§ 25-251. Special uses.

Any of the following uses and only those following uses may be located in any district by special use permit, issued by the city council after public hearing and under such conditions as the city council may impose as to its improvements, signs, time limit and other considerations in the interest of the public welfare. Such special use permit may not be issued, however, until a public hearing is held by the commission and a recommendation by that body submitted to the city council. Such special use permits shall be approved only after determination that the establishment of such use will conform to the intent and purpose of this chapter, that neighboring property will not be unnecessarily injured and that substantial justice is done. The uses shall comply with the height and area regulations in the district in which they are located, except that radio towers, drive-in theater screens and public utility structures may exceed such height requirements.

Any special use permit granted under this section shall automatically be revoked if the real estate is not being used for the permitted use for a period of one year. Failure to purchase a merchants license or business license, for those businesses required to purchase such a license, shall be prima facia evidence of cessation of the permitted use.

(1)

Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or fairgrounds.

(2)

Aviation fields or airports.

(3)

Cemeteries, mausoleums, or crematories for the disposal of the human dead.

(4)

Golf driving ranges, commercial or illuminated.

(5)

Quarries, mines, sand or gravel pits or excavations for the purpose of removing, screening, crushing, washing or storage of ore, clay, stone, gravel or similar materials, provided, however, that no permit shall be issued until and unless the site location and plan of operation, including necessary structures, has been submitted to and approved in writing by the council, which permit shall be for a limited period of time not to exceed five (5) years.

(6)

Radio towers under such safeguards as the council may require.

(7)

Reservoirs, wells, towers, filter beds, or water supply plants.

(8)

Riding stables and tracks.

(9)

Motels or motor hotels.

(10)

Building or the use of premises for public utility purposes or public service corporations, which building or uses the council deems reasonably necessary for public convenience or welfare.

(11)

Trailer courts and mobile home parks subject to the following minimum standards:

a.

Each trailer shall be located on a separate lot having a width of not less than fifty (50) feet and a length of not less than eighty (80) feet and such lot shall have an area of not less than four thousand (4,000) square feet.

b.

Each trailer lot shall have connection to a sanitary sewer system or septic tank approved by the state water pollution board, and to a pure and safe water supply.

c.

The minimum distance between trailers shall be twenty-five (25) feet and no trailer shall be located closer than thirty (30) feet to a court property line.

d.

At least one hundred (100) square feet of playground area shall be provided for each trailer lot, other than the area of the trailer lot itself, except that no playground shall have an area of less than twenty-five hundred (2,500) square feet.

e.

All streets, drives and walks in the court shall be surfaced with an asphaltic concrete or portland cement concrete pavement.

(12)

Day care centers or day care schools.

(13)

Bed and breakfast facilities subject to the following minimum standards:

a.

A bed and breakfast shall be considered to be a single-family residential structure and shall not be treated as a hotel. A bed and breakfast shall not operate as a restaurant unless zoned and licensed to do so.

b.

A bed and breakfast shall be owner-occupied. One (1) outside employee will be allowed to operate the business.

c.

The provisions of this section shall not be interpreted to affect locating zoning, fire safety, or housing regulations.

d.

A bed and breakfast shall serve breakfast at no extra cost to its tenants.

e.

A bed and breakfast shall conform to all federal, state and local laws and regulations concerning health, safety, licensing, nondiscrimination or any other applicable law or regulations.

f.

A bed and breakfast shall have a working smoke detector in every sleeping room and a fire extinguisher in proper working order on every floor. No significant or substantial landscaping or structures shall be removed to provide the required parking.

g.

A site plan of the property and a building floor plan shall be submitted with the application for special use permit showing entryways, guest rooms location, existing, location of smoke detectors, fire extinguishers, etc.

h.

One (1) nonilluminated sign, no longer than four (4) square feet, is permitted for each bed and breakfast facility.

i.

The council of the city may revoke any special use permit granted under this section for violation of any condition of the permit or if the facility shall become a nuisance to the community in which it is located.

j.

Bed and breakfast facilities shall also be subject to any other conditions set by the city council.

k.

All bed and breakfast facilities shall contain a minimum of three thousand five hundred (3,500) square feet of living area.

(14)

Nonskilled residential care facilities subject to the following minimum standards:

a.

Must be duly licensed and inspected by the State of Missouri.

b.

The structure shall comply with all local building, fire safety, and existing Structure Codes of the City of Carthage.

c.

The special use permit will be issued for a term of two (2) years to be renewable upon re-evaluation by the council.

d.

The council may revoke any special permit granted under this section for violations of any condition of the permit, or if the facility shall become a nuisance to the community in which it is located.

(15)

Nonprofit, mainly philanthropic, organizations dedicated to the expansion, promotion, and the study of the humanities, subject to the following minimum standards:

a.

One (1) nonilluminated sign, no larger than four (4) feet square, shall be permitted.

b.

A floor plan of all structures on the site must be submitted with the application for a special use permit, showing entryways and exits, all rooms including storage and bathrooms, and the location of smoke detectors, fire extinguishers, or any other fire protection devices or equipment.

c.

All structures located on the site shall comply with all local building, fire safety, and existing structure codes of the City of Carthage.

d.

The council may revoke any special use permit granted under this section for violations on any condition of the permit, or if the facility shall become a nuisance to the community in which it is located.

(16)

One (1) licensed operator beauty shop.

(17)

Pet cemeteries for the disposal of dead domestic animals.

(18)

Restaurants selling liquor by the drink provided that at least sixty (60) percent of their gross income is derived from the sale of prepared meals or food.

(Code 1978, § 405.140; Ord. No. 6386, § 1, 1-29-92; Ord. No. 6622, § 1, 7-12-94; Ord. No. 6655, § 1, 10-11-94; Ord. No. 98-75, § I, 11-24-98; Ord. No. 99-71, § IV, 9-16-99; Ord. No. 06-26, § I, 4-11-2006; Ord. No. 06-32, § I, 4-25-2006)