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[Ord. No. 2480, 5-8-2023]
A. 
Delegation Of Power. The Governing Body is hereby authorized to decide whether special use permits shall be granted subject to the general and specific standards contained in the Chapter; to grant special use permits with such conditions or restrictions as are appropriate to protect the public interest and to secure compliance with this Chapter; and to deny requests which fail to satisfy the standards and requirements contained herein and which are not in harmony with the purposes and interest of this Chapter and the health, safety, and welfare of the community. The Governing Body shall decide whether special use permits shall be granted only after having received a recommendation from the Planning and Zoning Commission. In no event shall a special use permit be granted where the proposed use is not authorized by the terms of this Chapter, or where the standards of this Article are not found to exist.
B. 
Conditions And Guarantees. Prior to the granting of any special use permit, the Planning and Zoning Commission or Governing Body may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special permit use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may recommend or Governing Body may require such evidence and guarantees as may be deemed necessary to insure that the conditions stipulated are being, and will be, fully complied with.
[Ord. No. 2480, 5-8-2023]
A. 
Application. A written application for a special use permit shall be filed with the Zoning Administrator and shall include a statement indicating the Section of the Chapter under which the permit is sought, the grounds upon which it is requested, and sufficient evidence to show that the use will conform to the standards set forth. The application shall be accompanied by an area map and site plan of the subject property.
B. 
Fees. Every application for a special use permit shall be subject to a filing fee of fifty dollars ($50.00).
C. 
Site Plan. All applicants for a special use permit shall submit with their application ten (10) copies of a development plan for the property which shall include the following:
1. 
A site plan showing:
a. 
Approximate size and locations of all buildings.
b. 
Access from streets.
c. 
Parking arrangements and numbers of spaces.
d. 
Interior drives and service areas.
e. 
Landscaped areas.
f. 
All proposed signs.
2. 
Location map showing development and zoning of adjacent property within one hundred (100) feet.
3. 
The full legal description of the boundaries of said development area.
4. 
A description of the general character of all buildings.
D. 
Hearing. Upon receipt of the formal application and all accompanying material, the Zoning Administrator shall call a public hearing for the next scheduled meeting of the Planning and Zoning Commission; provided, however, that notice must be published in a newspaper of general circulation at least fifteen (15) days prior to the date set for hearing. The Planning and Zoning Commission shall submit a recommendation to their Governing Body within thirty (30) days after the close of the public hearing.
E. 
Findings. In making a recommendation to the Governing Body, the Planning and Zoning Commission shall specify the particular grounds relied upon and their relation to the proposed use and shall make affirmative findings that the proposed use conforms with the general standards set forth in this Article. In no case shall an exception be granted if the proposed use will constitute a nuisance or a public health or safety hazard to adjacent properties or to the community at large.
F. 
Action By Governing Body. The Governing Body shall consider the Planning and Zoning Commission's recommendation at the next regularly scheduled Governing Body meeting for which the agenda item can be docketed. The Governing Body may adopt or may revise or amend and adopt such recommendation by resolution. If the Governing Body fails to act upon a recommendation within one hundred twenty (120) days from the receipt thereof, the application shall be deemed to have been denied.
[Ord. No. 2540, 3-11-2024]
A. 
The keeping of fowl, regardless of the zoning designation, shall require a special use permit and be subject to but not limited to the following requirements:
1. 
The keeping of chickens will only be allowed on lots no smaller than two-tenths (0.2) acres (8,712 square feet). The keeping of chickens will not be allowed in the following Zoning Districts: "R-3," "M-P," "C-1," "C-2," "I-1."
2. 
Only female chickens will be allowed. No other egg laying fowl will be allowed. No roosters will be allowed. No guinea hens will be allowed.
3. 
The maximum number of chickens allowed under a special use permit shall be ten (10) or less. The permitted maximum shall be reduced to the maximum number of chickens allowable under Subsections (A)(8) and (9) of this Section if the coop and/or run shall not be of a sufficient size to house ten (10) chickens.
4. 
Any unsexed chick or incorrectly sexed chick which is found to be a rooster shall be permanently removed from City limits within no less than ten (10) days of the discovery of the chicken's gender. Removal shall be the owner's responsibility and at the owner's expense.
5. 
No fighting birds or gamecocks shall be allowed.
6. 
Chickens shall be kept in a fenced-in area or an enclosed chicken coop or tractor. Free-range chickens are prohibited. Chicken enclosures shall meet one (1) of the following requirements:
a. 
Minimum six (6) feet tall fence. A variance for a fence not to exceed eight (8) feet in height may be requested through the Board of Adjustment, the application for which shall be reviewed on a case-by-case basis.
b. 
Completely enclosed overhead cover, provided that blue colored tarpaulin-style covers shall not be acceptable.
