
Not more than one commercial vehicle utilized in the business shall be parked on site. (Ord. 3414; Ord. 4453)
Sec. 42-207.3. Particular Occupations Prohibited.
(Ord. 3414)
Secs. 42-208 to 42-209. Reserved.
Sec. 42-210. Supplemental Open Space and Yard Regulations.
In addition to the area requirements set out before, the following open space and yard regulations shall also apply: (Ord. 3414)
Sec. 42-210.1. Front Yard Regulations.
All property shall have a front yard not less than prescribed by this Article, except for the following instances:
Meets the criteria described in Subsection 42-210.4(a)
If permitted by a variance, special exception, or an approved Planned Unit Development
Where an irregular shaped lot has more area than required for its particular district, lot width may be computed including the most usable portion satisfying the minimum area requirements.
Where a residential building is located in a commercial district, the setback required in the residential district shall apply. (Ord. 4428, §§7-8)
Sec. 42-210.2. Side Yards - Corner Lots.
The required side yard for a corner lot shall be one-half of the required front yard setback for that particular lot or a minimum of ten feet, whichever is larger. This provision shall apply only to the side yard adjoining a street. (Ord. 3414; Ord. 3566, §3; Ord. 4428, §10)
Sec. 42-210.3. Yards Open.
Except as specified in this Section, all yards required by this Article shall be open and unobstructed to the sky. (Ord. 3414)
Sec. 42-210.4. Exceptions to Yard Regulations.
Where buildings exist on adjacent lots (lots that are near, but not necessarily abutting) that front the same street as an empty lot, the required setback for new buildings on the empty lot may be reduced to align with the frontages of the other adjacent existing buildings rather than the provisions of this Article. However, in the usage of this provision, no front or street-side side setback shall be reduced to less than five feet for interior lots and less than ten feet for corner lots. If the required setback is reduced in this manner, the structure will be considered to be conforming to the setback provisions of this article and will not be given the status of a nonconforming structure.
Where compliance with the yard regulations cannot reasonably be accomplished because of irregular shaped lots or hillside lots; the Board of Adjustment may modify such regulations.
Where an irregular shaped lot has more area than required for its particular district, lot width may be computed at the most usable portion of the lot. (Ord. 3414; Ord. 4428, §§11-12)
Sec. 42-210.5. Permitted Projections and Structures in Required Yards.
The following projections may be located in a required yard:
Cornices, eaves, gutters, belt courses, sills, and other similar architectural features, shall not extend into a required side yard by more than two feet and shall not extend into a required front or rear yard by more than three feet;
Awnings, arcades, canopies, marquees, and galleries are permitted to encroach the sidewalk to within two feet of the curb, but must clear the sidewalk vertically by at least eight feet.
Open (i.e. no roofs or cover) fire escapes and open stairways not associated with a porch shall be permitted to extend into a required rear or side yard by no more than 50% of the required yard’s depth (open stairways associated with a porch or balcony will be considered part of the porch) and open handicapped ramps are permitted in 100% of all yards.
In R-1 and R-R, bay windows and unenclosed balconies, porches, stoops, terraces, and their eaves shall be permitted to extend into the required front yard or into the required street-side side yard of a corner lot by no more than 50% of the yard’s depth.
In any residential district that is not R-R or R-1, bay windows and unenclosed balconies, porches, stoops, terraces, and their eaves shall be permitted to extend into the required front yard or into the required street-side side yard of a corner lot by no more than 80% of the yard’s depth, but no such projection shall be closer than five feet to the front lot line of an interior lot and closer than ten feet to the street-side side lot line or front lot line of a corner lot. In addition, all components of such a structure or projection shall be contained within the lot.
If porches, steps, platforms, carports, landing places, and other similar projections extend into minimum required yards, they shall not be enclosed or temporarily enclosed nor shall the open sides be blocked by such contraptions as shades.
Any fence, hedge, statuary, arbors, or trellises in the front yard shall comply with the provisions of Section 42-211.1.
If a chimney is set back from any side lot line by at least three feet, chimneys may project thirty inches or less into any yard.
Flag poles.
Signs, as permitted in this Article.
If an open carport is at least ten feet from the rear or front lot line and three feet from all side lot lines, a carport that does not extend above the first floor of the building is permitted to extend up to ten feet into any yard. This provision does not apply to closed carports. (Ord. 4428, §§13-14)
Sec. 42-210.6. Permitted In Any Yard, Except Front Yards:
Sec. 42-211. Vision Obstruction Restrictions- Purpose.
The following Section is intended to establish regulations governing the placement of natural or man-made obstructions to vision. (Ord. 3414)
Sec. 42-211.1. Obstructions in Required Yards.
Sec. 42-212. Zero Lot Line Construction - Purpose.
The purpose of zero lot line construction is to permit a procedure for development that will result in improved living and working environments; which will promote more economic subdivision layout; which will encourage a variety of types of residential dwellings; which will support ingenuity and originality in total subdivision design; and which can preserve open space to serve the recreational, scenic and public service purposes related thereto, all within the densities established by the zoning district in which the zero lot line construction is permitted. (Ord. 3748, §8)
Sec. 42-212.1 Zero Side Yard.
The required side yard setback in the R-1 and R-2 Districts may be zero (0) on one side of the lot provided:
(Ord. 3748 §8)
Sec. 42-212.2 Zero Rear Yard.
The required rear yard setback in the R-1 and R-2 Districts may be zero (0) provided:
(Ord. 3748 §8)
Sec. 42-212.3 Location of Zero Yards.
No lot may have both a zero (0) side yard and a zero (0) rear yard. (Ord. 3748, §8)
Sec. 42-212.4 Recording Maintenance and Use Easements.
Appropriate maintenance and use easements shall be included on the final plat for all affected properties. Where a final plat is not required, the maintenance and use easement shall be included in the deed or deeds for all affected properties. (Ord. 3748, §8)
Sec. 42-212.5 Placement of Zero Yard Wall.
The zero (0) side or rear yard wall shall be placed precisely on the lot (property line) with a perpetual maintenance easement on the adjacent lot. (Ord. 3748, §8)
Sec. 42-212.6 Application and Review.
Before construction of a zero lot line dwelling commences, an application, accompanied by a precise site plan, shall be submitted to the Planning and Zoning Commission and approved or conditionally approved by the Commission prior to the issuance of building permits for the dwelling. Said plan shall delineate all structures proposed for initial construction. The Commission, after review, may approve, conditionally approve, or deny the proposed plan. In its review, the Commission shall consider placement of all structures, building material, finishing of the wall constructed along the side or rear lot line, and any impacts on adjacent property owners. (Ord. 3748, §8)
Sec. 42-213. Exterior Lighting Standards - Purpose.
The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Safety considerations form the basis of these regulations pertaining to motor vehicle use. In other cases, both the nuisance and hazard aspects will be regulated. This section is not intended to apply to public street lighting, signs, or seasonal displays. (Ord. 3748, §9)
Sec. 42-213.1 Standards.
The following standards are required of all exterior lighting, subject only to the exemptions permitted in Section 42-213.2.
Sec. 42-213.2 Exemptions.
Sec. 42-214. Noncommercial, Not-For-Profit Neighborhood Facilities - Purpose.
The purpose of these requirements is to provide opportunities for necessary and desirable noncommercial, not-for-profit neighborhood facilities while minimizing possible adverse impacts of such facilities on the surrounding neighborhood. (Ord. 3414)
Sec. 42-214.1. Standards.
Sec. 42-215 to 42-216. Reserved.
Sec. 42-217. Common Open Space and Improvement Regulations.
Sec. 42-217.1. General Provisions.
The regulations set forth in this Section shall apply in all developments where the following features are held in common ownership by persons owning property within a development.
Sec. 42-217.2. Condominium Property Act.
Except where it can be demonstrated that the provisions of this Section can be satisfied by other means, all lands and improvements, as set forth in this Section. shall be established and maintained in accordance with the Condominium Property Act, Chapter 448, Missouri State Statutes. (Ord. 3414)
Sec. 42-217.3. Subdivision Approval Required.
All subdivision of property containing common open space and common improvements shall be considered a subdivision and subject to review in accordance with the provisions of Article II, Subdivisions. (Ord. 3414)
Sec. 42-218. Property Owner's Association.
All common open space and improvements shall be protected by legal arrangements that are satisfactory to the City and sufficient to assure their maintenance and preservation for the purposes intended. Covenants or other legal arrangements shall specify ownership of the common open space and common improvements, method of maintenance, responsibility for maintenance, maintenance taxes and insurance; compulsory membership and compulsory assessment provisions; guarantees that any association formed to own and maintain common open space and common improvements will not be dissolved without the consent of the City, and other specifications deemed necessary by the City. (Ord. 3414)
Sec. 42-218.1. Covenants, Rules and By-laws.
Any restrictive covenants, rules and by-laws of the ownership unit, as prepared in accordance with Chapter 448, Missouri State Statutes, shall be approved by the City before any final plat is recorded. Such documents, once approved, shall become part of the recorded subdivision plat. The covenants and restrictions shall provide:
(Ord. 3414)
Sec. 42-218.2. Maintenance of Common Open Space and Improvements.
The City may require that, in order to assure adequate maintenance of common open space and improvements, any restrictive covenants, rules and by-laws created for the unit of ownership specify that the City may serve written notice to the association as to their failure to maintain the common open space and improvements in reasonable order. The notice shall describe how the unit of ownership has failed to maintain the common open space and improvements in reasonable condition and shall require that such deficiencies be remedied within thirty (30) days, setting a date and place of a public hearing. Said hearing shall be held within twenty (20) days of notice.
If said deficiencies are not corrected, the City may enter upon the common open space and improvements to maintain the same for one (l) year in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance. Entry upon and maintenance of the common open space and improvements shall not grant the public any rights to use the facilities, unless the owners dedicate the same to the public.
At or before the expiration of one (1) year, the City shall give notice and hold another public hearing to determine if the ownership unit is capable of adequately maintaining the common open space and improvements. The City may, at its discretion, continue to maintain the common open space and improvements for one (1 ) or more additional years if it finds that the ownership unit is not able to adequately maintain the common open space and improvements. The rules and by-laws creating the ownership unit shall provide that the cost of such City maintenance shall be assessed ratably against the individual properties within the development that have a right to use the common open space and improvements. This assessment shall constitute a lien against all properties within the unit ownership. (Ord. 3414)
Sec. 42-218.3. Maintenance Responsibility.
The initial maintenance of the common open space and improvements within the development shall be the responsibility of the developer until the restrictive covenants, rules, and by-laws of the unit of ownership are established and maintenance responsibility is transferred to a duly constituted owner's association. The developer shall retain this maintenance responsibility, regardless of the status of the ownership unit, until fifty (50) percent of the development has been sold to the unit owners or other clients.
The developer maintenance responsibility shall be specifically indicated in a letter of agreement between the developer and the City, submitted at the time of Final Plat Review. (Ord. 3414)
Sec. 42-219 to 42-220. Reserved.
