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Arnold City Zoning Code

SECTION 405

150 Use And Zoning Performance Standards.

[Ord. No. 14.545 (Bill No. 2772), 10-15-2020; Ord. No. 14.548 (Bill No. 2787), 5-6-2021; Ord. No. 14.550 (Bill No. 2790), 5-20-2021; Ord. No. 14.560 (Bill No. 2834), 8-4-2022; Ord. No. 14.563 (Bill No. 2849, 1-19-2023; Ord. No. 14.568 (Bill No. 2867), 11-2-2023; Ord. No. 14.569 (Bill No. 2885), 11-21-2024; Ord. No. 14.578 (Bill No. 2901), 5-1-2025]
A. 
Use Standards.
1. 
These use standards shall apply to permitted, conditional, and accessory uses as otherwise authorized in this Chapter.
a. 
Car Sales. Establishments providing car sales, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions and restrictions:
(1) 
Minimum area:
(a) 
Car sales establishments located within the "C-2," "C-3," and "C-4" zoning districts shall only be located on parcels, or contiguous parcels, that are at least two and one-half (2 1/2) acres in total area.
(b) 
Car sales establishments located within the "M-1," "M-2," and "M-3" zoning districts shall have no minimum acreage provided the Planning Commission determines the proposed area is sufficient.
(2) 
Screening. Any outdoor sales shall be visually screened from adjacent property in any "R" Residential District.
(3) 
Traffic Study. A traffic study may be required for establishments which derive from an arterial street, or from a major collector street where the nearest driveway is within five hundred (500) feet of an arterial street, as determined by the Director of Community Development or the Planning Commission. Such studies shall be performed by a qualified firm or individual of the City's choosing from the Missouri Department of Transportation Local Public Agency Consultant's List. The cost of the study shall be borne by the applicant by remittance to the City.
b. 
Tobacco, Nicotine, And Other Legal Substance Establishment. Tobacco, nicotine, and other legal substance establishments, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
(1) 
No tobacco, nicotine, and other legal substance establishment shall be located on a parcel, which is within one thousand (1,000) feet of another tobacco, nicotine, and other legal substance establishment is located, including such establishments located outside of the City limits.
Such distances referred to above shall be measured by the methodology established by the Missouri Department of Health and Senior Services Division of Regulation and Licensure for medical marijuana-related entities and protected uses. For the purposes of this measurement, tobacco, nicotine, and other legal substance establishments shall be subject to the proximity criteria for medical marijuana-related entities.
(2) 
No tobacco, nicotine, and other legal substance establishment shall be operated or maintained within two hundred fifty (250) feet of primary or secondary schools, residentially zoned districts or any public park.
Such distances referred to above shall be measured by the methodology established by the Missouri Department of Health and Senior Services Division of Regulation and Licensure for medical marijuana-related entities and protected uses. For the purposes of this measurement, tobacco, nicotine, and other legal substance establishments shall be subject to the proximity criteria for medical marijuana-related entities.
c. 
Medical Marijuana-Related Entities, Medical (Marijuana) Facilities, And Marijuana Facilities. Medical marijuana-related entities, medical (marijuana) facilities, and marijuana facilities, as defined in this Chapter, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
(1) 
(Reserved)
(2) 
No person shall cause or permit the establishment of a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility where such facility is within one thousand (1,000) feet of a parcel of land which is used primarily for any of the following protected uses:
(a) 
Churches;
(b) 
Elementary or secondary schools; and
(c) 
Daycares.
Such distances referred to above shall be measured by the methodology established in the Missouri State Constitution.
(3) 
No person shall cause or permit the establishment of a medical marijuana dispensary facility, comprehensive marijuana dispensary facility, or microbusiness dispensary facility where such facility is within one thousand (1,000) feet of an alcohol or drug abuse facility as defined by the State of Missouri, Chapter 631, RSMo.
Such distances referred to above shall be measured by the methodology established in Article XIV of the Missouri State Constitution. For the purposes of this measurement, alcohol or drug abuse facilities shall be subject to the proximity criteria for churches, elementary or secondary schools, and daycares.
(4) 
No person shall cause or permit the establishment of an outdoor medical marijuana cultivation facility, or any outdoor cultivation associated with a comprehensive cultivation facility or microbusiness warehouse facility where such facility is within two hundred fifty (250) feet of a parcel of land which is used primarily for any of the following protected uses:
(a) 
Churches;
(b) 
Elementary or secondary schools; and
(c) 
Daycares.