7. 
Chickens shall be kept in a rear yard, as defined by the City. Keeping of chickens in a side yard shall be permitted only in instances of properties on corner lots or other locations where no true backyard exists.
8. 
Chicken coops and runs must meet the required setbacks as established for accessory structures and should be designed to minimize visual impact.
9. 
Chickens must be provided with a coop or other suitable roosting location. Coops must have a minimum size of four (4) square feet per chicken and must meet required accessory structure standards and setbacks.
a. 
Coops cannot be within five (5) feet of a side-yard lot line or five (5) feet from a rear-yard lot line.
b. 
Coops shall be kept in good repair.
10. 
Chickens must be provided with an area in which to run, either in the form of a fenced-in area or a constructed chicken run. Runs must have a minimum size of eight (8) square feet per chicken and shall be constructed in such a way as to not allow the chicken to escape. Any run enclosure with a height shorter than six (6) feet will require an overhead cover. Plastic Poly Tarp (blue colored tarpaulin-style) covers are prohibited. Nothing in this Section shall be construed as to permit the construction of fences taller than any fence height restrictions prescribed by Plattsburg Zoning Regulations or City Code except when a fence height variance not to exceed eight (8) feet is granted by the Board of Adjustment.
11. 
Portable coop and run combinations, commonly called "chicken tractors," are acceptable; provided that, they meet all other requirements.
12. 
Chickens shall be kept in a hygienic, sanitary, and humane manner. Chickens shall be provided with food and water on a regular basis. Chickens shall be provided with enclosed roosting area(s), nesting boxes adequately sized for adult chickens, shade, and sanitary living conditions. Chicken excrement shall be removed on a regular basis.
13. 
Owners shall be responsible for making reasonable efforts to control opossums, raccoons, mice, rats, rodents, vermin, and other nuisance animals in the vicinity of chickens and coop area.
14. 
Owners shall be responsible for the safety and security of their poultry. Fencing and/or chicken runs shall be free of holes/gaps in which predators can easily enter and chickens can easily exit. By applying for a permit, owners acknowledge that the City of Plattsburg shall not be held liable for any chickens which escape, are stolen, or are killed by predators.
15. 
Chickens outside the coop/run area shall be considered a nuisance pursuant to the Municipal Code of the City of Plattsburg.
16. 
Excessive noise and/or odor created by chickens will be considered a nuisance pursuant to the Municipal Code of the City of Plattsburg.
17. 
Live chickens shall not be permitted inside residences, campers, or buildings commonly used as dwellings.
18. 
The City shall reserve the right to place additional requirements upon any special use permit.
19. 
The City shall reserve the right to revoke the special use permit for any violation related to the same.
20. 
There shall be a non-refundable fifty dollar ($50.00) application fee for a chicken-keeping special use permit. Application is restricted to the current owner of the property. Owners may submit an application upon the request of a rental tenant or occupant.
21. 
Applicants shall be required to submit a site plan to the City Building Inspector or his/her designee, which shall include the limits of the areas in which the coop and runs can be placed. The site plan shall also include any fixed structures to be used. If portable or moveable structures are to be used, a picture or drawing of said structure shall be include with the application.
22. 
Upon the approval of the special use permit, the City shall require an agreement allowing the City, at their discretion, to periodically inspect the coop/run with notice. There will be no annual fee for the permit.
23. 
Current residents with chickens will be grandfathered in.
B. 
Inspection of chicken-keeping facilities shall be the responsibility of the Code Enforcement Officer or his/her designee. Determination of subjective criteria such as hygienic and sanitary conditions shall be at the professional discretion of the Code Enforcement Officer. The authority to enforce any provision of this Section shall be vested in both the Code Enforcement Officer as well as any sworn member of the Plattsburg Police Department.
C. 
The enforcement of any City Codes and/or Zoning Regulations relative to the keeping of female chickens in the City limits shall be hereby suspended through April 1, 2025, to allow residents adequate time to secure a special use permit and to allow any resident not currently in compliance with the provisions of this Section to become compliant. This suspension shall not apply to nuisance noises from crowing roosters or to chickens being allowed to roam at-large.
[Ord. No. 2480, 5-8-2023]
A. 
Before any permit shall be granted, the Planning and Zoning Commission shall make written findings certifying that adequate provision has been made for the following:
1. 
The location and size of the proposed use in relation to the site and to adjacent sites and uses of property, and the nature and intensity of operations proposed thereon.
2. 
Accessibility of the property to police, fire, refuse collection and other municipal services; adequacy of ingress and egress to and within the site; traffic flow and control; and the adequacy of off-street parking and loading areas.
3. 
Utilities and services, including water, sewer, drainage, gas, and electricity, with particular reference to location, availability, capacity and compatibility.