Sec. 42-221. Urban Conservation and Redevelopment Areas.
The City Council may permit a modification of the requirements of this Article in an area where an Urban Conservation or Redevelopment Plan, enacted pursuant to Article VI, Sections l9 and 21 of the Constitution of the State of Missouri, has been adopted to encourage urban conservation and support private sector reinvestment. This action may be necessary to encourage projects that conserve and preserve urban resources and that promote the stabilization and economic development of an area, provided the following conditions are met:
(Ord. 3414)
Sec. 42-222. Family Child Care Homes.
A permit application for a family child care home shall be completed and filed with the Community Development Department on forms prescribed for that purpose and accompanied by a processing fee of fifty dollars ($50.00). Family child care homes shall satisfy, in addition to satisfying all Missouri Department of Health and Phelps/Maries County Health Department standards, the following requirements as a condition for receiving a permit from the City of Rolla:
(Ord. 3517, §1)
Sec. 42-223. Reserved.
Sec. 42-224. Residential Group Homes - Purpose.
Residential group homes for eight (8) or fewer unrelated mentally or physically handicapped persons that may include up to two (2) house parents or guardians when:
Sec. 42-225 to 42-226. Reserved.
Sec. 42-227. Screening and Fencing - Purpose.
To encourage the most appropriate land use and protect the privacy and property values of adjacent permitted uses, regulations are prescribed herein for the location and type of various screening devices to be used when required by this Division. (Ord. 3414; Ord. 3886, §1; Ord. 4322, §1)
Sec. 42-227.1. Location and Height.
The following shall be required in addition to any required landscaping or buffer-yard.
Off-street parking areas.
Where an open off-street parking area for a multifamily residential use contains five (5) or more off street parking spaces and is adjacent to an R-1 or R-2 District, screening of not less than four (4) feet in height and meeting the requirements of Section 42211, Vision Obstruction Restrictions, shall be erected separating the off street parking area from the adjacent residential district. No screening is required for parking spaces fronting a public rightofway, except as required under Section 42230.5. (2).
Where an open off street parking area for a nonresidential use is in or adjacent to any residential district, screening of not less than four (4) feet in height and meeting the requirements of Section 42211, Vision Obstruction Restrictions, shall be erected separating the parking area from the adjacent residential district. No screening is required for parking spaces fronting a public rightofway, except as required under Section 42230.5 (2) or if a buffer-yard is required under Section 42-230.6.
(Ord. 3414; Ord. 3886, §1; Ord. 4322, §1)
Sec. 42-227.2. Screening and Fencing Standards.
Sec. 42-227.3. Maintenance.
Property owners shall be responsible for maintaining the required screening materials in a neat and orderly manner at all times. Plant materials which die shall be replaced with healthy plant materials of similar variety and meeting the size requirements of this Section. (Ord. 3414; Ord. 3886, §1)
Sec. 42-227.4. Additional Screening and Fencing.
The City may require screening and fencing of outside storage and display areas in nonresidential districts in addition to or in lieu of the requirements of this Article. The screening or fencing shall be of adequate height to effectively mask the specified area, but in no instance shall the screening or fencing be above seven (7) feet in height. (Ord. 3414; Ord. 3886, §1)
Sec. 42-227.5. Buffer Areas.
Whenever a buffer-yard is required per this Article, the screening required by this section shall be construed to be an additional requirement. (Ord. 3886, §1)
Sec. 42-228. Development Requirements..
The following development requirements apply to all new development and redevelopment of property. General development requirements are intended to provide for orderly, predictable, and attractive development within the city. (Ord. 4523, §2)
Sec. 42-228.1 Sidewalks.
Sec. 42-229. Reserved.
Sec. 42-230. Landscaping and Buffer-Yards - Purpose.
These regulations provide standards and criteria for landscaping in all new construction projects which are intended to enhance the value of property, provide buffers between dissimilar uses, improve the physical appearance of the City and maintain an ecological balance. Landscaping and buffer-yards are intended to lessen the adverse impacts of more intense land uses when they are adjacent to less intense uses. Rural residential, single-family and two-family development, and uses in the C-O Office District are exempt from these regulations because such uses rarely create adverse impacts. (Ord. 3414)
Sec. 42-230.1. Screening and Fencing.
All screening or fencing under this Section shall be in addition to any buffer-yard or area required in Section 42-23 l . (Ord. 3414)
Sec. 42-230.2. Enforcement.
In the event of a nonconformity with the standards and criteria of this Section, property owners, including any known tenants or agents, shall be notified citing the violation and describing what actions are required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from the notice date to restore the required landscaping. Failure to comply with the notice shall be considered a violation of this Article. (Ord. 3414)
Sec. 42-230.3. Maintenance.
The property owner shall at all times remain responsible for maintaining all required landscaping in a neat and orderly manner. Plant materials shall be maintained in a healthy and growing condition that is appropriate for the season of the year. Dead plant materials shall be replaced with a similar variety plant material meeting the size requirement of this Section. (Ord. 3414)
Sec. 42-230.4. General Standards for Trees.
Trees referred to in this Section shall be of a species common to or adapted to this area of Missouri as documented by the Missouri Department of Conservation. Caliper measurements shall be taken six (6) inches above grade. Trees shall have the following characteristics:
The Community Development Director may waive rules regarding setbacks and buffer- yards to preserve trees of exceptional quality due to size, large canopy cover, trunk diameter, rarity, age or species when written consent has been received from the owners of abutting property. Where such written consent is not filed, waiver may be granted by the Board of Adjustment as a variance according to the standards, notice and other procedures pertaining to variances.
(Ord. 3414)
Sec. 42-230.5. Minimum Requirements for Off-Street Parking Areas.
Interior and perimeter of parking lots shall be landscaped in accordance with the following criteria. Lots of one (1) acre or less shall be exempted from this regulation as are parking areas which are located under, on, or within buildings.
(Ord. 3414; Ord. 3493, §8)
Sec. 42-230.6 Buffer-Yard Standards.
Buffer-yards shall be required as shown on the Table of Buffer-yard Requirements. A buffer-yard shall be provided for a proposed commercial or industrial development when it will be located in a zoning district listed in the left-most column of the table and the development is adjacent to a zoning district listed across the top of the table. Commercial or industrial developments adjacent to a PUD district shall provide a buffer-yard based on the corresponding zoning district of the existing or proposed uses permitted in the PUD district as determined by the Community Development Director. Buffer-yards are not required if there is an intervening public street between the districts with a right-of-way width of fifty (50) feet or more or if a railroad right-of-way separates the two districts.
All or a portion of a buffer-yard may be used to satisfy a required setback, but in no instance shall parking spaces or outside storage/display be permitted in a buffer-yard.
Table of Buffer-Yard Requirements
Adjacent Zoning District | |||||||||||||
Development Zoning District | R-R | R-1 | R-2 | R-3 | GI | C-O | C-1 | C-2 | C-3 | M-1 | PM-2 | PUD | |
C-1 | B | B | A | A | A | A | * | * | * | * | * | A | |
C-2 | D | D | C | C | C | C | * | * | * | * | * | C | |
C-3 | E | E | C | C | C | C | * | * | * | * | * | C | |
M-1 | F | F | E | E | D | D | C | C | C | * | * | C | |
M-2 | G | G | F | F | E | E | D | D | D | C | * | C |
* No buffer-yard required
Sec. 42-230.7. Buffer-Yard Definitions.
(a) Buffer-yards are defined in terms of the number of plant units required for each one-hundred (100) linear feet. The number of plant materials required shall be rounded up when a fraction is calculated. Property owners may increase the width and planting density of the buffer-yard.
Required plantings per 100 linear feet
Canopy tree(s) | Under-story trees | Evergreen trees | Shrubs | |
Buffer yard A | 1 | 1 | 2 | 10 |
Buffer yard B | 1 | 2 | 2 | 12 |
Buffer yard C | 3 | 2 | 2 | 16 |
Buffer yard D | 3 | 3 | 4 | 20 |
Buffer yard E | 4 | 3 | 4 | 24 |
Buffer yard F | 4 | 4 | 5 | 28 |
Buffer yard G | 5 | 4 | 5 | 34 |
Sec. 42-230.8. Sight Distance and Utility Easements.
(Ord. 3414)
Sec. 42-231 Boundary Description of the Rolla Arts & Entertainment Overlay District.
Beginning at the center of the Burlington Northern Santa Fe Railroad tracks and the south right-of-way line of Seventh Street; thence in an easterly direction, to the southeast intersection of Seventh Street and Olive Street; thence in a northerly direction, to a point eighty feet north of the northeast intersection of Seventh Street and Olive Street; thence in an easterly direction, a distance of two hundred and twenty-eight feet to the west right-of-way line of Cedar Street; thence in a northerly direction, along the west right-of-way line of Cedar Street to the southwest intersection of Tenth Street and Cedar Street; thence in an easterly direction, along the south right-of-way line of Tenth Street to a point three hundred and five feet east of the intersection of Tenth Street and Cedar Street; thence in a southerly direction, one hundred and ninety-five feet; thence west two hundred and forty-four feet to the east right-of-way line of Cedar Street; thence in a southerly direction, to the southeast intersection of Cedar Street and Seventh Street; thence in an easterly direction, along the south right-of-way line of Seventh Street, to the southwest intersection of Seventh Street and Maple Street; thence in a southerly direction, along the west right-of-way line of Maple Street to the northwest intersection of Fifth Street and Maple Street; thence in a westerly direction along the north right-of-way line of Fifth Street, to the center of the Burlington Northern Santa Fe Railroad tracks; thence in a northeasterly direction, along the center of the Burlington Northern Santa Fe Railroad tracks, to the southeast intersection of Seventh Street, also being the point of beginning. (Ord. 3946)
Sec. 42-231.1. Purpose of the Rolla Arts & Entertainment Overlay District
The purposes of the overlay district are to encourage the preservation, enhancement, expansion and integration of the arts and associated cultural activities, including arts-related support uses, within the area defined as the RA&ED. Additional purposes are to encourage a scale of development, a mixture of building uses, and other attributes, such as safe and attractive conditions for pedestrian and vehicular movement, all of which are consistent with the goals of the RA&ED Urban Conservation and Redevelopment District Plan. The overlay district is intended to expand business and job opportunities by helping Rolla become a destination point for visitors. Finally, this designation as an overlay district will strengthen the design character and identity of the district as a place devoted to promoting the arts and entertainment. (Ord. 3946)
Sec. 42-231.2. General Provisions.
Development in the RA&ED shall be governed by the overlay district regulations and the underlying zoning regulations. Where there are conflicts between this Division and the underlying zoning, the more restrictive regulations shall govern. The requirements of this Division and the underlying zoning regulations shall apply to all new construction and to any renovation of, addition to, or repair of existing buildings in the RA&ED. (Ord. 3946)
Sec. 42-231.3. Definitions.
Words found in the text of this Division shall be interpreted in accordance with the provisions set forth in this section. Where words are not defined, the standard dictionary definition shall prevail. The following terms have the meanings indicated:
Sec. 42-231.4. Uses Permitted.
