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Home My Public Portal AboutORD15289 BILL NO. 2014-33 SPONSORED BY COUNCILMAN Graham 9 0 ORDINANCE NO. / 5 v 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTIONS OF CHAPTER 35, THE ZONING CODE, PERTAINING TO DAYCARE HOMES, DRIVE THROUGH RESTAURANTS, FUNERAL HOMES, FUNERAL ARRANGEMENT SERVICE OFFICES, CREMATORIUMS AND MORTUARIES. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning code text amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 35-41-B (Specific use standards) is amended as follows: 6. Day Care Homes for Children or Adults. Day care for seven to ten children or adult clients may be authorized as provided in Exhibit 35-28 Land Use Matrix. subject to the following requirements: a. Administrative Procedures (I) Inspections, Licensing and Permits. The following inspections and permits are required: (a) .•. _ - ! - . - '--• Daycare home permit issued by the Department of Planning and Protective Services. (b) Annual Environmental Health Services Inspection;(Ord. 13869. j4.4- 18-2005) (c) Compliance with State of Missouri Licensing requirements. as applicable. A state license shall not override the City's restrictions on the number of clients allowed in a Day Care Home. (3)j?J Revocation of Day Care Home Permits. If. in the opinion of the Director.any day care home has become a safety hazard to the public, pedestrians. motorists. or to adjacent or nearby properties. residents or businesses, the Director shall institute proceedings to revoke the day care home permit. A revocation hearing shall be scheduled before the Board of Adjustment. Notice of Intent to Revoke the Day Care Home Permit shall state the specific reasons for the revocation, and shall be sent to the day care home provider at the address of the day care home. Notice and procedure shall be in accordance with See ie .tea of-Adjustment)Section 35-70. (4)f31 Day Care Home Application Content. The application for day care home shall provide the following information and other information requested by the Director in order to provide evidence that the use complies with the requirements of this Section: Bill 2014-33— Page 1 Drafters Note: Deleted text shown as thus. Inserted text shown as thus (a) the first and last name of the prospective day care provider(the "Applicant')and telephone number. (b) the address of the residence to be used for said day care home: (c) name,address,telephone number and authorizing signature of property owner, if different from the applicant: (d) interior floor plan of the dwelling; (e) exterior site plan showing the locations and dimensions of the off-street parking required for the dwelling and the proposed day care home use, the location and dimensions of required indoor area: location and dimensions of outdoor play area, and location of proposed or existing fencing. (f) number of individuals who will be cared for at the day care home: (g) days and hours of operation: (3)-j Operational Standards. (a) The Applicant shall establish occupancy in the dwelling prior to application for a day care home and shall reside in the dwelling in order to retain a valid Day Care Home permit. (b) The day care home shall be staffed by the Applicant and family members only residing at the dwelling. No outside employees or assistants shall assist with the day care home, except that a substitute shall be permitted in the occasional absence of the day care home provider. (c) The day care home permit shall be issued in the name of the Applicant and to the address specified in the application. The Day Care Home Permit shall not be transferable to another location or to another day care provider. (d) Off Street Loading. A day care home shall be located on a site that will accommodate and provide space for one off-street passenger loading area to allow safe delivery and pick-up of passengers and to not impede the flow of traffic on abutting streets, in addition to the off-street parking required for the residential use(see Exhibit 35-58A). (e) Location on Arterial Streets. Day care homes which are located on designated arterial streets shall provide a means of egress to prevent patrons from backing out onto the arterial street. such as a circle driveway or paved turn-around area with minimum dimensions of ten feet in width by 20 feet in length. (1) ., ... -.. - ... .. provided for each child or adult client.excluding;the kitchen, hallways. "" " " . Indoor and outdoor play space shall be provided in accordance with State of Missouri licensing requirements. No outdoor play space shall be permitted in the front Yard. (g) Outdoor Play Areas for Child Day Care f lomcs. Outdoor play space Bill 2014-33— Page 2 Drafters Note: Deleted text shown as thus. Inserted text shown as thus Section 2. Exhibit 35-28.(Land Uses Authorized in Zoning Districts) Section 3.Commercial Use, G. Retail Sales and Service, Use 21, Food Service-Drive-In and Drive-Through - is amended as follows to remove drive-in and drive-through food services from the C-1 district . Exhibit 35-28:Land Uses Authorized in Zoning Districts 3.Commercial Use Use Category Specific Use Type Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC C-O C-1 C-2 C-3 M-1 M-2 - 21.Food Service- G.Retail Sales and Service Drive-In andlor Dore- P P - P - Through Section 3. Exhibit 35-28 (Land Uses Authorized in Zoning Districts) Section 3. (Commercial Use), G.( Retail Sales and Service) is amended by the addition of Use Number 33. Funeral Arrangement Service Office; with the remaining uses to be renumbered, as follows: Exhibit 35-28:Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts RU RS-0 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-0 RC C-0 G1 C-2 C-3 M-1 M-2 3.Commercial Use i I I I G.Retail Sales and Service 32.Mortuary,Funeral C P P P Home • 33.Funeral Arrangement PPP P - - _ Service Office — — - — 33:34.Serices, - - - - Personal P P P 34.35.Dog DayCare and Grooming, P P P - indoor operations Section 4. The following addition to Chapter 35 (Zoning Code), Section 41.B (Specific Use Standards) is hereby approved: 32. Crematorium. a. Crematoriums are authorized as a permitted accessory use to a funeral home. b. Separation requirement. Crematorium smoke stacks shall be located a minimum of 100 feet from any neighboring private property. c. Crematoriums shall comply with State of Missouri air pollution control program permit requirements and other permit and licensing requirements,as applicable. Section 5. Section 35-92 (Definitions) is amended as follows: Bill 2014-33- Page 3 Drafters Note: Deleted text shown as thus. Inserted text shown as thus Crematorium. A location containing properly installed,certified apparatus intended for use in the act of cremation. Funeral Arrangement Service Office. An office used for the arrangement of funeral services, with no facilities for funeral services,viewings,storage of bodies,or embalming. Funeral Home. A building or part thereof used for human funeral services. Mortuary'. A place for the storage and embalming of human bodies prior to their burial or cremation. Section 6. This ordinance shall be in full force and effect from and after its passage and approval.ov / Passed: -77Dpi Approved: c7I2( ((7 0, , Presiding Officer Mayor S ATTEST,: -••- APPROVED AS TO FORM: _ , 9 ,,r ,. ..__ ___ _... .. -aaiy,f7 if),;Teri( City Clerk'_: ;.% City Counselor Bill 2014-33- Page 4 Drafters Note: Deleted text shown as thus. Inserted text shown as thus