Arnold City Zoning Code
SECTION 405
050 General Provisions.
[Ord. No. 14.545 (Bill No. 2772), 10-15-2020; Ord. No. 14.551 (Bill No. 2791), 5-20-2021; Ord. No. 7.44 (Bill No. 2794), 6-17-2021; Ord. No. 7.48 (Bill No. 2825), 5-19-2022; Ord. No. 7.49 (Bill No. 2830), 7-21-2022; Ord. No. 14.561 (Bill No. 2839), 11-3-2022; Ord. No. 14.565 (Bill No. 2853), 5-4-2023; Ord. No. 7.54 (Bill No. 2891)[1], 12-19-2024; Ord. No. 14.581 (Bill No. 2905), 6-12-2025]
A.
Application Of District Regulations. The regulations set by this Chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
1.
No building, structure, or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
2.
Non-residential buildings, structures and/or land (not addressed elsewhere in these regulations) must receive site plan approval from the Planning Commission before they are constructed, reconstructed, moved, erected, enlarged or land altered. (See Section 405.190, Site Plan Review).
3.
No building or other structure shall hereafter be erected or altered:
a.
To exceed the height or bulk;
b.
To accommodate or house a greater number of families;
c.
To occupy a greater percentage of lot area;
d.
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Chapter.
4.
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
5.
No yard or lot existing at the time of passage of this Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Chapter shall meet at least the minimum requirements established by this Chapter.
6.
Unlisted Uses. Any use not shown as a use permitted by right, or a conditional use in a zoning district is specifically prohibited in that district. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of these Regulations. Such uses may be authorized in planned districts solely at the discretion of the City Council. Any use not shown as a use permitted by right, a conditional use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized in the "M-1" or "M-2" or "M-3" Industrial Districts subject to the following conditions:
a.
The use shall be permitted only to the extent required by law to be permitted;
b.
The use shall be approved only as a conditional use, except if by law it is required to be permitted by right;
c.
The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school, or church, except as may be modified by the City Council through a Planned District procedure;
d.
The use shall maintain a distance of at least one thousand (1,000) feet from any other such use having the same description.
7.
Motor Vehicle-Oriented Establishments (MVOE). Otherwise permitted uses meeting the definition of an MVOE, as defined in Section 405.030, are deemed conditional uses and shall be subject to procedures governing such uses contained in Section 405.080, Conditional Uses and provisions contained in Section 405.150, Use and Zoning Performance Standards.
B.
General Height Regulations.
1.
Except as specifically authorized and/or prohibited in each particular Subsection of the Schedule of District Regulations, no structure or building shall exceed the following heights:
a.
Residence. No residence shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except that a multiple-family dwelling with a density greater than four (4) family units per building shall not exceed four (4) stories or fifty (50) feet in height.
b.
Non-Residence Building Or Structures. No non-residence building or structure shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height except as allowed by a conditional use permit. In any event, no structure or building, other than authorized utility towers and antennas, shall exceed four (4) stories or fifty (50) feet in height. Notwithstanding other provisions of this Code to the contrary, non-residential structures or buildings excluding signs in a "C-3" Commercial District shall not exceed one hundred (100) feet in height.
2.
Exceptions To Height Regulations. The height limitations contained in this Subsection and the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
C.
Supplementary District Regulations.
1.
Accessory Buildings. No accessory building shall be erected in any required yard, and no separate accessory building shall be erected within five (5) feet of any other building.
2.
(Reserved)
3.
No residence may be constructed with less square footage floor space than contained in the following table for the appropriate category: Residences may be constructed with additional floor space but no dwelling shall be constructed with less area than required for the one (1) bedroom unit.
1 or more BR | ||||
Single-Family | 1,250 | |||
1 BR | 2 BR | 3 BR | 4 BR | |
Two-Family, Three-Family, Four-Family, Multi-Family | 650 | 800 | 1,000 | 1,250 |
4.
Structures To Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
5.
In each instance in which approval of use or development of property is made subject to conditions by the Council or Planning Commission in the approval of a conditional use permit, special procedure, or planned development area, a copy of the approved ordinance, resolution, order or permit shall be:
a.
Recorded by the property owner or owners prior to commencement of development or use, and
b.
Furnished by the property owner or owner or petitioner to the operator, owner, and manager, including successor operators, owners, and managers, each of whom shall forward to the Zoning Enforcement Officer an acknowledgment that he/she has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply therewith.