Real property within the RA&ED shall continue to be subject to the use regulations of the underlying zoning district in which it is located, except that certain uses, as outlined in Section 42-199.3, shall be allowed in the RA&ED. Additional uses permitted in the RA&ED include:
Sec. 42-231.5. Site Plan Review.
The review and approval of a site plan, as specified under Division 16, Conditional Use Permits, Section 42-234, shall be required for any new building construction or the renovation of or addition to any building where the total cost of renovation or addition shall exceed seventy five (75) percent of the building's current market value. (Ord. 3946)
Sec. 42-231.6. Parking.
Required parking spaces may be shared with other uses to meet all or a portion of the parking requirement for the uses on a lot, provided these spaces are located in the RA&ED or within two blocks of the district. The respective cooperating property owners shall execute an agreement that identifies the designated parking spaces and specifies the time of day when they shall be available. This agreement shall be filed with the Community Development Department. (Ord. 3946)
Sec. 42-231.7. Sign Standards.
Only on-premise signs are permitted. Signs may be internally illuminated, but shall not use blinking, flashing, animated, or other illuminating devices which alters light intensity. No beacons or strobe lights shall be permitted.
One (1) detached sign may be used by each premise containing a multi-family use with three (3) or more housing units, an artist's live/work space, or a permitted non-residential use. No detached sign shall exceed thirty five (35) square feet in effective area or be located five (5) feet above the ground area upon which the sign is located.
One (1) attached flush mounted wall sign may be used on each building. The sign shall not exceed twenty five (25) square feet in effective sign area. (Ord. 3946)
Sec. 42-231.8. Litter Control.
Waste cans, dumpster units, or other forms of litter control and refuse disposal devised shall be placed on the site in a location where they are least visible from a public right-of-way. Each litter control device shall be enclosed so that no part of the device shall be visible from public right-of-way or from adjoining properties. (Ord. 3946)
Sec. 42-231.9. Other Zoning Regulations.
All property in the area shall continue to be zoned as shown on the Official Zoning Map until such time as the City Council shall vote to modify the Official Zoning Map pertaining to individual lots. (Ord. 3946)
Sec. 42-232. Family Entertainment and Recreation Complex – Purpose
It is hereby declared to be the policy of the City of Rolla, Missouri to license and regulate Family Entertainment and Recreation Complexes for the purpose of preserving and caring for the safety, health, comfort and general welfare of residents and visitors who may be attracted to and use such a facility, having in mind that many young persons require more care and attention than those of a more mature age. These rules are fashioned to the end that order may be maintained, property protected and the purpose, specified above, preserved. (Ord. 4090, §1)
Sec. 42-232.1. Definitions.
For the purposes of interpretation and enforcement, and unless the context requires otherwise, words and terms used in this section shall have the meanings ascribed to them as follows:
Family Entertainment and Recreation Complex (FERC): A for profit business primarily engaged in the provision of multiple and diversified recreation and entertainment venues designed to support a range of entertainment and recreational needs of varied age groupings. Specific services or activities in a FERC may include a variety of complementary, mixed uses, such as movie theaters or other theatre, billiard or pool rooms, arcade games, laser tag, ball pit, snack bar/restaurant (with or without liquor sales, establishments offering mechanical or electronic amusement devices, bowling alley, ice or roller rink, miniature golf, concerts, dancing, and all other similar places of entertainment or recreation.
Mechanical or Electronic Amusement Devices: Any machine, which, upon the payment of a charge or upon the insertion of a coin, slug, token, disc, etc. may be operated by the public as a game, entertainment, or amusement, whether or not registering a score. This definition includes electronic video games, marble machines, pinball machines, skill ball, mechanical grab machines, electronic bowling machines, electronic driving machines, electronic baseball, football, hockey or basketball machines, any and all air–propelled machines or games, shooting games, billiard/pool tables, snooker table, foosball, and all games, operations or transactions similar thereto under whatever name they may be indicated, whether or not electronically operated. This definition does not include any devise the possession or use of which is prohibited by law. The above enumeration devices shall not be deemed to be exclusive.
Billiard or Pool Hall: Any premise, business, or establishment that maintains six (6) or more regulation billiard or pool tables available for public use.
Operator: Any person, firm, corporation, partnership, or association or club who sets up for operation by another or leases a FERC.
Proprietor: Any person, firm, corporation, partnership, or association or club who as the owner and /or lessee has under his or its control a FERC
(Ord. 4090, §1.1)
Sec. 42-232.2 License Required; Application and Fee.
(Ord. 4090, §1.2)
Sec. 42-232.3. Operation Requirements for a FERC.
The following rules and regulations shall apply to the operation of a FERC in Rolla:
(Ord. 4090, §1.3)
Sec. 42-232.4. Revocation or Suspension of a FERC License.
Every FERC license issued under authority of this ordinance is subject to the right, which is hereby expressly reserved, to be revoked or suspended should the operator or proprietor, directly or indirectly, permit the operation of any FERC, including any mechanical or electronic amusement device contrary to the provisions of this ordinance or the laws of the State of Missouri. Revocation or suspension of a FERC license may also be caused where the applicant for the license has knowingly or negligently made false or misleading statements when applying for this license. Failure to comply with all other statutes, codes, or ordinances, particularly building and fire codes, shall be a justification for revocation or suspension of a FERC license. (Ord. 4090, §1.4)
Sec.42-232.5. Request for Hearing.
Any person aggrieved by the denial of a license to operate a FERC or denial of the renewal of such license, may request a hearing before City Council, at which hearing such person shall be afforded the opportunity to be heard on all facts or issues involved. The request for a hearing must be made in writing no less than ten (10) days following the denial and sent by certified mail to the City Administrator. The City Administrator shall, upon receiving a request for a hearing shall schedule a hearing not later than fifteen (15) days from the date of actual receipt of the request and shall notify all parties of the time and place thereof. The City Council shall have ten (10) days following the date of the hearing to render a decision in writing. A request for a hearing shall stay any license revocation or suspension until such time as a hearing has been held and a decision rendered therein; provided, however, that if the Chief of Police or the Fire Marshal has found that a public safety imperatively requires emergency action, the license shall continue to be summarily suspended pending a hearing and decision in accordance with this section. (Ord. 4090, §1.5)
Sec.42-232.6. Penalties for Offenses.
Any person who shall act as a FERC operator without a valid license or who shall violate any of the provisions of this code or who shall continue to act subsequent to the revocation of his license shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred ($300) dollars per day, for each day of noncompliance. (Ord. 4090, §1.6)
Sec. 42-232.7. Exemptions.
This ordinance shall not apply to, and no license required for, the operation of a FERC of the kind herein specified:
Sec. 42‑233.01 Standards for Medical Marijuana Dispensaries
No Building shall be constructed, altered or used for a Medical Marijuana Dispensary without complying with the following regulations in this subchapter:
No building shall be constructed, altered or used for a Medical Marijuana-Infused Products Facility without complying with the following regulations:
No building shall be constructed, altered or used for a Medical Marijuana Cultivation Facility without complying with the following regulations:
Distance requirement. No Medical Marijuana Cultivation Facility shall be located within 1,000' (one thousand feet) of a then existing elementary or secondary school, state-licensed child daycare center or church*.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a razor wire fence at least 10 feet in height, not including the razor wire.
Onsite Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any Medical Marijuana Cultivation Facility during regular business hours.
Hours of Operation. All Medical Marijuana Cultivation Facilities shall be closed to the public, between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
Display of Licenses Required. The Medical Marijuana Cultivation Facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.
Site Plan Review Required. Any plans for an indoor "Medical Marijuana Cultivation Facility" shall meet the standard new construction requirements of the "Heavy Manufacturing District" outlined in this Title. Any outdoor "Medical Marijuana Cultivation Facility" shall meet the standard requirements for any other crop, except as otherwise set forth herein. No outdoor "Medical Marijuana Cultivation Facility" shall be permitted within 1,000' (one thousand feet) of a then existing elementary or secondary school, state-licensed child daycare center or church* or within 1,000' (one thousand feet) from any residentially zoned property. (Ord. 4488, §6)
ARTICLE III ZONING
DIVISION 16. CONDITIONAL USE PERMITS
Sec. 42-234. Purpose of Conditional Use Permits
The conditional use permit procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish uses or construct structures which may not be specifically allowed in a given zoning district, but may be deemed desirable or in the public interest to locate in that zoning district. The purpose of the review is to determine whether the proposed location of the use or structure is consistent with the overall intent of the zoning district regulations and to permit the imposition of conditions designed to minimize or mitigate potential adverse effects. Conditional Use Permits do not constitute a zoning change and only allow for a designated use, on a specific lot or tract, within the established zoning district. Conditional Use Permits shall not be required within the Planned Unit Development "PUD" District. (Ord. 3414)
Sec. 42-234.1. Procedures.
In order for an applicant, who may be the property owner(s) or any person having a contractual interest in the subject property, to initiate the review process for the approval of a Conditional Use Permit, the applicant or an agent of the applicant must submit a Conditional Use Permit application, a site plan, and the Conditional Use Permit application fee found in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code. The application and site plan shall contain the information described below.
The Conditional Use Permit application shall contain the following information:
The names, addresses, signatures, and contact information for both the applicant and, if applicable, the agent of the applicant.
The legal description of the property;
The zoning classification and present use of the property;
A description of the proposed conditional use;
A Site Plan in accordance with this Section;
A statement describing how the proposed conditional use will comply with the applicable standards of this Section; and
A statement describing how the proposed conditional use is to be designed, arranged, and operated will be submitted in order to ensure that future development, which is consistent with District regulations, will not be prevented or made unlikely and that the value, use, and reasonable enjoyment of such property will not be impaired or adversely affected.
Site Plan content.
Approximate location of proposed and existing designated uses or buildings and other structures, including adjoining property, as well as parking and open areas shall be indicated for the proposed conditional use and adjacent property;
Existing and proposed contours at vertical intervals of not more than five (5) feet referred to sea level datum. Flood plain areas shall be delineated;
Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, all tree masses and proposed landscaping/screening plan;
An elevation view of the site showing preliminary building form ( new construction only);
Proposed ingress and egress to the site, including right‑of‑way and pavement width for proposed and existing streets;
A plan for the provision of sanitation and drainage facilities;
The location, lighting and type of signs and the relationship of signs to traffic control;
The location and number of required off‑street parking areas; and
The location of existing utilities.
(Ord. 3414; Ord. 4401, §§15-16)
Sec. 42-234.2. Burden of Proof/Standards.
In presenting any application for a Conditional Use Permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following standards:
The proposed conditional use complies with all applicable provisions of the applicable District regulations.
The applicant has demonstrated through the provision of a traffic impact study or other acceptable method that the proposed conditional use at the specified location will not adversely affect the safety of the motoring public and pedestrians using the facility and surrounding area from traffic congestion or other hazards.