4. 
The location, nature, and height of buildings, walls, fences, and other improvements; their relation to adjacent property and uses; and the need for buffering or screening.
5. 
The adequacy of required yard and open space requirements and sign provisions.
6. 
The general compatibility with adjacent properties, other properties in the district, and the general safety, health, comfort and general welfare of the community.
[Ord. No. 2480, 5-8-2023]
A. 
In granting a special use, the City may impose such conditions, safeguards and restrictions upon the premises to reduce or minimize any potential injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these Regulations. The following additional conditions shall be requirements for the approval of the following special uses:
1. 
Day care homes shall obtain a special use permit for the care of more than six (6) children in zoning districts permitting residents, provided that:
a. 
One (1) off-street parking space is provided for each non-resident or non-family member employee, in addition to the two (2) spaces per single-family or duplex unit required. The residential driveway is acceptable for this purpose.
b. 
If located on an arterial or collector street, an off-street drop-off/pick-up area must be provided.
c. 
The requirements for accessory uses for the proposed day care home are met.
2. 
Residential or out-patient facilities for the treatment of alcohol or other drug abuse may be permitted as a special use in commercial districts, provided that:
a. 
State certification requirements of the Division of Alcohol and Drug Abuse of the Department of Mental Health shall be met.
b. 
The facility shall be subject to all building regulatory codes, subdivision regulations and other non-discriminatory regulations.
c. 
The design of the facility shall be generally compatible with other physical structures in the surrounding neighborhood, and the applicant shall submit site plans to the Planning Board for review and approval.
d. 
The facility shall be located no closer than one thousand (1,000) feet from another such facility, and no closer than three hundred (300) feet from any residentially zoned district, unless the Governing Body approves a closer location by a majority vote of the full body.
3. 
Salvage yards shall be subject to the following additional requirements:
a. 
The salvage yard shall be located on no less than ten (10) acres of land and at least one thousand three hundred twenty (1,320) feet from a residential district or farmstead.
b. 
The salvage yard shall be screened by natural objects, plantings, fences, or other appropriate means so as to not be visible from the main travelled way of the street, or a highway on the interstate or the primary system, or any other State, County, or Township highway, street or road, or a City street, or from adjoining property.
c. 
No junk salvaged materials shall be loaded, unloaded or stored, either temporarily or permanently, outside the enclosed building, fence or wall, or within public right-of-way.
d. 
Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the Fire Department, except when prohibited by the State Department of Health. Burning, when permitted, shall be done only during daylight hours.
e. 
Prior to obtaining a building permit for any new building, the applicant shall prepare a site plan and submit it with the permit application for review and approval by the Zoning Officer. The site plan shall address the additional requirements for salvage yard permit applications.
[Ord. No. 2480, 5-8-2023]
A. 
Sunset. A special use permit shall expire, upon public hearing, unless a building permit is taken within twelve (12) months to effectuate such specially permitted use; or if no building permit is required, evidence of use is filed with the Zoning Administrator.
B. 
Abandonment. Once a specially permitted use ceases or is abandoned for a period of more than twelve (12) months, the special use permit shall expire upon public hearing; except that the special use permit for an auto salvage yard shall automatically expire if the State license for operating the auto salvage yard lapses for a period of time more than six (6) months.
[Ord. No. 2480, 5-8-2023]
A. 
The establishment, location and use of manufactured homes as residences shall be permitted in the allowable districts as outlined on the Zoning Map for Plattsburg, Missouri, subject to a special use permit to assure that such homes shall meet the following requirements and limitations.
1. 
The home shall meet all the requirements applicable to single-family site-built dwellings and possess all necessary improvement, location and building and occupancy permits and other certificates as required by code.
2. 
The manufactured home shall have a minimum of seven hundred twenty (720) square feet excluding hitch. Two (2) structures may not be joined together to meet the square footage requirement, nor may add-on or lean-to type structures be joined to a manufactured home for that purpose.
3. 
The home shall be attached and anchored to a permanent foundation in conformance with the regulations of the Missouri Public Service Commission and the Zoning and Planning Board of Plattsburg, Missouri.
4. 
Skirting shall be installed within thirty (30) days of occupancy unless a permanent perimeter enclosure has been installed.
5. 
Manufactured homes shall be placed only within a recognized manufactured home park or in permitted areas as designated on the Zoning Map.
6. 
Manufactured homes may be inspected by the Zoning Administrator to assure that the unit is habitable. Any manufactured home found to be un-inhabitable shall not be allowed within the incorporated City limits of Plattsburg, Missouri.
B. 
Structural Additions Or Alterations. Any structural alteration or modification of a manufactured home after it is placed on the site shall comply with the same regulations applicable to any other dwelling.