6.
Dwelling units shall have at least two (2) bathrooms for every three (3) bedrooms.
7.
(Reserved)
8.
Parking spaces required by this Chapter for residential uses shall be provided on the same parcel of land that the residential use is located. Parking spaces required by this Chapter for non-residential uses in a residential district shall be provided on the same lot as the principal use or on a contiguous lot. Parking spaces required by this Chapter for the "C" Commercial Districts and the "M" Industrial Districts shall be provided on the same parcel of land as the principal use or on a lot within three hundred (300) feet subject to requirements of this Chapter. In no case shall customer parking be located on the opposite side of a public roadway from the principal use.
Any off-site parking required pursuant to this Section shall be secured through a legally binding agreement ensuring its availability for the duration of the principal use. Such agreement shall be subject to approval by the City and shall be recorded with the Jefferson County Recorder's Office, running with the land. In the event that the off-site parking is lost or becomes unavailable without adequate replacement in accordance with this Chapter, the principal use shall be considered in violation of this Chapter and may be subject to enforcement action.
9.
Two (2) or more uses may combine to provide the required parking space jointly; however, the parking space so provided shall equal the total space required if each were to provide parking space separately.
10.
No private stable shall be located within one hundred fifty (150) feet of any structure.
11.
Deleted.
12.
Deleted.
13.
Utility sheds, one hundred twenty (120) square feet or less in floor area shall be exempt from the side and rear yard requirements in "R-1," "R-2," "R-3," "R-4," "R-5," and "R-6" Residence Districts.
14.
Parking requirements for multiple-family residential development shall conform to the following standards:
a.
Bay type parking shall be allowed on privately owned streets only, and those streets will not be taken over by the City.
b.
Bay type parking will be restricted to areas in which average daily traffic volumes are one thousand five hundred (1,500) vehicles or less.
c.
Bay type parking will not be allowed on a "thru" street, restricted to the apartment development.
d.
Streets shall be a minimum of twenty-six (26) feet wide for areas utilizing bay type parking.
e.
Access and parking area grades shall not be less than one percent (1%) or greater than ten percent (10%).
f.
Minimum sight distance shall not be less than two hundred (200) feet.
g.
Speed limit shall not exceed fifteen (15) mph.
h.
Parking space dimensions shall not be less than a ten (10) feet width and nineteen (19) feet depth.
i.
All parking areas shall be constructed to approved City specifications.
j.
Sidewalks shall be constructed to approved City specifications.
k.
Parking areas shall provide night lighting with a minimum one (1) to two (2) foot-candle power/square feet and shall be screened from any adjoining residential areas.
l.
Landscaping within the parking area shall be required at a minimum of ten percent (10%) of the total parking area, landscaped area totaling over ten percent (10%) of the parking area, a proportional reduction of parking spaces will be considered.
15.
Setback Requirements From Arterial And Collector Streets.
a.
Residential zoned property fronting on arterial or collector streets shall have a front building line thirty-five (35) feet from the right-of-way line.
b.
Industrial zoned property fronting on arterial or collector streets shall have a front building line fifty (50) feet from the right-of-way line.
16.
Exceptions To Setback And Yard Requirements. Except as may otherwise be regulated by the adopted building codes, every required setback and yard shall remain unobstructed for its required area and full height, except for the following permitted projections. Further, in no instance shall the allowable encroachments exceed twenty percent (20%) of the required area or height.
a.
Roof Eaves. Roof eaves, gutters, cantilevered decks or balconies shall not project more than three (3) feet beyond the face of the wall.
b.
Steps And Architectural Features. Steps, window sills, belt courses, quoins, keystones, entablatures, rain leaders, cantilevered chimneys, and similar architectural features shall not project more than two (2) feet beyond the face of the wall, cantilevered bay windows shall not be included.
c.
Exterior Stairways And Fire Escapes. Outside stairways, smoke-proof towers, balconies, fire escapes or other required elements of a means of egress, ramps not exceeding thirty (30) inches above finish grade, exclusive of required guards, that are a component of the required handicap accessible route shall not project more than four (4) feet beyond the face of the wall.
17.