The location and size of the conditional use, the nature and intensity of operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning District regulations or the policies of the Rolla Comprehensive Plan. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:
The location, nature and height of buildings, structures, walls, and fences on the site,
The nature and extent of proposed landscaping and screening on the site,
The noise characteristics of the use compared to the typical use in the District and any reduction solutions;
The potential glare of vehicles and stationary lights on site and any measures employed to mitigate their impact;
Sign location, type, size, and lighting, and
The impact on or potential interference with any easements, roadways, driveways, rail lines, utilities and storm water management systems. Off-street parking and loading areas will be provided in accordance with the standards set forth in this Article.
Adequate utility, drainage, and other such necessary facilities have been or will be provided.
The proposed uses where such developments and uses are deemed consistent with good planning practice; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential, convenient, or desirable to preserve and promote the public health, safety, and general welfare of the City of Rolla. (Ord. 3414)
Sec. 42-234.3. Public Hearing.
Sec. 42-234.4. Approval or Denial of a Permit by the Planning and Zoning Commission.
Sec. 42-234.5. Appeal of Denial Recommendation.
Upon the recommendation of denial by the Planning and Zoning Commission of an application, the applicant may file an appeal with the City Council requesting a determination by that body. A Notice of Appeal shall be filed within ten (10) days after the Commission's hearing is concluded. An appeal shall be in writing and shall be filed in duplicate with the City Clerk. The applicant shall have an additional thirty (30) days to file the actual appeal. The appeal shall specifically state how the application, as initially filed or subsequently modified, meets the criteria set forth in these regulations. (Ord. 3414)
Sec. 42-234.6. Protest of the Commission's Decision.
A protest against a proposed Conditional Use Permit may be filed in accordance with the provisions of this Article that address protest petitions for zoning cases. (Ord. 3414)
Sec. 42-234.7. City Council Review.
In any case, subsequent to proper notification as described above, the City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission. (Ord. 3414)
Sec. 42-234.8. Permit Effective-When.
The Conditional Use Permit shall become effective upon approval by the City Council. In the event that some additional approval is required by some other governmental authority or agency, the permit request shall not be acted upon until that approval is received. (Ord. 3414)
Sec. 42-234.9. Final Site Plans.
Subsequent to the effective date of the Conditional Use Permit, a Final Site Plan shall be submitted for review by the Community Development Director to determine compliance with the specified conditions of the permit. The plan shall contain the minimum requirements established in the conditions governing the permit. No building permits or authorization for improvement or development for any use requested under provisions of this permit shall be issued prior to the effective date of the Final Site Plan. The Final Site Plan shall be retained on file in the office of the Community Development Director. (Ord. 3414)
Sec. 42-234.10. Procedure to Amend a Conditional Use Permit or Site Plan.
In order to amend an existing Conditional Use Permit or to amend the Site Plan approved for a Conditional Use Permit, the following procedures shall be executed:
(Ord. 3414; Ord. 4401, §§17-18)
Sec. 42-234.11. Time Limit of Conditional Use Permits.
Conditional Use Permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit. Upon the expiration of the time limit specified in a particular permit, the property owner may request that the Conditional Use Permit be reviewed by the City Council, which may extend it for an unlimited period or for a specified additional period of years. (Ord. 3414)
Sec. 42-234.12. Failure to Commence Construction.
Unless otherwise stated in the Conditional Use Permit, substantial work or construction shall commence within one (l) year of the effective date of the permit, unless such time period is extended through appeal to the City Council. If no extension of time is granted the permit shall terminate. (Ord. 3414)
Sec. 42-235. Bed and Breakfasts-Purpose.
The purpose of these requirements is to minimize any possible adverse effects of a bed and breakfast on the surrounding neighborhood while providing opportunities to make better use of existing housing, particularly larger, older houses located on major streets. (Ord. 3414)
Sec. 42-235.1. Approval Standards.
Sec. 42-236 to 42-238. Reserved.
DIVISION 17. OFF-STREET PARKING
Sec. 42-239. Parking Spaces Provided.
In all zoning districts off-street parking facilities shall be provided for the temporary storage or parking of motor vehicles for the use of occupants employees and patrons of buildings or structures constructed after the effective date of this Ordinance. (Ord. 3414)
Sec. 42-239.1. Parking Space Defined and Computed.
A "parking space" shall mean a space of approximately two hundred (200) square feet, exclusive of drives or aisles giving access thereto, accessible to streets or alleys or aisles leading to streets or alleys and to be usable for the storage or parking of motor vehicles. Truck loading and unloading space as may be required by ordinance shall not be construed as supplying required off-street parking space. When a determination of the number of parking spaces required by this Division results in a fractional space, the fraction shall be counted as one (1) parking space. (Ord. 3414)
Sec. 42-239.2. Shared Parking Areas.
The parking spaces required of two (2) or more uses located on the same lot may be combined and used together, however the aggregate number of off-street parking spaces required for all such uses shall be provided. (Ord. 3414)
Sec. 42-239.3. What Various Terms Include.
Sec. 42-239.4. Cooperative Parking Facilities.
A Cooperative Parking Plan may be approved by the City to allow more flexibility in the provision of required parking facilities. In this instance, not more than fifty (50) percent of the off-street parking spaces required for a use or structure may be located on another site or lot. A Cooperative Parking Plan shall only be approved when the schedules of operation of all uses subject to the Plan are sufficiently staggered such that they are not normally open, used, or operated during the primary operating hours of the other uses. The use of shared parking shall not be a matter of right, it being intended that the City shall have discretion to approve a Cooperative Parking Plan based on the review of plans and other information submitted by the applicant subject to the requirements for off-street parking in this Division. (Ord. 3414)
Sec. 42-239.5. Cooperative Parking Plan Application.
The owners of the entire land area to be included in the Plan shall file an application for a Cooperative Parking Plan with the Community Development Director. The application shall include plans showing the location of the use, buildings, or structures for which shared off- street parking spaces are to be provided, the location and layout of the parking area, and a parking demand schedule. A parking demand schedule shall include:
Sec. 42-239.6. Cooperative Parking Plan Approval/Amendment.
Cooperative Parking Plans may be amended or withdrawn, pursuant to the process for the initial approval, provided that all parties to the Cooperative Parking Plan consent and that the parking regulations of this Division are substantially satisfied. (Ord. 3414)
Sec. 42-239.7. Location of Parking Facilities.
Except for parking facilities that have been approved through cooperative parking plans, parking spaces and driveways shall be fully contained on the same premises as the building or land use it is required to serve. Shared driveways and other types of driveways may be used if each lot using another lot for access has been issued the appropriate access easement(s) that allow them to cross another’s property. (Ord. 4428, §§15-16)
Sec. 42-239.8. Nonconforming Parking and Applicability.
The exceptions to and the applicability of parking regulations and standards is as follows:
Unless otherwise exempt, new buildings and land uses shall conform to all current parking regulations and standards.
A zoning inspection for a business license that results in a change of use (as listed in the permitted/conditional use lists of each district, not as described in building codes), increase of intensity of use, or the establishment of a new use shall only be approved if, in addition to the use regulations being met, the current parking regulations and standards are met. However, lots with buildings that have existed for at least five years (determined by final inspection date or County Assessor information) shall not be required to increase the number of parking spaces that such requests may induce if the lot or parcel is fully built-out with parking (i.e. cannot construct more parking without reducing its building footprint or required landscaping). No zoning inspections for business licenses shall be approved by the Community Development Department, nor shall any sign permits be issued, nor shall the approval of a final building inspection be given until the parking is installed.
Requests for additions and expansions to existing structures and for the construction or placement of new primary and accessory buildings shall not be permitted if the lot on which such buildings exist are not able to accommodate the increased parking requirements that are induced by such requests. If the lot or parcel is not fully built-out with parking, it must come into conformance with parking regulations and standards before building permits for such additions are finalized.
A temporary seasonal use, such as snow cone stands and fireworks stands shall not be required to provide additional parking spaces to the parking spaces that are already located on the parcel on which it would be located, if that lot is fully built-out with parking. (Ord. 4428, §§17-18)
Sec. 42-240. Required Parking Spaces.
(Ord. 3414)
Sec. 42-241. Parking Area Surface.
Except for accepted gravel, driving surfaces in the Rural Residential District, every parking and/or driving surface area shall be paved with an all-weather surface. Such requirement shall only apply to areas used for parking or on-site traffic circulation. The exits and entrances shall be approved by the City Engineer. Driving surfaces shall be constructed to meet the requirements of existing or developed soil conditions of the site. These areas shall be constructed with a crushed stone base course and an asphaltic concrete wearing surface. Both courses must be compacted to a density of not less than ninety-five percent of the standard compacting test. In lieu thereof, the parking and/or driving surface area may be constructed of a Portland concrete wearing course. As a minimum, the pavements shall meet the requirements of cul-de-sac as outlined in the current City design standard manual. The developer shall be responsible for determining any site soil conditions and the selection of the pavement used. If weather conditions limit the completion of the parking lot at the time of the issuance of a certificate of occupancy, the owner may, with the approval of the City Engineer, post a performance bond with the City to guarantee the completion of this work. (Ord. 3414; Ord. 3611, §7; Ord. 3748, §11; Ord. 4428, §§19-20)
Sec. 42-241.1. Parking Area Lights.
Any lights used to illuminate parking areas shall be so arranged and hooded as to confine all direct light rays entirely within the boundary lines of the parking area. (Ord. 3414)
Secs. 42-242 to 42-243. Reserved.
DIVISION 18. SIGNS.
Sec. 42-244. Purpose of Sign Regulations.
The purposes of these sign regulations are: (1) to encourage the effective use of signs as a means of communication in Rolla; (2) to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; (3) to promote pedestrian and traffic safety; (4) to minimize the possible adverse effect of signs on the enjoyment and economic value of nearby public or private property; (5) to preserve the right of free speech and expression; (6) and to enable the fair and consistent enforcement of these restrictions. (Ord. 3414; Ord. 4453, §2)
Sec. 42-244.1. Definitions.
Sec. 42-244.2. Exempt Signs.
The following signs are exempt from the provisions of this Division, unless otherwise noted, but must conform to all other federal, state, and local codes/rules, including building codes.
(Ord. 3414; Ord. 3542, §2; Ord. 3566, §5; Ord. 3611, §9; Ord. 4453, §6)
Sec. 42-244.3. Prohibited Signs.
The following signs are prohibited.
(Ord. 3414; Ord. 4453, §9)
Sec. 42-244.4. General Sign Provisions.
(Ord. 3414; Ord. 3493, §9; Ord. 4068, §3; Ord. 4453, §11)
Sec. 42-244.5. Sign Regulations for Residential Zoning Districts.
(Ord. 3414; Ord. 4453, §14)
Sec. 42-244.6. Sign Regulations for Non-Residential Zoning Districts.
Sec. 42-244.7. Temporary and Portable Signs.