Such distances referred to above shall be measured by the methodology established in the Missouri State Constitution for medical marijuana-related entities facilities [herein referred to as medical (marijuana) facilities] and protected uses.
(5) 
Medical marijuana dispensary facilities, comprehensive marijuana dispensary facilities, and microbusiness dispensary facilities shall provide parking spaces in an amount not below fifteen (15) per one thousand (1,000) square feet gross floor area plus one (1) additional space for each employee on the maximum shift and one (1) space for each vehicle utilized in the day-to-day operation of the business.
(6) 
Nuisances. No medical marijuana-related entities, (marijuana) facility or marijuana facility, or marijuana microbusiness facility, as defined in this Chapter, shall emit an odor or in any way cause a public nuisance per Chapter 220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
d. 
Motor Vehicle-Oriented Establishments. MVOEs, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
(1) 
Ingress And Egress.
(a) 
The minimum width of driveways at the right-of-way line shall be twenty-four (24) feet, and shall not exceed forty (40) feet.
(b) 
The radius used to increase the driveway opening at the curb or pavement edge shall not be less than ten (10) feet nor more than forty (40) feet. The edges of the opening shall not project beyond the side property line extended normal to the pavement.
(c) 
The number of commercial entrances for each property or site shall be restricted on the basis of traffic requirements as determined by the City. The maximum number of driveway openings shall be limited to one (1) drive per two hundred (200) feet of lot frontage. On a corner lot, one (1) entrance from each street shall be permitted and located as far as possible from the street intersection corner.
(d) 
The angle and location of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and subject to the review and approval of the City Engineer.
(e) 
MVOEs integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
(f) 
Exceptions to the width and/or radius may be required, or allowed with special approval by the City, to insure adequate provisions for large vehicles and/or high traffic volumes.
(2) 
Drive-Through Lanes Standards. Except as further regulated elsewhere in this Section, all drive-through facilities shall be designed to meet the minimum requirements indicated:
(a) 
Storage Length. If not specifically specified herein, storage length will be determined by the Community Development Director with the input of the City's engineering staff based upon available data for like uses and the volume of adjacent street traffic.
The City may approve reductions in required storage lengths if the applicant submits a traffic study prepared by a professional traffic engineer, which provides verifiable evidence to allow such reduction.
(b) 
Exclusive Use. Drive-through lanes shall be used exclusively for drive-through vehicles commencing at a point not less than sixty-six (66) feet back from the service point of the facility.
(c) 
Lane Width. Drive-through lanes must be a minimum of twelve (12) feet in width, except that a ten-foot wide lane will be permitted within the pickup/service area to guide motorists adjacent to the drive-up facility.
(d) 
Pass-By Lane Provision. Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(e) 
Minimum Distance From A Public Roadway. When the drive-through lane is oriented parallel to a public roadway, there must be a minimum distance of fifty (50) feet measured between the public road curb or edge of pavement and the nearest curb or edge of the drive-through lane.
(f) 
Pedestrian Access And Crossings. Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous sidewalk or delineated walkway satisfying the minimum requirements of the Americans with Disabilities Act (ADA). Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated requirements of the ADA.
(g) 
Automated car washes shall meet the following standards:
(i) 
Storage Length. Stacking spaces equivalent to ten (10) times the capacity of the car wash shall be provided at the entrance. A minimum of one (1) stacking space shall be provided at the exit.
(ii) 
Exclusive Use. The drive-through lane shall be used exclusively for drive-through vehicles for a distance equivalent to fifty percent (50%) of the required storage length of the car wash.
(h) 
Financial institutions shall additionally meet the following standards:
(i) 
Storage Length. All drive-through facilities shall contain stacking capacity for vehicles in accordance with the following criteria:
A) 
Drive-up teller windows and remote tellers. See Table 380.1, below, for stacking for drive-up teller lanes.
TABLE 380.1 Stacking For Drive-Up Teller Lanes
Number Of Lanes
Design Storage (Vehicles Per Lane)
1 — 3
6 (132 ft.)
4 — 5
4 (88 ft.)
5 or more
3 (66 ft.)
B) 
Drive-Up Automatic Teller Machines (ATM). Two (2) stacking spaces (forty-four [44] feet) shall be provided for each ATM.