Any rezoning, planned development permit and/or conditional use permit request for property along an existing street shall provide additional right-of-way and overall street improvements as necessary to meet the width requirements set forth in the subdivision ordinance. When the property is located on only one (1) side of an existing street or road, one-half (1/2) of the required right-of-way width and street improvements shall be provided, measured from the centerline of the right-of-way as originally established.
18.
Temporary Structures.
a.
Temporary structures constructed and placed on an individual parcel for thirty-one (31) or more days, whether cumulative or consecutively, per twelve-month period shall require a conditional use permit.
b.
Temporary structures may not be constructed or placed on an individual parcel for more than one hundred eighty (180) days, whether cumulative or consecutively, per calendar year.
c.
All temporary structures, regardless of duration, shall comply with the respective zone district regulation in which it is placed.
d.
Exception. Recycle bins and clothing drop boxes, construction office trailers, and portable toilets subject to conditions contained herein.
e.
Construction office trailers are governed by the following restrictions:
(1)
Shall meet applicable district structure setbacks.
(2)
Exterior shall be maintained with no rusting, dents, broken windows, etc.
(3)
The area around the construction trailer shall be maintained by cutting grass and keeping free from litter.
(4)
The construction trailer shall be removed before an occupancy permit (temporary or permanent) is issued.
f.
Portable toilets are governed by the following restrictions:
(1)
Portable toilets shall be provided when adequate toilet facilities are not provided on a site associated with a building or demolition permit or City-authorized special event.
(2)
Portable toilets shall be located on the site and not on public property unless expressly authorized by the City when associated with a special event.
(3)
Portable toilets shall be located a minimum of fifteen (15) feet from all curblines, ten (10) feet from side property lines, and at such locations so as to limit public view. The doors to portable toilets shall not face any street or adjacent property line.
(4)
Portable toilets shall be serviced at regular intervals to maintain sanitary conditions and minimize odors.
(5)
Portable toilets shall be locked and secured from tipping over when no construction, demolition, or special event activity is present.
g.
Recycle bins and clothing drop boxes are governed by the following restrictions:
(1)
Shall be prohibited on unimproved properties and on developed properties which are unoccupied.
(2)
Shall be located on a paved surface.
(3)
Maximum height shall not exceed eight (8) feet.
(4)
Maximum floor area shall not exceed thirty-six (36) square feet.
(6)
Shall be prohibited from being located in required parking spaces, public or private right-of-way, driving aisles, fire lanes, required landscaped areas, pedestrian areas, sight distance triangles, or within five (5) feet of a fire hydrant.
(7)
Shall be set back a minimum of twenty-five (25) feet from residential districts or properties with residential uses, twenty-five (25) feet from public or private rights-of-way, and five (5) feet from all other property lines.
(8)
Shall only be permitted upon properties within non-residential zoning districts and upon properties with any zoning classification that are primarily used by not-for-profit organizations.
(9)
Signage on bins and boxes shall be limited to five (5) square feet per side.
(10)
Ownership information, to include address and telephone number, shall be displayed upon all bins and boxes.
(11)
Shall utilize a mailbox or safety chute and locked access door to prevent unauthorized entry.
(12)
Outdoor display or storage of materials shall be prohibited.
(13)
The collection or storage of perishable items shall be prohibited.
(14)
The property owner, the entity which granted permission for placement, and the bin/box owner shall be individually and jointly responsible for abating and removing all garbage, trash, debris and other refuse material in the area surrounding any donation bin within seventy-two (72) hours' written or oral notice by the City.
(15)
Responsibility And Liability. The owner of the donation bin/box, the entity which granted permission for placement, and the owner of any private property upon which a violation of these regulations occur may be held individually and severally responsible and liable for such violation.
19.
Fencing Standards.
a.
Purpose. The purpose of these regulations is to regulate the materials, location, height, and maintenance of fencing and decorative posts (which shall include other physical security measures) in order to prevent the creation of nuisances and to promote the general welfare of the public.
b.
Applicability. The requirements of this Subsection apply to all fencing and decorative posts equal to, or exceeding, thirty-six (36) inches in height for all land uses and activities. Fencing and decorative posts exceeding thirty-six (36) inches in height, in addition to the provisions contained within this Subsection, are subject to the provisions of the Zoning Code pertaining to sight triangles and setbacks. As used in this Subsection, "decorative posts" are defined as ornamental poles or stakes with attached chains, wood or other materials, which serve only aesthetic purposes.