The following provisions apply to nonresidential zoning districts only. Temporary signs that comply with the requirements of Section 42-244.7 shall not be included in the determination of the type, number, or area of the signs permitted on a property per Subsections 42-244.6(b) and 42-244.6(c). The following restrictions apply to temporary and portable sign placement/installation/construction
(Ord. 3414; Ord. 3542, §3; Ord. 3611, §10; Ord. 4453, 20)
Sec. 42-244.8. Off-Premises Sign (Third-party sign, billboard, or outdoor advertising)
Permanent off-premise signage shall comply with all the requirements of this section and shall only be permitted upon property having frontage on either Interstate 44, Highway 63, or Business Loop 44 and zoned C-3, M-1, or M-2. Within areas zoned Planned Unit Development District, or property in any zoning district upon which a conditional use permit has been issued in the above mentioned corridors, such advertising structures shall only be permitted when specifically authorized upon the final development plan or permit approval. (Ord. 3414)
(Ord. 3414; Ord. 4453, §21)
Sec. 42-244.9. Non-Conforming Signs.
Nonconforming signs are signs that do not conform to this Division, yet were legally established prior to the adoption of this Division. The burden of proof will be on the property owner to show that the sign was legally established. Nonconforming signs, including those existing pursuant to variances granted by the Board of Adjustment before June 1, 1999, may continue to exist after passage of this Division if they maintain their nonconforming status. Nonconforming signs will be removed and/or changed in accordance with the provisions of this Section.
(Ord. 3414; Ord. 4068, §4; Ord. 4428, §§21-22; Ord. 4453, §23)
Sec. 42-244.10. Electronic Message Center Signs.
In nonresidential zones, Electronic Message Centers (EMCs), which includes electronically activated changeable copy signs and signs that imitate movement through electronic means, are permitted in accordance with the permitted sign area regulations of the district in which the sign is located. The following restrictions apply:
(Ord. 3982, §2; Ord. 4453, §10)
Secs. 42-245 to 42-246. Reserved.
DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS
Sec. 42-247. Nonconforming Buildings and Structures.
(Ord. 4428, §§23-26)
Secs. 42-248 to 42-249. Reserved.
DIVISION 20. CHANGES AND AMENDMENTS
Sec. 42-250. Map and Text Amendments.
Rolla's property owners, legislative bodies, and government officials may propose amendments to the Official Zoning Map (e.g. rezoning requests), the Future Land Use Map, or the text of Rolla's Planning and Zoning Code. For such a request to be initiated, applicants must submit the appropriate application and the Map & Text Amendment fee listed in the Fee Schedule in Section 42.143.1 of the Rolla Planning and Zoning Code. All applications and fees shall be filed with the Community Development Department no later than the second Tuesday of each month for consideration during the following month.
(Ord. 3414; Ord. 4401, §§21-22)
Sec. 42-250.1. Recommendations.
The Planning and Zoning Commission may within its discretion, make one of the following recommendations in connection with each proposed re-zoning application.
Sec. 42-250.2. Findings by the Planning and Zoning Commission.
The Planning and Zoning Commission shall consider the following information when reviewing re-zoning requests:
Sec. 42-250.3. Report of Action Taken.
Each such recommendation made by the Planning and Zoning Commission shall be reported to the City Council and the applicant. The Secretary of the Planning and Zoning Commission shall set up and maintain a separate file for each application received, and all records and files herein provided shall be permanent and official files of the City of Rolla. (Ord. 3414)
Sec. 42-250.4. Notice of Hearing Before City Council.
A public hearing, where parties in interest and citizens shall have an opportunity to be heard, shall be held by the City Council before adopting any proposed amendment. At least fifteen days before the public hearing is held, a notice of such a hearing shall be published in an official paper or a paper of general circulation in Rolla. The notice shall specify the time and place of such hearing and the location where the application and related documents may be viewed. In addition, staff shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
(Ord. 3414; Ord. 4401, §§23-24)
Sec. 42-250.5. Action of City Council.
When the Planning and Zoning Commission has recommended a change in zoning together with recommendations, as to requirements as heretofore provided, the City Council shall be at liberty to either accept, reject or make other or additional requirements, and any such requirements, in the discretion of the City Council to be made, shall become a part of the ordinance changing the zoning classification of such property. Such requirements shall be considered as an amendment to the zoning ordinance as applicable to such property. (Ord. 3414)
Sec. 42-250.6. Two-Thirds Majority Necessary when Protested.
In case of a protest petition against such change, duly signed and notarized, by the owners of thirty (30) percent or more of the land area (exclusive of streets and alleys) included in such proposed change or within an area determined by line drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of two thirds (2/3) of all the members of the City Council. The provisions of this Section apply to the adoption of, additions to, changes or modifications of the official map of the master plan, whether such changes are initiated by the City Council, the Planning and Zoning Commission, Community Development Director or by property owner application. (Ord. 3414)
Sec. 42.250.7. Limitation on Application for Rezoning.
No application for rezoning of any tract, lot or parcel of land within the City of Rolla, other than an application initiated by the City Council or the Planning and Zoning Commission, shall be filed or allowed prior to the expiration of twelve (12) months from the time that the City Council shall have finally acted on any application for rezoning of all or part of the same lot, tract or parcel of ground. The City Council may waive this requirement upon written request by the applicant, provided the applicant can show substantially changed conditions from any previously submitted but unsuccessful rezoning requests for all or a portion of the same lot, tract or parcel of ground. The applicant may then reapply for a review through the Planning and Zoning Commission and City Council.
A rezoning application may be withdrawn upon request by the applicant at any point in the approval process, prior to final action by the City Council, without requiring a twelve (12) month delay before reapplication. The Planning and Zoning Commission would first consider the new application. (Ord. 3414; Ord. 3890, §2)
Secs. 42-251 to 42-252. Reserved.
DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW
Sec. 42-253.1. Duties of the Codes Administrator.
The Codes Administrator or his duly designated and authorized representative, in addition to the duties delegated to him under this Article and other ordinances of the City, shall administer and enforce this Article including:
Sec. 42-253.2. Duties of the Community Development Director.
In addition to the duties delegated to him under this Article and other ordinances of the City, the Community Development Director or his duly designated and authorized representative shall:
Sec. 42-253.3. Building Permit Required.
It shall be unlawful to start the construction of a new building, structure, parking lot, or sign or the enlargement or structural alteration of a building, structure, parking lot, or sign, without first filing a written application for and obtaining a building permit. All applications for such permits shall be in accordance with the requirements of this Article and building code of the City of Rolla. No building permit shall be issued unless a plat is filed in duplicate, drawn to scale and in such form as may be prescribed by the building inspector, showing the location on the lot of the building, structure, parking lot, or sign to be erected, altered, or enlarged, signed by the applicant, and other information as the building inspector may require in the enforcement of this Article. Failure to provide this information shall be good cause for the revocation of any such building permit. Unless upon written order of the Board of Adjustment, no building permit or certificate of occupancy shall be issued for any building, structure, parking lot, or sign where said construction, addition, or alteration thereof would be in violation of any of the provisions of this Article. A record of all applications, together with supporting plats, shall be kept in the office of the building inspector. (Ord. 3414)
Sec. 42-253.4. Certificate of Occupancy Required.
No vacant land shall be occupied or used except for agricultural uses and no building hereafter erected or structurally altered shall be occupied or used until the building inspector shall have issued a certificate of occupancy. The certificate of occupancy shall state that the building or proposed use of a building or land complies with the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be put on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy. No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.
(a) Certificate of occupancy for a building: Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations.
(b) Certificate of occupancy for a non-conforming use: A Certificate of occupancy for legal non-conforming uses shall be issued, and the certificate shall state that the use is a legal non-conforming use. (Ord. 3414)
Sec. 42-253.5. Zoning Enforcement.
Sec. 42-253.6. Inspection and Right of Entry
In the discharge of his duties, the Codes Administrator or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the City to enforce the provisions of this Article. Any person making such inspection shall furnish to the owner or occupant of the building or structure to be inspected sufficient identification and information to enable the owner or occupant to determine that he is a representative of the City and to determine the purpose of the inspection. Inspections may be prompted on the basis of complaint or as part of a systematic inspection program directed by the Codes Administrator, Community Development Director, or City Administrator. (Ord. 3414)
Sec. 42-253.7. Permits Required for Construction of Building - Annexation.
Any person owning, controlling, constructing, supervising or directing the construction of any building or structure in the process of construction which is incomplete at the time the land upon which it is situated is annexed to the City of Rolla before proceeding shall apply to the Codes Administrator of the City of Rolla for a permit authorizing further work Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building. (Ord. 3414)
Sec. 42-254. Board of Adjustment - Composition.
The Board of Adjustment shall consist of five members, who shall be City residents. The members of the Board of Adjustment shall be appointed for staggered terms of five (5) years each and shall serve without compensation. No member shall serve more than two (2) consecutive terms and shall not be a current member of the Planning and Zoning Commission. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. The Board shall elect its own chairman who shall hold office for one year. The Codes Administrator, or his designee, shall be an ex-officio member of the Board of Adjustment without voting power. The Codes Administrator, as an ex-officio member, shall act as secretary and shall maintain a separate file for each application for appeal, special exception and variance received and shall record therein the names and addresses of all persons, and further keep a record of all notices published as required herein. (Ord. 3414)
Sec. 42-254.1. Procedures.
Meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public except as provided by law. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, all of which shall be immediately filed in the office of the Board and shall be a public record. The secretary of the Board of Adjustment shall notify in writing the City Council and Zoning and Planning and Zoning Commission of each decision, interpretation, appeal, special exception and variance considered under the provisions of this Article. (Ord. 3414)
Sec. 42-254.2. Powers.
The Board of Adjustment shall:
Sec. 42-254.3. Appeals.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the City of Rolla affected by any decision of an administrative officer. Such appeal shall be taken within fifteen (15) days time after an administrative officer has rendered the decision. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the secretary of the Board of Adjustment a notice of appeal specifying the reasons. The officer from whom the appeal is taken shall send to the secretary of the Board all the papers constituting the record relating to the appealed action. The applicant for an appeal, however, shall bear the burden of producing evidence establishing the grounds of the appeal. In exercising the powers herein granted, the Board may, in conformity with the provisions of this Article reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members shall be necessary for an appeal to be approved by the Board of Adjustment. (Ord. 3414)
Sec. 42-254.4. Appeals to Stay Proceedings.
A properly filed notice of appeal shall stay all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a proper court order.
(Ord. 3414)
Sec. 42-254.5. Notice of Appeals.
Notice of appeals (i.e. an appeal application) shall be submitted not less than twenty-eight days prior to a regularly scheduled Board meeting. The applicant shall be notified in writing by registered mail of the date, time, and location of the hearing. Upon filing a notice of appeal with the secretary of the Board of Adjustment, the applicant must submit to the Community Development Department the appeal application and the appeal fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. A public hearing shall be held for such proposals and the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
(Ord. 3414; Ord. 3566, §6; Ord. 3748, §12; Ord. 4401, §§25-26)
Sec. 42-254.6. Limitation on Re-Filing.