(i) 
Restaurants shall meet the following standards:
(i) 
Storage Length. All drive-through facilities shall contain stacking capacity for vehicles from the menu board to the stacking lane entrance in accordance with Table 380.2, stacking for drive-through lanes.
TABLE 380.2 Stacking For Drive-Thru Lanes
For 1 Drive-Through Lane With 1 Window
For 1 Drive-Through Lane With 2 Windows
For 2 Drive-Through Lanes With 2 Windows
10 vehicles (220 ft.)
8 vehicles (176 ft.)
6 vehicles (132 ft.)
(ii) 
Exclusive Use. The drive-through lane shall be used exclusively for drive-through vehicles from the order board to the pick-up window. The distance between the order board and the pick-up window should be sufficient to store four (4) cars.
(iii) 
Delayed Pick-Up Area Provision. A pick-up area sufficient to store a minimum of one (1) car shall be provided for each pick-up window.
(j) 
Auto filling stations shall meet the following standards:
(i) 
For four-corner intersections, a maximum of two (2) auto filling stations shall be allowed at such an intersection, provided such establishments are located on diagonally opposite corners.
(ii) 
For "T" intersections, a maximum of one (1) auto filling station shall be allowed at such an intersection.
(iii) 
The Planning Commission may waive the requirements set forth above when the auto filling station(s) is located in a Planned Zoning District. The Planning Commission shall, prior to deciding on the request for said waiver, receive and review a report from the City Engineer or City's traffic consultant. The report shall include the impact on existing traffic of the waiver of said requirement along with the traffic consultant's recommendations for the mitigation of said impact through the installation of traffic control devices such as turning lanes, shared access drives, traffic signals, and signage.
(k) 
Retail Pharmacy. Except as otherwise noted elsewhere in this Section, all retail pharmacy drive-through facilities shall be designed to meet the minimum requirements indicated:
(i) 
Storage Length. Stacking spaces equivalent to three (3) times the capacity of each drive-through window be provided.
(l) 
Laundry Or Dry-Cleaning Pickup Station Or Self-Service Laundry Or Drycleaning Facility. Except as otherwise noted elsewhere in this Subsection, all laundry or dry-cleaning pickup station or self-service laundry or drycleaning drive-through facilities shall be designed to meet the minimum requirements indicated:
(i) 
Storage Length. Stacking spaces equivalent to two (2) times the capacity of each drive-through window be provided.
(3) 
Site Design.
(a) 
Off-street parking:
(i) 
All MVOEs shall provide for off-street parking for the underlying use in accordance with the requirements of this Chapter, unless otherwise noted.
(ii) 
No internal parking stall, cross drive aisle, or loading space shall be located closer to the street right-of-way than twenty (20) feet or within any required side yard setback.
(b) 
Vehicular areas:
(i) 
When the rental of equipment, automobiles, trucks, and trailers is to be conducted on an MVOE site, additional land area and paved area shall be provided in addition to the driveway, parking area, and landscape areas required by this Subsection. An additional one thousand (1,000) square feet of site area shall be provided for each five (5) rental units. No parking of rental units shall be permitted on landscaped areas, public or private roadways, including adjacent shoulders. All rental storage areas shall be paved and landscaped as approved by the City. Such rental equipment shall be stored in rear yard or as approved by the Planning Commission, except when being picked up by customers.
(c) 
Performance standards:
(i) 
Outdoor Sales And Display.
A) 
Outdoor display and sales of merchandise may be permitted along the storefront. All other outdoor storage of materials and displays are specifically prohibited.
B) 
Area. Said outdoor display shall be limited to twenty-five percent (25%) of total store frontage with a maximum of one hundred (100) square feet (inclusive of vending machines).
C) 
Height And Other Dimensions. The height of any outdoor display may not exceed five (5) feet with the exception of vending machines (and their surrounds) which shall not exceed eight (8) feet in height, three (3) feet in depth, or six (6) feet in width.
D) 
Location.
1)
The placement of said display along the storefront shall be in compliance clear width requirements with the Americans with Disabilities Act and shall not obstruct pedestrian access to the building.
2)
Vending machines shall not be located within three (3) feet of a fire department connection.
3)
Price signs shall be permitted on outdoor displays. Said price signage shall not exceed two (2) square feet and shall be placed upon the merchandise which it advertises.