(1)
All fences require a permit from the Community Development Department. The following information must be provided for review prior to the issuance of a permit.
c.
Standards.
(1)
Materials.
(a)
Residential Districts ("R-1," "R-2," "R-3," "R-4," "R-5," And "R-6"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood, wrought iron, and chain link. Barbed wire, razor wire, hardware cloth, electric, and wire mesh fencing is strictly prohibited.
(b)
Non-Residential Districts ("C-1," "C-2," And "C-3"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood and wrought iron. Barbed wire, razor wire, hardware cloth, wire mesh, chain link and electric fencing is strictly prohibited except that chain link and barbed wire fencing is permitted for and on security fences at heights equal to or greater than six (6) feet subject to review and approval by the Planning Commission.
(c)
Non-Residential Districts ("M-1," "M-2," "FP," And "PS"). Acceptable materials for fencing and decorative posts include masonry, rigid synthetic materials, wood, wrought iron and chain link. Barbed wire fencing is permitted on security fences at heights equal to or greater than six (6) feet. Razor wire, hardware cloth, electric and wire mesh fencing is strictly prohibited.
(d)
For the purpose of this Subsection, "temporary fencing" is defined as a fence constructed of something other then masonry, synthetic materials, wood, wrought iron, and chain link, or barbed wire, such as cloth mesh or hardware cloth. Temporary fencing is only allowed for the purpose of protecting excavation and construction sites and the protection of plants during grading and construction.
(2)
Location.
(a)
Residential Districts ("R-1," "R-2," "R-3," "R-4," "R-5," And "R-6").
(i)
Decorative posts may be located no closer than two (2) feet to the front yard or street yard property line.
(ii)
Fences in the required front yard setback are prohibited except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)
(iii)
Fences may be located on any property line abutting a side or rear yard that is not a street yard.
(b)
Non-Residential Districts ("C-1," "C-2," "C-3," "M-1," "M-2," "FP," And "PS").
(i)
Decorative posts may be located no closer than two (2) feet to the front yard or street yard property line.
(ii)
Fences are prohibited in the required front yard setback except that on lots with more than one (1) street frontage, fences may project up to ten (10) feet into required street yards other than the required front yard. (See Subsection (C)(19)(c)(3) below.)
(iii)
Fences may be located on any property line abutting a side or rear yard that is not a street yard.
(c)
All Districts. The City shall not be responsible for the replacement of any fence that is constructed over an easement. However, fences shall not obstruct any manhole or inlet covers nor impede the natural flow of storm water.
(3)
Maximum Height For All Fences. The maximum height of any fence or decorative post shall be six (6) feet six (6) inches within permitted locations and subject to the following exceptions:
(a)
A maximum four (4) foot high fence may be permitted within a required front or street yard beyond the above limitations subject to approval by the Planning Commission.
(b)
Continuous, minimum, four (4) foot high fencing shall be required to enclose all swimming pools (including above ground pools) and shall also meet the requirements of the current building codes adopted by the City.
(c)
The maximum heights listed in Subsections (C)(19)(c)(3)(a) and (b) above may be exceeded with the approval of the Planning Commission. The following conditions (at a minimum) shall be established for such requests:
(4)
Orientation. Any and all fences or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property. Swimming pool fencing shall also meet the requirements of the current building codes adopted by the City.
(5)
Access. Fences which enclose a property or a portion of a property shall provide a minimum three-foot wide opening or gate to any street side of such enclosure for emergency access.
(6)
Maintenance. The owner shall repair, paint, remove or otherwise attend to any fence if it becomes deteriorated, in disrepair or a menace to public safety, health or welfare. The Community Development Department of the City is hereby empowered to issue notices to lot owners to comply with this Subsection and other provisions of this Chapter. Lot owners will be given a reasonable time to comply with this Subsection, but not to exceed fifteen (15) days except that a longer period may be given at the discretion of the Community Development Department if such compliance would cause an undue hardship.
(7)
Non-Conforming Fencing. All legal fences existing prior to the effective date of this Subsection shall be subject to the non-conforming provisions of the Zoning Code except as noted in Subsection (C)(19)(c)(8) below and/or when a property changes ownership and/or tenants. At such time, the fence loses all protection of the Zoning Code and must be brought into compliance or be removed.