No appeal, request or application to the Board of Adjustment shall be allowed with respect to the same parcel of land, building, or structure prior to the expiration of six (6) months from the date of the ruling of the Board of Adjustment unless a substantial change of circumstances or conditions can be demonstrated by the applicant. (Ord. 3414)
Sec. 42-255. Exceptions and Variances.
A "special exception" is a permission given by the Board properly authorized by this Article in specific cases for an applicant to use his property in a manner contrary to the provisions of this Article provided such use serves the general welfare and preserves the community interest. A "variance" is an authorization by the Board granting relief and doing substantial justice in the use of the applicant's property by a property owner where, owing to special conditions a literal enforcement of the provisions of the Article will result in unnecessary hardship. The Board of Adjustment may designate conditions on granting special exceptions or variances that secure the public interest and intent of this Article. (Ord. 3414)
Sec. 42-255.1. Notices of Hearings.
Applications for special exceptions, variances, and use variances shall be submitted on forms provided for this purpose not less than twenty-eight days prior to a regularly scheduled Board meeting. Along with the submission of such an application, the applicant shall submit the appropriate fee listed in Section 42.143.1 of the Rolla Planning and Zoning Code. Once the application has been determined to be complete, the Board of Adjustment shall hold a public hearing and written notice of all such public hearings shall be sent by the secretary of the Board to the applicant and all other persons deemed by the Board to be affected. In addition, upon completeness, the Community Development Department shall notify the public of the hearing and proposal according to the prescribed procedures and standards described in Section 42-143 of the Rolla Planning and Zoning Code.
(Ord. 3414; Ord. 4401, §§27-28)
Sec. 42-255.2. Hearings.
Any interested party may appear at the hearing in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Board of Adjustment must find before granting any special exception or variance as herein contained. The Board of Adjustment may impose such conditions and restrictions as may be necessary to comply with the standards set out in this Article to reduce, minimize, or mitigate the effect of such special exception or variance upon the property in the neighborhood, and to better carry out the intent of this Article. The concurring vote of four members of the Board shall be necessary to decide in favor to affect any variance of this Article or to grant any special exception. No request or application to the Board of Adjustment shall be allowed on the same piece of property prior to the expiration of six (6) months from a ruling of the Board of Adjustment on any request or application to such body unless other property abutting or adjoining such property shall have within such period been altered or changed by a ruling of the Board of Adjustment, in which case such change of circumstances shall permit the allowance of an application, but such hearing shall be considered on its merits as in all other cases. (Ord. 3414)
Sec. 42-255.3. Duration.
Any special exceptions or variances authorized or granted by the Board of Adjustment either under the provisions of this Article or under the authority granted to the Board of Adjustment under the statute of the State of Missouri shall authorize the issuance of a building permit, or a certificate of occupancy, as the case may be, for a period of ninety (90) days from the date of the favorable action on the part of the Board of Adjustment, unless the Board of Adjustment in its minutes shall, at the same time, grant a longer period. If the building permit or certificate of occupancy shall have not been issued within said ninety (90) day period or such extended period as the Board may specifically grant, then the special exception or variance shall be deemed waived and all rights thereunder terminated. Such termination or waiver shall be without prejudice to a subsequent appeal to the Board in accordance with the rules and regulations herein contained. (Ord. 3414)
Sec. 42-255.4. Special Exceptions.
The prospective occupant or owner of the property shall make application for special exceptions according to the terms of this Article and follow the application procedures outlined in Section 42-255.1 of this Division. Subject to the conditions and safeguards herein contained, after public notice and hearing, the Board of Adjustment may authorize special exceptions to this Article as follows:
The Board of Adjustment may grant a special exception to allow a legal nonconforming use to be changed to any other use permitted in the zoning district in which the non-conforming use is allowed, provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.
Permit the extension of an existing legal non-conforming use in a building upon a lot currently occupied as a legal non-conforming use.
Permit the use of property in the "R-1 " and "R-2" Districts adjacent to the "R-3", "C" or "M" Districts, even if separated therefrom by an alley or by a street, for parking of passenger cars under such safeguards and conditions of the setback requirements of the more restricted property, and further provided that such parking area shall not extend a greater distance than five hundred (500) feet from the "R-3," "C" or "M" Districts and other conditions as needed to promote public safety.
Permit the use of property owned by a church for the parking of passenger cars in any district under such safeguards and conditions as are necessary to protect adjacent property.
(Ord. 3414; Ord. 4401, §§29-30)
Sec. 42-255.5. Variances.
The Board of Adjustment may grant an applicant a variance in the following instances:
A variance from the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, and required yard areas.
A variance from the applicable minimum requirements for lot size, width, depth, or setback distances.
A variance from the applicable off-street parking requirements.
A variance from the applicable open space, landscaping and buffer area requirements. (Ord. 3414; Ord. 4428, §27)
Sec. 42-255.6. Variance Standards.
The Board of Adjustment shall not vary the regulations of this Article as authorized above unless and until it shall make findings based upon the particular evidence presented to it in each specific case that:
Sec. 42-255.7. Use Variances.
The Board of Adjustment may grant use variances where the strict enforcement of this Article may cause an unnecessary hardship resulting from the unique physical characteristics of a site for a proposed use. The Board of Adjustment shall also make a determination that granting the use variance is consistent with the intent of the Comprehensive Plan and that granting the variance will result in the achievement of substantial justice. Applications for a use variance shall follow the provisions prescribed in Division 17, Section 42-234.1. pertaining to Site Plans. (Ord. 3414)
Sec. 42-255.8. Appeal from Ruling of Board of Adjustment.
Appeals from rulings of the Board of Adjustment may be taken in the manner provided by statute. (Ord. 3414)
Secs. 42-256 to 42-359. Reserved.
DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP
SUBDIVISION I. USE PERMITS
Sec. 42-360. Use permit grant to Darrell G. Bradford and Robert Fitzsimmons to conduct a photographic business on a tract of land zoned R-3 (Multi-Family) District.
That a use permit be and it is hereby granted to Darrell G. Bradford and Robert J. Fitzsimmons, d/b/a Bradford and Fitzsimmons Photography to conduct a photographic business and its related activities, including indoor and outdoor photography, wholesale and/or retail sales of photographs, wedding albums, cameras and films, photographic supplies and products, picture frames, and the fabrication thereof, on the tract of land owned by the said Darrell G. Bradford and Robert J. Fitzsimmons now zoned R-3 (Multi-Family) District, situated in the City of Rolla, county of Phelps, and state of Missouri, described as follows:
The north 210.2 feet of the west 245 feet of block four (4) of the Rolla Mill Addition to the City of Rolla, Missouri. (Ord. 1985, §1, 8-9-76.)
Sec. 42-361. Use permit grant to Dan Woodward to conduct an art gallery and museum on property at 1705 North Oak Street.
That an use permit shall be issued to Dan Woodward to permit property located at 1705 North Oak Street, more particularly described as:
The South Half of Lot 7 and all of Lots 8 and 9 in Block 11 of Schuman Addition to the City of Rolla, Missouri;
to be used for the business of a fine art gallery and museum. (Ord. 2446, §1, 1-7-85).
Sec. 42-362. Use permit grant Renick Enterprises, Inc. to permit property in Eastmeadow Tract A to be used for general office buildings.
That a use permit shall be issued to Renick Enterprises, Inc. to permit property located in Eastmeadow Tract A, more particularly described as:
A fractional part of Tract A of "Eastmeadow", an addition to the City of Rolla, Missouri more particularly described as follows: Commencing at the Northwest corner of Lot No. 2 of the N.W. 1/4 of Section 7, Township 37 North, Range 7 West; Thence S. 0° 38' W., 35.00 feet to the South Right-of-Way, 189.39 feet to the Point of Beginning of the tract herein described; Thence S. 0° 38' W., 230.01 feet; Thence S. 89° 01'E., 200.00 feet; Thence N. 0° 38' E., 230.01 feet to the South Right-of-Way of East Tenth Street; Thence N. 89° 01' W. along said South Right-of-Way, 200.00 feet to the Point of Beginning. Containing: 46,002 sq. ft., 1.06 acre.
to be used for general office buildings. (Ord. 2547, §1, 7-21-87.)
Secs. 42-363 Approving a Conditional Use Permit at 1056 Kingshighway for Carol Pruett.
Sec. 42-364. Approving a Condition Use Permit for property located 1100 Hwy 72 East, to permit the establishment of a Family Recreation and Entertainment Complex (FERC) (Noe).
(Ord. 4103)
Sec. 42-365. Approving a Conditional Use Permit for the establishment of a massage therapy business located at 904 Turkey Run Drive. (Bartle).
(Ord. 4163)
Sec. 42-366. Approving the establishment of a Family Entertainment and Recreation Complex (FERC) at 1100 Highway 72 East in the City of Rolla, Missouri (Barrack).
(Ord. 4233)
Sec. 42-367. Approving a Conditional Use Permit (CUP) to allow the operation of a nursing home facility in an R-1 (Single Family District) zoned area at 1000 Lions Club Drive. (Clearparth).
The Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which zoning ordinance adopts zoning regulations, use districts, and a zoning map in accordance with the comprehensive plan as hereby amended by changing the zoning classification of the property situated within the City of Rolla Missouri, and described as follows:
A fractional part of the Northeast Quarter of the Southeast Quarter of Section 13, Township 37 North, Range 8 West of the 5th P.M. described as follows: Commencing at the Southwest Corner of the Northeast Quarter of the Southeast Quarter of said Section 13; thence North 0°33’00” East, 9.27 feet along the West line of said Northeast Quarter of the Southeast Quarter to the southwest corner of a parcel described in Phelps County Deed Records at Document No. 1997-875; thence North 89°03’50” East, 50.02 feet along the South line of said Document No. 1997-875 parcel to the true point of beginning of the hereinafter described tract: Thence North 0°33’00” East, 289.76 feet to the southerly right of way of Lions Club Drive; thence northeasterly 35.58 feet along the arc of a curve, concave southeasterly with a radius of 710.00 feet the chord of which is North 74°30’20” East, 35.58 feet, and, North 75°56’30” East, 245.80 feet, and, northeasterly 96.76 feet along the arc of a curve, concave northwesterly with a radius of 1240.00 feet the chord of which is North 73°42’20” East, 96.74 feet, and, North 71°28’10” East, 256.64 feet, and, northeasterly 99.93 feet along the arc of a curve, concave northeasterly with a radius of 490.00 feet the chord of which is North 65°37’40” East, 99.75 feet all along said southerly right of way to the South line of Ponzer Third Addition; thence North 89°47’20” East, 49.31 feet along the South line of said Ponzer Third Addition to the southwest corner of Municipal Acres No. 2; thence North 89°37’00” East, 115.26 feet along the South line of said Municipal Acres No. 2; thence South 1°18’10” West, 93.54 feet partially along the West line of a parcel described in Phelps County Deed Records at Document No. 1998-1375 to its southwest corner; thence South 4°41’10” West, 60.33 feet to the northernmost corner of a parcel described in Phelps County Deed Records at Document No. 1997-2417; thence South 7°03’20” West, 342.30 feet along the West line of said Document No. 1997-2417 parcel to the aforesaid South line of parcel 1997-875; thence South 88°32’40” West, 340.55 feet, and, South 89°03’50” West, 477.64 feet all along said South line to the true point of beginning. Above described tract contains 7.77 acres, more or less, per plat of survey R-11621A, dated December 15, 2004, by Elgin Surveying & Engineering, Inc. (Ord. 4260, §1)
SPECIAL PLAT RESTRICTION AND RESTRICTIVE COVENANT AS TO THE ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS. The undersigned owners of the tract of land herein platted do hereby impose upon said property and do hereby make the following restrictive covenant: No construction may be commenced upon the above-described property until all necessary building and construction permits have been issued by the City of Rolla, Missouri and that it is understood by the undersigned that no such permits shall be issued for any lots herein platted until the completion of all public improvements appertaining to such lots or until a cash bond equal to the reasonable costs of completing such public improvements has been received and approved by the City of Rolla, Missouri. The above-mentioned public improvements shall be completed pursuant to the agreement between the undersigned and the City of Rolla, Missouri for the completion of such improvements as required by this article of the City Code of Rolla, Missouri. (Ord. 4260, §2)
CONTINGENCIES TO THE CUP AGREEMENT:
Sec. 42-368. Approving a Conditional Use Permit to the property known as 1501 Martin Springs Drive for the use of a "Concrete batching or transit mix plant (temporary use only)" in the Highway Commercial (zoning) District (C-3). (Lehman)
That the Rolla Planning and Zoning Code, Ordinance No. 3414, which is Chapter 42 of the Code of the City of Rolla, Missouri, and a code that, in accordance with the Comprehensive Plan, divides the City of Rolla into zoning districts; controls the regulation and restriction of the erection, construction, reconstruction, alteration or use of buildings, structures, or land within such districts; and controls the number, shape, and area of such zoning districts on the Official Zoning Map, is hereby amended by authorizing the issuance of a CUP for the use of a “Concrete batching or transit mix plant (temporary use only)” in the Highway Commercial (zoning) District (C-3) on the property currently known as 1501 Martin Springs Drive, which is described in the document with the recording number of 2014-4638 and partly described below:
Fractional Part Lots 101,102,109,110 & 111 Railroad Addition & Fractional Part W/2 SE1/4 of Section 10, Township 37, Range 8 (Ord. 4415, §1)
That, as a condition of the approval of this ordinance, this Conditional Use Permit will expire on December 31, 2018, a date after which the use of a “Concrete batching or transit mix plant (temporary use only)” will no longer be permitted on the property described in Section 1 of this ordinance, which is currently known as 1501 Martin Springs Drive. (Ord. 4415, §2)
This ordinance shall be in full force and effect from and after the date of its passage and approval. Building permits may not be issued by the Community Development Department until the Conditional Use Permit process has been completed by the City Council. (Ord. 4415, §3)
Sec. 42-369. Approving a Conditional Use Permit to the property known as 4060 Hy-Point North for the use of "Arsenals and Munitions Storage" in the M-2, Heavy Manufacturing District. (2nd Amendment Wholesale) (CUP 21-01)
Sec. 42-370. Approving a Conditional Use Permit for a 95' monolithic cell tower located at 1900 N. Old St. James Road as requested by Cellective Solutions LLC.
Secs. 42-371 to 42-372. Reserved.
DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP
SUBDIVISION II. PLANNED UNIT DEVELOPMENTS
Sec. 42-373. Approving a community or neighborhood development plan affecting lands situated on the northwest corner of the intersection of Pershing Place and Independence Drive known as Pershing Village.
That the application and plan for the development of a neighborhood unit development in the City of Rolla, Missouri on property more particularly described as follows:
A fractional part of tract 4 of Heritage Heights Addition to the City of Rolla, Missouri, more particularly described as follows: Beginning at the SW corner of Sec. 6, Twp. 37 N. Rng. 7 W.; thence N. 0o 11'E., along the centerline of McCutchen Road, 1665.0ft.; thence S. 89o 49' E., 30.0 ft.; thence along the centerline of Pershing Place and along the arc of a curve, Delta Right, 61o 59', radius 50 ft., 54.09 ft.; thence S. 27o 50' W., 18.85 ft.; thence N. 62o 10'E., 25.0 ft. to the east right of way line of Pershing Place and the point of beginning of the tract herein described; thence N. 62o 03' E., 84.98 ft.; thence N. 81o 50' E. 127.21 ft.; thence S. 36o 56' E., 324.05 ft.; thence N. 79o 23' E., 89.98 ft.; thence S. 11o 20' E., 387.62 ft.; thence N. 78o 40 ft. E., 129.62 ft. to the west right of way line of Independence Road; thence in a southerly direction along the west right of way line of Independence Road and the arc of a curve, Delta angle right, 8o 06' 50", radius 1884.86 ft., a distance of 266.92 ft.; thence S. 4o 00' W., 46.35 ft.; thence N. 23o 26' 52" W., 184.93 ft.; thence S. 57o 54' W., 162.36 ft. to the east right of way line of Pershing Place; thence in a northwesterly direction along the east right of way line of Pershing Place and the arc of a curve, Delta angle right 4o 01' 13", radius 1885.08 ft., a distance of 132.27 ft.; thence N. 28o 50' W., along the right of way line of Pershing Place, 23.30 ft.; thence in a northwesterly direction along the right of way line of Pershing Place, and the arc of a curve, Delta left, 8o 00', radius 1935.00 ft., 270.18 ft.; thence N. 36o 50' W., along the east right of way line of Pershing Place 35.96 ft.; thence northwesterly along the east right of way line of Pershing Place and the arc of a curve, Delta right, 9o 00' radius 1885.08 ft., 296.11 ft.; thence N. 27o 50' W., 146.06 along the east right of way line of Pershing Place to the point of beginning. Containing 5.12 acres, more or less, as per survey by John B. Heagler, Jr.
Be and the same is hereby approved, subject to the following modifications, conditions and provisions:
Sec. 42-374. Approving a community or neighborhood development plan for the Charles Maize property affecting lands situated in lot 3 of the Railroad Addition located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 2.
All that part of lot 3 of Railroad Addition to the City of Rolla, Missouri, and located in the NE 1/4 of the NW 1/4 of the NE 1/4 of Sec. 2, Twp. 37N., Rng. 8 W. of 5th P.M., described as follows:
Commencing at the NE corner of Railroad lot 3 and on Vienna Road; thence S. 88o 44' W. 19.8 ft. along the N. line of said Railroad lot 3 to the W. line of said Vienna road, the true point of beginning of the tract hereinafter described; thence S. 0o 54' E. 260.09 ft. along said W. line; thence S. 89o 06' W. 270.56 ft.; thence S. 0o 54' E. 160.95 ft.; thence N. 89o 06' E. 270.56 to aforesaid W. line of Vienna Road; thence S. 0o 54' E. 168.5 ft. along said W. road line to the S. line of Railroad lot 3; thence S. 89o 40' W. 270.64 ft. along said S. line of lot 3 to the center line of a small creek; thence N. 24o 59' W. 207.06 ft. and N. 19o 34' W. 192.93 ft. and N. 1o 33' E. 102.08 ft. and N. 12o 29' W. 112.36 ft. all along center line of creek to the N. line of Railroad lot 3 at a point N. 88o 44' E. 212.0 ft. from the NW corner of said lot 3; thence N. 88o 44' E. 434.74 ft. along said N. line to the true point of beginning.
Be and the same is hereby approved, subject to the following modifications, conditions and provisions:
Sec. 42-375. Amending the site plan of the Vienna Woods neighborhood or community unit development.
That the site plan of the Vienna Woods Neighborhood or Community Unit Development plat as same is submitted on this date is hereby approved as amended. (Ord. 2403, §1, 1-3-84)
Sec. 42-376. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated north of 10th Street and abutting the east corporate limits in the City of Rolla, Missouri.
That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:
"A fractional part of the South Half of Lot 1 of the Southwest Quarter of Section 6, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northeast Corner of the South Half of Lot 1 of the Southwest Quarter of said Section 6; thence North 88°-46' West, 171.50 feet along the Half Lot Line to the true point of beginning of the hereinafter described tract: Thence continuing North 88°-46' West, 634.31 feet along said Half Lot Line to the northeast corner of a parcel described in Phelps County Deed Records at Book 160, Page 347; thence South 0°-24'-50" East, 417.52 feet along the East Line of said Book 160, Page 347 parcel to its southeast corner; thence North 88°-46' West, 23.80 feet along the South Line of said Book 160, Page 347 parcel; thence South 0°-19'-20" East, 869.81 feet to the North right-of-way of State Route BB; thence South 89°-15' East, 60.01 feet along said North right-of-way; thence North 0°-19'-20" West, 347.82 feet; thence South 89°-42'-30" East, 583.59 feet; thence North 0°-31'-10" East, 929.13 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, description derived from survey R-4624, dated November 22, 1991, by Elgin Surveying & Engineering, Inc."
be and the same is hereby approved. (Ord. 2853, §1)
Sec. 42-377. Approving a planned unit development plan submitted for consideration according to the provisions of Article III, Chapter 42 of the Code of the City of Rolla, Missouri, affecting lands situated west of Forum Drive and south of St. James Road (Oak Tree Apartments).
That the application and plan for the development of a planned unit development in the City of Rolla, Missouri on property more particularly described as follows:
All of Tract No. 6 of the Forum Lakes Addition, an Addition to the City of Rolla, Missouri, and being generally located on the west side of Forum Drive, North of the intersection of Forum Drive and California Drive to a point 654 feet north of said intersection.
be and the same is hereby approved. (Ord. 3019, §1)
Sec. 42-378. Approving North Brook, a planned unit development according to the provisions of Article III, Chapter 42.278 of the Code of the City of Rolla, Missouri.