E) 
Parking. One (1) parking space, in addition to the number of spaces required for the convenience store, shall be provided for video rental, propane gas, and similar vending machines subject to the review and approval of the City.
(ii) 
The Planning Commission may recommend, and the City Council may require, other conditions which will tend to eliminate or reduce public nuisance caused by noise, heat, odors, smoke, dust, vibration, glare, flooding, and traffic congestion and promote the purpose of this Chapter
(iii) 
All paved and landscaped areas shall, at all times, be kept in good repair in accordance with this and other ordinances of the City and the continuous maintenance of said areas shall be the responsibility of the owners and lessees of the property.
e. 
Outdoor Activity Area (Dining Or Entertainment). Outdoor activity areas, as defined in Section 405.030 of the Zoning Ordinance, may be permitted as an accessory use subject the following exceptions, conditions and restrictions:
(1) 
All outdoor activity areas shall be subject to City review for conformance with occupancy, parking, and other Code requirements.
(2) 
A conditional use permit for outdoor activity areas shall not be required when such areas are provided to patrons of the principle use for the purpose of their consuming food or beverages purchased therein when a maximum of four (4) seats are provided.
(3) 
Where a conditional use permit is required, the Planning Commission may, as a condition of approval, limit the overall capacity, including, but not limited to, the number of chairs and/or tables provided, restrict hours of operation, limit the provision of amplified, recorded or live entertainment, require screening or buffering of adjacent uses by landscaping, fencing or other means, etc., in order to minimize potential adverse impacts of the use.
f. 
Fireworks Stands. Fireworks stands, as defined and regulated in Chapter 215, Offenses, Article XIV, and Chapter 605, Business Regulations, Article II, of the Code of Ordinances, maybe conditionally permitted within parcels located within the "R-1," "R-2," "R-3," "R-4," "R-5," or "R-6" Residential Zoning Districts, provided such parcels are not utilized for residential or residential-related uses. Uses not considered residential or residential-related may include houses of worship; fraternal orders, labor unions, and similar organizations; professional membership organizations; and other membership organizations for social, educational or recreational purposes.
g. 
Mobile Food Vehicles. Mobile food vehicles, as defined in Section 405.030 of the Zoning Ordinance, shall be subject to the following conditions:
(1) 
Shall be subject to the requirements of Sections 605.400, Mobile Food Vehicles, et seq., of the Arnold Code of Ordinances.
(2) 
Locations, permitted:
(a) 
Properties within zoning districts where the use is specifically delineated in this Chapter as permitted or conditional; or
(b) 
Properties within all zoning districts when a special event permit, as defined and regulated in this Chapter, has been granted by the Community Development Department.
(3) 
Locations, prohibited:
(a) 
Properties where the primary use occurring on that property meets the definition of a motor vehicle oriented business unless the Community Development Director has determined that the specific location on the property where the mobile food vehicle is proposed to be placed will not result in unsafe conditions for either pedestrians or motor vehicles.
(b) 
Properties that are vacant and unimproved.
h. 
Outdoor Entertainment Facilities. Outdoor entertainment facilities, as defined in Section 405.030, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
(1) 
Conditional use permit and associated site plan approval shall address adequacy of facility parking, loading, and circulation; traffic impacts in the vicinity of the facility; location of all uses, buildings and structures; fire hydrants and emergency access, location and adequacy of bathroom facilities; signage; noise; days/hours of operation; landscaping; and the screening and buffering of adjacent uses.
i. 
Amusement Center/Arcade. Amusement Center/Arcades, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
(1) 
Conditional use permit and associated site plan approval shall address adequacy of facility parking, loading, and circulation; traffic impacts in the vicinity of the facility; location of all uses, buildings and structures; fire hydrants and emergency access, location and adequacy of bathroom facilities; signage; noise; days/hours of operation; landscaping; and the screening and buffering of adjacent uses.
(2) 
For purposes of providing adequate off-street parking, required parking for an "Amusement Center/Arcade" shall be calculated at the same ratio as "commercial service facilities and retail sales."
j. 
Vehicle Rental Establishments. Heavy and Motor Vehicle Rental Establishments, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
(1) 
Site plan approval granted by the Planning Commission shall address that the site is consistent with good planning practice, the vehicle rental establishment can be operated in a manner that is not detrimental to permitted developments and uses within the district, and can be developed and operated in a manner that is visually compatible with permitted uses in the surrounding area.