(8)
Temporary fencing not used for protecting excavation and construction sites and the protection of plants during grading and construction must be removed within fifteen (15) days from adoption of these provisions.
(9)
(Reserved)
20.
Use Of Vehicle Or Trailers For Storage Prohibited. Neither vehicles (whether operable or inoperable) nor trailers (whether on or off axles) may be used as storage buildings. This shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, semi-trailers, railroad boxcars, intermodal shipping containers, CONEX boxes, ISO containers, etc., except as follows:
a.
Tractor and semi-trailer combinations (i.e. "tractor-trailers") may be used for temporary storage [e.g., up to three (3) months], for businesses located on the same property, where the property is zoned "M-1," "M-2," or "M-3," or as explicitly authorized in property zoned "C-4," subject to conditions contained in Section 405.050(C)(20)(b)(2), (3), (4), (5), (6), (7), (8) and (9), below.
(1)
The Community Development Director may grant a one-time extension upon written request for a period not to exceed three (3) months. The City Council, after review and recommendation of the Planning Commission, may grant an additional one-time, non-renewable additional extension of up to six (6) months, upon written request.
b.
Trailers, as referenced herein, may be utilized for seasonal storage on property zoned "C-2" or "C-3," or as explicitly authorized in property zoned "C-4," between November 1 and January 31, subject to the following:
(1)
A permit must be submitted for review and approval by staff, prior to the placement of seasonal storage trailers, to include an application and support documentation delineating the location on the property where the trailers shall be located, all buildings and structures, drive lanes, parking areas, points of ingress/egress, and all information necessary to demonstrate compliance with this Subsection, as directed by staff.
(2)
Trailers shall not be located in rights-of-way, easements, internal drive aisles or roads, required yard setbacks, required parking spaces, fire lanes, in prominent view from rights-of-way or access lanes (i.e., the public viewshed), or so positioned to block access to utilities or public services (e.g., manholes, meters, fire hydrants, fire lanes, etc.).
(3)
The exterior of the trailers must be maintained with no rusting, dents or peeling paint.
(4)
Trailers shall be located on a hardened surface (e.g., concrete, asphalt).
(5)
Trailers shall be located directly on the ground (i.e., stacking of trailers shall not be permitted).
(6)
Trailers shall be prohibited from connecting to utility services, from tapping into the services of the primary facility (i.e., using extension cords to provide electricity, garden hoses to provide water, etc.), or from connecting to peripheral devices such as, but not limited to, air compressors, refrigeration/heating units, generators, etc.
(7)
Trailers shall be prohibited from storing perishable goods.
(8)
Trailers shall be prohibited from storing hazardous or dangerous materials (e.g., chemicals, solvents, propane, explosives, etc.), except when the applicant provides documentation from the appropriate governing authorities (e.g., Building Department, Fire, Police, EPA, MoDNR, etc.) that all required safety and security requirements have been met.
(9)
Failure to satisfy any of the requirements of this Subsection shall be considered a separate misdemeanor offense for each trailer where such offense has occurred and is punishable by a fine of two hundred dollars ($200.00) per offense without further warnings or notices being issued. Each day that the offense(s) shall continue shall be considered a separate violation. For purposes of clarification, each trailer on a property which is in violation of this Subsection shall be a separate violation, and each day that such trailer remains in violation of this Subsection shall be a separate violation, such that the fine of two hundred dollars ($200.00) shall apply per trailer per day.
21.
Special Events.
a.
Scope. No person or entity shall occupy any portion of public or private property for a special event, as defined herein, without a current, valid City permit for the special event.
b.
Exceptions.
(1)
Otherwise permitted indoor activities within permanent, non-mobile structures on private property, do not require a special event permit; however, other City ordinances may apply.
(2)
Any event on City Parks when authorized by the Parks Director or City Administrator.
(3)
Fireworks stands, as defined herein, shall not be regulated by this Chapter.
c.
Conditions And Limitations. The following conditions and limitations must be adhered to for each permitted category of special event.
(1)
Special Events.
(a)
Civic Events, Conditions And Limitations.
(i)
Civic events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)
Civic events shall be permitted within any "C" or "M" Zoning District or on any lot occupied by a church, school, or non-profit organization. Notwithstanding the foregoing, charity runs/walks and parades may occur on public rights-of-way and private streets, so long as permission is granted from the owner of the right-of-way or private street.