That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:
A fractional part of the Southwest Quarter of the Southeast Quarter of Section 36, Township 38 North, Range 8 West of the 5th P.M. described as follows: Beginning at the Northeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 36; thence South 0°08'10" West, 757.75 feet along the East line of said Southwest Quarter of the Southeast Quarter of the northeast corner of a parcel described in Phelps County Deed Records at Document No 9300693; thence south 88°42'50" West, 249.88 feet along the North line of said Document No. 9300693 parcel to its northwest corner; thence South 0°09'20" West, 522.90 feet along the West line of said Document No. 9300693 parcel to its Southwest corner, also being a point on the North right of way of Old St. James Road, thence South 88°47'10" West, 159.07 feet along said North right of way; thence North 1°55' West, 18.00 feet; thence North 31°14'20" West, 83.53 feet; thence North 13°33'20" West, 153.84; thence North 45°37'50" West, 60.28 feet; thence North 32°31'40" West, 88.42 feet; thence North 64°08'50" West, 116.23 feet; thence North 33°10' West, 6.96 feet to the Corporate Limits of Rolla, Missouri; thence North 0°08'30" East, 82.56 feet, and, North 10°33'40" East, 798.92 feet, all along said Corporate Limits; thence North 89°00' East, 544.53 feet to the true point of beginning. Above described tract contains 14.21 acres, more or less, per plat of survey R-7295, dated June 25, 1996, by Elgin Surveying & Engineering, Inc.
from its present C-3 (commercial district) to PUD (planned unit development) zoning. (Ord. 3161, §1)
Sec. 42-379. Approving the rezoning and final plat of Park Place Senior Housing, a Planned Unit Development. (Brown)
That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:
A fractional part of Lot 85 of Railroad Addition, Rolla, Missouri more particularly described as follows: Beginning at the Southwest Corner of Lot 85 of said Railroad Addition; thence North 0°25'50" East, 652.13 feet along the West line of said Lot 85 to the southerly right-of-way of Lanning Lane; thence North 87°47' East 379.52 feet along said southerly right-of-way to the west line of a parcel described in Phelps County Deed Records at Book 298, Page 175; thence South 0°33'40" West, 658.56 feet along said West line to the South line of the aforesaid Lot 85 of Railroad Addition; thence South 88°44'40" West, 377.77 feet along said South line to the point of beginning. Above described tract contains 5.69 acres, more or less, per plat of survey R-9583, dated September 7, 2000 by Elgin Surveying & Engineering, Inc.
from its present R-1 (single family district) to R-3 (multi-family district) zoning.
That an application for a Planned Unit Development (PUD) for this property, Park Place Senior Housing, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3403, §§ 1 & 2)
Sec. 42-380. Approving the rezoning and final plat of Jordan's Pass, a Planned Unit Development. (Jordan)
(Ord. 3406, §§ 1 & 2) (Repealed by Ord. 3504, § 1)
Sec. 42-381. Approving the rezoning and final plat of North Meadow, a Planned Unit Development (Sally/Brown).
That the Basic Zoning Ordinance No. 1248, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning classification of the following property situated within the City of Rolla, Missouri, and described as follows:
Tract 9 of Forum Lakes Subdivision, a Subdivision in Rolla, Missouri
from its present R-3 (multi-family district) zoning to PUD (Planned Unit Development). (Ord. 3431, §1)
That an application for a Planned Unit Development (PUD) for this property, North Meadow Planned Unit Development, has met the requirements of Section 42-278 of the Code of the City of Rolla, Missouri and is hereby approved. (Ord. 3431, §2)
Sec. 42-382. Approving North Ridge Planned Unit Development (Sally/Brown).
Sec. 42-383 - Approving Lexington Place as a Planned Unit Development. (Brown)
Sec. 42-384. Approving Cedar Trail Planned Unit Development. (Timber Ridge Builders)
Sec. 42-385. Approving real estate known as 1551 Highway 72 East from R-1 (Single Family) to PUD (Planned Unit Development) District zoning. (Bahr)
That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows:
A fractional part of the North Half of Lot 2 of the Northwest Quarter, and a fractional part of the North Half of Lot 3 of the Northwest Quarter of Section 18, Township 37 North, Range 7 West of the 5th P.M. described as follows: Commencing at the Northwest Corner of Lot 2 of the Northwest Quarter of said Section 18; thence South 89°13'50" East, 30.00 feet along the Section Line to the true point of beginning of the hereinafter described tract: Thence continuing South 89°13'50" East, 516.00 feet along said Section Line to the northwest corner of a parcel described in Phelps County Deed Records at Document No. 2002-5138; thence South 0°10'40" West; 781.36 feet along the West line of said Document No. 2002-5138 parcel to the North line of a parcel described in Phelps County Deed Records at Document No. 2000-878; thence North 89°12'40" West, 559.86 feet along the northerly line of said Document No. 2000-878 parcel to its northwest corner; thence South 40°45'20" West, 421.68 feet along the westerly line of said Document No. 2000-878 parcel to the northeasterly right of way of Missouri Highway 72; thence North 49°23'10" West, 61.45 feet along said northeasterly right of way to the southernmost corner of a parcel described in Phelps County Deed Records at Document No. 2003-2216; thence North 40°58'30" East, 467.06 feet along the southeasterly line of said Document No. 2003-2216 parcel; thence South 76°34'40" East 61.21 feet; thence South 89°18' East, 170.22 feet; thence North 0°10'40" East, 375.00 feet; thence North 89°`12'50" West, 170.00 feet; thence North 0°10'10" East, 346.33 feet to the true point of beginning. Above described tract contains 8.49 acres, more or less, per plat of survey R-11834, revised June 13, 2005 by Elgin Surveying & Engineering, Inc. from R-1 (single family) to PUD (planned unit development) zoning.
Any future land subdivision within the PUD shall require the dedication of right-of-way, in an amount and location as determined by the Public Works Director. (Ord. 3685, §§1-2)
Sec. 42-386. Approving the rezoning of real estate known as 8.43 acres South of Victoria Hills Plat No. 2 from R-1 (Single Family) District to PUD (Planned Unit Development. (Forness)
That the Basic Zoning Ordinance No. 3414, Chapter 42 of the Code of the City of Rolla, Missouri, which said zoning ordinance adopts zoning regulations, use districts and a zoning map in accordance with a comprehensive plan, be and the same is hereby amended by changing the zoning and classification of the following property situated within the City of Rolla, Missouri, and described as follows: Part of the SW1/4 of the SW1/4 of Section 13, T37N, R8W of the 5th P.M. in the City of Rolla, Phelps County Missouri, described as follows: commencing at the SW corner of the SW1/4 of the SW1/4 of said Sec. 13, thence N32°37'28"E 52.38 feet to the east right-of-way line of Rolla Street. Thence along said East right-of-way line N00°24'23"E 181.16 feet to the point of beginning. Thence with same N00°07'54"E 179.48 feet, thence with same N00°16'10"E 10.00 feet to the South line of Victoria Hills Plat #2, thence leaving said East right-of-way line of Rolla Street N89°21'13"E 1304.61 feet along the South line of Victoria Hills Plat #2, thence leaving said South line S00°51'30"W 9.95 feet along the East line of said SW1/4 of the SW1/4, thence with same S00°22'46"W 189.25 feet to the Northerly right-of-way line of Lions Club Drive. Thence leaving said East line along said Northerly right-of-way line the following courses and distances S64°27'53"W 76.16 feet, thence along a curve to the right having a radius of 1660.00 feet and an arc length of 604.63 feet with a chord of S75°32'33"W 601.29 feet, thence along a curve to the right having a radius of 2251.83 feet and an arc length of 135.68 feet with a chord of S88°09'16"W 135.66 feet, thence N89°52'17"W 80.73 feet, thence leaving said northerly right-of-way line N00°13'57"W 185.00 feet to the South right-of-way line of Pebble Stone Lane, thence along said South right-of-way line S89°32'03"W 250.00 feet, thence with same S89°44'43"W 185.55 feet to the point of beginning. Containing 8.43 acres. Subject to easements and restrictions existing or of record; from R-1 (single family district) to PUD (planned unit development) zoning.
That Pebble Stone PUD be approved with the landscaping site plan, building elevation drawing, homeowner covenants/restrictions and Exhibit I requirements and standards.
(Ord. 3745, §§1-2)
Sec. 42-387. Approving the rezoning of real estate known as Lot 1 of VBC Inc Subdivision from C-2 (General Retail District) zoning to PUD (Planned Unit Development District) zoning. (Lincoln Hotel Group Inc.)
Sec. 42-388. Approving rezoning real estate known as Lots 1-4 and the north half of the vacated alley of Block 9, Holloway Addition from R-3 (Multi Family) Zoning to PUD (Planned Unit Development District) Zoning. (Chapman)
Sec. 42-389. Approving the rezoning of real estate known as 400 East 6th Street (Block 70, County Addition) from C-1 (neighborhood business district) to PUD (planned unit development district) zoning. (Marge & Mavis LLC)
Sec. 42-390. Approving the rezoning of real estate known as part of Tract 3, Heritage Heights Addition from R-3 (Multi-Family) zoning to PUD (Planned Unit Development District) zoning. (Gingerbread House)
Sec. 42-391. Approving the rezoning of real estate known as 207 West 9th Street from G-I to PUD. (Wands)
Sec. 42-392. Rezoning of real estate known as 600-602 North Elm Street and 604 North Elm Street, from CC (Center City District) zoning and C-3 (Highway Commercial District) zoning to PUD (Planned Unit Development District) zoning. (Wands)
Sec. 42-393. Rezoning of real estate known as Lot 4 of the Heritage Height Subdivision, A 1.3 acre tract located at the intersection of Pershing Place and Truman Avenue, from C-O (Commercial Office District) to PUD (Planned Unit Development District) zoning. (Woessner)
§ 42-394. Amending the Planned Unit Development known as the Pebble Stone PUD by amending certain elements found in Exhibit 1 of said PUD (Forness).
Secs. 42-395. Reserved.
DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP
SUBDIVISION IIa. WIRELESS COMMUNICATIONS FACILITIES CODE
Sec. 42-396. Purpose.
Sec. 42-397. Definitions.
As used in this Division, the following terms shall have the meanings and usages indicated:
Sec. 42-398. Application Procedures; Timing.
Sec. 42-399. General Requirements.
Sec. 42-400. Permitted Use.
(Ord. 4470, §1)
Sec. 42-401. Administrative Approval.
Sec. 42-402. Conditional Use Permit.
Sec. 42-403. Commercial Operation of Unlawful Wireless Communications Facilities.
Notwithstanding any right that may exist for a governmental entity to operate or construct Wireless Communications Facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any Wireless Communications Facilities in violation of any provision of this Division, regardless of whether such Wireless Communications Facilities are located on land owned by a governmental entity. (Ord. 4470, §1)
Sec. 42-404. Removal of Support Structure.
Any Wireless Communications Facility or portion thereof that is no longer in use for its original communications purpose shall be removed at the owner's expense. In the case of multiple operators sharing use of a single Support Structure, this removal requirement shall not apply to the Support Structure until all users cease operations of the same. (Ord. 4470, §1)
Sec. 42-405. Penalty.
Except as may otherwise be provided by law, any person violating any provision in this Division shall be subject to Section 1-7. (Ord. 4470, §1)
Sec. 42-406. Appeals.
The procedures of the Board of Adjustment, pursuant to Division 21 of Chapter 42 shall govern appeals by any aggrieved person of a final action of any City Officer, employee, board, commission, or the City Council that are claimed by an aggrieved person to be unlawful or an unconstitutional taking of property without compensation. To the fullest extent permitted by law, the review procedures of Board of Adjustment, pursuant to Division 21 of Chapter 42 shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions. Nothing herein shall be deemed to unlawfully limit any remedy that is required to be available as a matter of law. (Ord. 4470, §1)
Secs. 42-407 to 42-412. Reserved.
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