(2) 
Accessory uses may be the on-site storage and outdoor display of rental vehicles. Accessory repair services which would require a Conditional Use Permit shall not be accessory to this use by right.
(3) 
The provision of parking of motor vehicles available for rent on-site shall be in addition to parking required for associated offices. When a vehicle rental establishment is located on a lot with any other use(s) permitted by this Chapter, the parking provided shall be in addition to that required by the other use(s).
(4) 
The location of all motor vehicles available for rent on-site shall be indicated on a site plan approved by the Planning Commission.
k. 
Outdoor Storage (Laydown Yards). Outdoor storage, as defined in Section 405.030 of the Zoning Ordinance, shall meet the following standards in addition to all other zoning requirements in order to operate within the City of Arnold:
(1) 
Outdoor storage of merchandise, goods, inventory, materials, equipment, wrecked, non-operational or disassembled vehicles, watercraft, and vehicles Class 5 USDOT or higher shall be completely screened from public viewshed.
l. 
Unregulated Gaming Parlors. Unregulated gaming parlors, as defined in Section 405.030 of the Zoning Ordinance, shall be subject the following conditions and restrictions:
(1) 
Conditional use permit (CUP) and associated site plan approval shall address all CUP review criteria contained in Section 405.080 (Conditional Uses) as well as the adequacy of facility parking, loading, and circulation; traffic impacts in the vicinity of the facility; days/hours of operation; landscaping; and the screening and buffering of adjacent uses.
(a) 
For purposes of providing adequate off-street parking, required parking for an "unregulated gaming parlor" shall be calculated at the same ratio as commercial service facilities and retail sales.
(b) 
Only one (1) unregulated gaming parlor shall be allowed on any lot or in any single building, structure or tenant space within a strip center.
(c) 
No unregulated gaming parlor shall be situated within one thousand (1,000) feet of any church, school, residential use, or any other unregulated gaming parlor, including such unregulated gaming parlor located outside of the City limits. The distance shall be measured in a straight line without regard to intervening objects or structures and from the primary entrance of the unregulated gaming parlor seeking a license to the primary entrance of the church, school, residential use, or any other unregulated gaming parlor.
(d) 
The hours of operation for unregulated gaming parlor shall be limited to the following:
(i) 
Sunday through Thursday, open at 8:30 A.M. and close at 11:00 P.M.; and
(ii) 
Friday through Saturday, open at 8:30 A.M. and close at 12:00 A.M.
m. 
Kennel Establishments. In addition to all other pertinent and applicable regulations, kennel establishments as defined in Section 405.030 of the Zoning Ordinance shall be subject to the following conditions and restrictions:
(1) 
Use. Kennel establishments may be deemed an accessory use to an animal clinic or hospital, veterinarian, pet-related retail, and similar uses, but only if the services rendered are entirely indoors and comprise less than twenty-five percent (25%) or less of the floor space of the principle use.
(2) 
Indoor Area Requirements.
(a) 
Stand-alone buildings located on lots of less than one (1) acre shall be soundproofed. All facilities located as part of a multi-tenant building or lot shall be soundproofed.
(b) 
All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animals from injury or escape and restrict the entry of animals including rodents and/or other vermin as well as unauthorized individuals from the outside. All walls shall extend to the roof deck to avoid sound and smell transfer. Sufficient ventilation shall be provided to ensure the health and comfort of the animals kept at the facility.
(c) 
All common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.
(d) 
An isolation area or other appropriate accommodation shall be provided for containment of sick animals.
(e) 
Waste shall be immediately removed and properly disposed.
(3) 
Outdoor Area Requirements.
(a) 
A dedicated area of no less than six hundred (600) square feet located outside of any required yards for outdoor animal activity shall be provided. The kennel shall provide a door leading directly to the outdoor animal activity area(s). The Planning Commission may set a limit on the number of animals permitted simultaneously in such an area.
(b) 
Outdoor animal activity area(s) shall be enclosed by sight proof fencing per Section 405.050(C)(19). The perimeter of the enclosed area shall be landscaped to minimize visibility of the enclosure.
(c) 
Outdoor animal activity area(s) are prohibited in required residential buffers.
(d) 
Use of the outdoor play area(s) shall be limited to the hours of 7:00 A.M. to 7:00 P.M., unless otherwise stated in a conditional use permit.