(iii)
The length of each civic event shall not exceed three (3) consecutive days, except for seasonal tree, pumpkin, or plant sales, which may occur within a single period not exceeding forty-five (45) consecutive days, and carnivals and circuses, which may occur within a single period not exceeding fourteen (14) days.
(iv)
Civic events shall occur no more than three (3) times per calendar year; however, seasonal tree, pumpkin, and plant sales, and carnivals and circuses shall not count towards the number of allowable civic events.
(b)
Sales And Promotional Events, Conditions And Limitations.
(i)
Sales and promotional events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)
Sales and promotional events shall be permitted within any "C" or "M" Zoning District.
(iii)
The length of each sales and promotional event shall not exceed three (3) consecutive days, except for a grand opening, which may occur within a single period not exceeding fourteen (14) consecutive days.
(iv)
Sales and promotional events shall occur no more than three (3) times per calendar year, except a grand opening sales and promotional event shall not count towards the number of allowable sales and promotional events, provided that such grand opening is associated with a new business license and occupancy permit being issued for such business.
(c)
Private Events, Conditions And Limitations.
(i)
Private events shall satisfy the general conditions for special events contained in Section 405.050(C)(21)(c)(1)(d) below.
(ii)
Private events shall be permitted within any non-residential zoning district or on any lot occupied by a church, school, non-profit organization, home owners association or similar entity.
(iii)
Duration. Shall not exceed one (1) day in length exclusive of set-up and removal of tents, canopies, signs, inflatable devices, etc.
(iv)
Shall be kept clean and orderly, consistent with the most currently adopted codes and ordinances.
(d)
General Conditions And Limitations For All Special Events.
(i)
As a condition to the grant of a special event permit, the applicant shall provide written evidence establishing that permission of the property owner has been granted to conduct the special event as proposed.
(ii)
The special event shall be conducted at least thirty (30) feet from any dwelling on adjacent properties. However, carnivals shall be conducted at least one hundred (100) feet from any dwelling located in a residentially zoned district.
(iii)
Special events may utilize tents and other temporary structures; however, such structures with floor areas in excess of two hundred (200) square feet shall require a building permit and are subject to fees therefore.
(iv)
Special events may utilize inflatable devices, provided that the applicant for a special event permit has submitted manufacturer documentation and/or calculations demonstrating the anchoring system to be utilized to demonstrate safety of said device; and that such device does not wave, flutter or move back and forth or up and down.
(v)
Special events may utilize temporary signage as permitted herein.
(vi)
Tents or other temporary structures, inflatable devices, and special event signage shall not be located within the thirty-foot sight triangle of a driveway or street or within ten (10) feet of a side property line.
(vii)
No tent or other temporary structure, inflatable device, or sign shall exceed the height allowed, as measured from the ground, for structures for the zoning district in which it is located.
(viii)
Tents or other temporary structures, inflatable devices, and signs shall pose no unusual fire or other hazard and shall have received all safety and other inspections and approvals required by State or local law in order to be operated or utilized.
(ix)
Outdoor activities, other than the continued placement of signs, tents or other temporary structures, and inflatable devices (as authorized herein), shall not be conducted earlier than 9:00 A.M. nor later than 11:00 P.M.
(x)
No outdoor activities shall block traffic movement on any street unless explicit permission has been granted by the City of Arnold and any other applicable jurisdiction.
(xi)
The use of any sound system shall be controlled so as not to become a nuisance to adjacent properties.
(xii)
Any light source shall be shielded or directed downwards so that the lighting element is not visible at or beyond the property lines of the parcel or lot on which the special event is located.
(xiii)
Flashing and moving lights shall not be utilized, except that carnivals may employ up to two (2) arc-light devices.
(xiv)
Adequate parking facilities shall be provided in an amount to be determined by the Community Development Director, or designee, based on the intensity of the primary use of the property and that of the special event. Special event parking shall be on a hardened surface, to include such materials as asphalt, concrete, paver brick, compacted sand, compacted gravel, clay, or other material as approved by the City Engineer.
(xv)
Available sanitation facilities shall be adequate to meet the requirements of the expected attendance of the special event; and any temporary restroom facilities shall be approved for use by the Jefferson County Health Department.
(xvi)
Mobile food vehicles shall be permitted in conjunction with a special event permit issued pursuant to this Section, provided that such permit specifically authorizes the operation of mobile food vehicles, and such mobile food vehicles have been granted a permit per the requirements of Chapter 605 of this Code.
(xvii)
Such other conditions as the Community Development Director, City Engineer, Chief of Police or the Fire District finds necessary to protect the general welfare of the community.
(xviii)
Special event signage permitted:
A)
During a special event, one (1) freestanding special event sign may be posted per street frontage of the lot where the special event is occurring, provided that such signs:
1) | Have a maximum single sign-face area of twenty-four (24) square feet. |
2) | Do not exceed ten (10) feet in height as measured from the ground to include its structure. |
B)
During a special event, one (1) building-mounted banner special event sign may be posted, provided that such signs:
1) | Have a maximum sign-face area of thirty-two (32) square feet. |
2) | Are only mounted on building walls, parapet walls, retaining walls, or fences, except on properties or buildings with multiple businesses, such as but not limited to shopping centers, where such signs shall only be located on the portion of the building face where the business or use is located. |
(xix)
Special event signage, not specifically permitted, is prohibited. Prohibited signs, include, but are not limited to, the following:
A)
Signs that by electronic, mechanical, environmental activation or other means, flap, flash, flutter, glitter, move, revolve, rotate, sparkle, spin, swing, scroll text across any portion of a sign, or display video content on any portion of a sign.
B)
Signs whose color, location or design resembles and/or conflicts with traffic control signs or devices.
C)
Signs that are painted on or attached to trees, shrubs, lampposts, hydrants, guardrails, bridge supports, traffic signs, stairways, benches, refuse containers, rocks, other natural features, telephone poles, utility poles or similar structures.
D)
Signs that are affixed or attached to any vehicle, including trucks, cars, motorbikes, and bicycles, or to any trailer, wheeled cart, wagon platform, or any device designed to be towed behind a vehicle.
E)
Signs that emit amplified sound or noise of any kind.
F)
Signs that are internally or externally lit.
G)
Human or living signs (i.e., a sign that is held by or attached to a human being who stands or walks on the ground, including a person dressed in a costume for the purposes of advertising or attracting the attention of passersby), captive or tethered balloons, blimps, dirigibles, beacons or flashing lights (except as authorized herein), flags, fringe, pennants, pinwheels, handbills, or paper posters.
d.
Fees. Applications for special event permits require no fee, however, applicable building permit and business license fees may be required as governed by this Code.
e.
Issuance Of Special Event Permits.
(1)
An application for a permit for conducting a special event may be filed with the Community Development Department on forms provided by that official and accompanied by plans, data and other material as may be necessary to fully describe the nature, location and timing of the special event. Such applications shall be filed at least fourteen (14) calendar days before the event to allow for its review. If the Community Development Director, or their assigns, finds that the conditions contained in this Section, as applicable, will be adhered to, he or she shall authorize the issuance of a permit for such special event. However, the Community Development Director, or their assigns may reject such applications for cause, including, but not limited to, the advice of the Chief of Police, the Fire District, or the City Engineer.
f.
Appeal Of The Permit Decision.
(1)
An applicant may appeal a staff decision denying a special event permit to the City Administrator, whose decision shall be final. The applicant must initiate the appeal process within five (5) business days of the date of the challenged decision. The applicant must include at least the following information in order for the City Administrator to consider the appeal:
(2)
The City Administrator will issue a decision in a timely manner.
g.
Revocation Of Special Event Permits.
(1)
The Community Development Director may revoke a permit granted under this Section under the following conditions:
(a)
The permit was obtained by fraud or misrepresentation; or
(b)
Authorized signs, tents or other temporary structures and inflatable devices are not being maintained in good condition and repair; or
(c)
When the safety or general welfare of the community is determined to be at risk by the Chief of Police, City Engineer, Building Commissioner, or Fire District.
[1]
Note: All regulations set forth in the Arnold Code of Ordinances regarding physical security measures around private property are hereby ratified, confirmed and reenacted as of the effective date of Ordinance 7.54 (Bill No. 2891), based upon the legislative findings set forth in said Ordinance. Such ratification, confirmation and reenactment are hereby made on a severable basis, such that in the event any court were to hold that a specific regulation is not enforceable under Section 67.494, RSMo., or other applicable law, such ruling shall not affect the enforceability of any other regulation not specifically invalidated by such ruling.