(e) 
Outdoor animal activity area(s) shall provide areas of shade from direct sunlight and adequate drainage.
(f) 
Waste shall be immediately removed and properly disposed to maintain a clean and sanitary environment.
(g) 
Animals in the outdoor activity area(s) shall be attended by kennel staff at all times.
(4) 
Waiver. The Planning Commission may waive any of the requirements of this Section.
n. 
Pet Grooming Establishments. In addition to all other pertinent and applicable regulations, pet grooming establishments as defined in Section 405.030 of the Zoning Ordinance shall be subject to the following conditions and restrictions:
(1) 
Use.
(a) 
Pet grooming establishments may be deemed an accessory use to an animal clinic or hospital, veterinarian, pet-related retail, and similar uses, but only if the services rendered are entirely indoors and comprise less than twenty-five percent (25%) or less of the floor space of the principle use. Overnight stays shall be prohibited unless otherwise allowed by the primary use.
(b) 
All grooming activities shall be conducted within a completely enclosed building.
(c) 
Pet grooming establishments may provide a dedicated outdoor area.
(2) 
Indoor Area Requirements.
(a) 
Stand-alone buildings located on lots of less than one (1) acre shall be soundproofed. All facilities located as part of a multi-tenant building or lot shall be soundproofed.
(b) 
All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animals from injury or escape and restrict the entry of animals including rodents and/or other vermin as well as unauthorized individuals from the outside. All walls shall extend to the roof deck to avoid sound and smell transfer. Sufficient ventilation shall be provided to ensure the health and comfort of the animals kept at the facility.
(c) 
All common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.
(d) 
An isolation area or other appropriate accommodation shall be provided for containment of sick animals.
(e) 
Waste shall be immediately removed and properly disposed to maintain a clean and sanitary environment.
B. 
Zoning Performance Standards.
1. 
This Subsection contains the Zoning Performance Standard Regulations for the City of Arnold. These regulations apply to the land uses and development hereinafter indicated.
a. 
Performance standards shall apply to any land use or development listed as permitted or conditional use in the regulations appearing in the Schedule of District Regulations, Subsections "PDA" Planned Development Area, "M-1" Industrial District, and "M-2" Industrial District.
2. 
Performance Standards.
a. 
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.
b. 
Noise. Every use shall be so operated that the pressure level of sound or noise level generated, measured in decibels, shall not exceed, at any point on the lot line, the maximum decibel levels for the designated duration as set forth in the following table for the appropriate use:
Tn-Total Duration of Time Noise Permitted to be Emitted from Noise Source During Period of Measurement (minutes)
A-weighted Sound Pressure Level (dB(A))
60
80 or less
30
81 to 83
15
84 to 86
8
87 to 89
4
90 to 92
2
93 to 95
0
96 or greater
#a Exceptions. To the extent provided in this Subsection, the provisions of this Chapter shall not apply to:
1.
The operation of construction devices, with sound control devices equivalent to or better than the original equipment, used in construction activities during daytime hours;
2.
The repair, maintenance or construction of public facilities of the State, County or municipal government, or such public or quasi-public municipal corporations as may be established under the Constitution or laws of the State of Missouri;
3.
Emergency work to repair or maintain private utility facilities;
4.
Emergency work to repair equipment or facilities damaged or rendered inoperable as a direct result of unavoidable upset conditions providing such occurrence is reported to the Director within twenty-four (24) hours after the occurrence;
5.
The operation of motor vehicles on a vehicular way with sound control devices equivalent to or better than the original equipment;
6.
The operation of railway equipment and vehicles operated exclusively on rails;
7.
The necessary operation of emergency signal devices;
8.
Electric power distribution transformers within a distance of fifty (50) feet from the base of the support pole or from the fence line.
c. 
Odor, Smoke, Toxic Gases, Emission Of Particulate Matter. Every use shall be so operated that no odor, smoke, toxic gases, and/or dirt, dust, fly ash, or other particulate matter shall be emitted that violate the emission regulations in the "Air Quality Standards and Air Pollution Control Regulations" of the St. Louis metropolitan area.
d. 
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with the standards of the Federal Radiation Council.
e. 
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
f. 
Any addition, modification, or change in any regulations, code, or other standard referred to in the Zoning Performance Standard Regulations shall become a part of these regulations.