Fenton City Zoning Code
CHAPTER 430
Supplemental Uses and Regulations
Section 430.010 Scope Of Provisions.
[R.O. 2009 § 496.010; Ord. No. 4034, 5-28-2020[1]]
The regulations contained in this Article shall govern the size, number, location, and design of all Off-Street Parking Areas in the City as required for each land use, activity, Building, or Structure permitted by this Code.
Section 430.020 General Requirements For Off-Street Parking Areas.
[R.O. 2009 § 496.020; Ord. No. 4034, 5-28-2020]
A.
No Off-Street Parking Space required under this Article shall be used for any other purpose.
B.
No Off-Street Parking Area shall project beyond any required Buffer Area or Setback, except as otherwise provided for in the specific regulations of that Zoning District.
C.
Driveways leading to an Off-Street Parking Area shall not be used for parking.
D.
All required Off-Street Parking Areas shall be provided on the same Lot as the use to be served, except as follows:
1.
Alternate Off-Street Parking provisions specified in the regulations of that Zoning District.
2.
Shared Off-Street Parking Areas for two (2) or more uses may be provided wherein said Parking Areas are less than three hundred (300) feet from the Property to be served. The total required Off-Street Parking Spaces for all uses participating in an approved shared Off-Street Parking Area shall not be less than the sum of the Off-Street Parking Spaces required for each use individually. All requests for shared Off-Street Parking Area approval shall be submitted to the Community Development Department and accompanied by a report with data and information setting forth justification for such request, including signed agreements from all participants.
Section 430.030 Minimum Off-Street Parking Space Dimensions.
[R.O. 2009 § 496.030; Ord. No. 4034, 5-28-2020]
A.
The regulations of this Section shall govern the dimensions of the Off-Street Parking Spaces in all Zoning Districts.
B.
The requirements for Off-Street Parking Spaces shall meet the minimum dimensions in the following table:
 |
A | B | C | D | E | F | G |
|---|---|---|---|---|---|---|
45° | 9.0 | 19.7 | 12.5 | 12.7 | 51.9 | 45.6 |
60° | 9.0 | 21.0 | 17.5 | 10.5 | 59.5 | 55.0 |
90° | 9.0 | 19.0 | 22.0 | 9.0 | 60.0 |
A | Parking Space angle (degrees). |
B | Parking Space width (feet). |
C | Minimum Space length to curb (feet). |
D* | Drive Aisle width (feet). |
E | Curb length per car (feet). |
F | Curb to curb (feet). |
G | Center-to-center width of double row with Drive Aisle between (feet). |
* | Additional width may be required where the Drive Aisle serves as the principal means of access to on-site Buildings or Structures. |
C.
In the event that the desired Off-Street Parking Space angle is not specified by the above table, the Director may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensions listed in the table.
D.
A dimension of eight and one-half (8 1/2) feet by eighteen (18) feet may be permitted for Off-Street Parking Spaces provided in excess of the minimum requirements as set forth in this Article when designated for compact car use.
E.
On-site parallel Off-Street Parking Spaces shall be nine (9) feet by twenty-two (22) feet adjacent to a twenty-two-foot two-way lane or a fifteen-foot one-way Drive Aisle.
F.
Curbed islands are required at the ends of Drive Aisles where necessary, as reasonably determined by the Director, for traffic control or drainage.
G.
The Director may approve the use of continuous curbs as wheel stops and thus measure the size of Off-Street Parking Spaces to be two (2) feet less in length than otherwise required. In such instances, the Off-Street Parking Space design shall allow for the vehicle to overhang the curb by two (2) feet and such overhang area must be clear of all obstructions, signs, and trees and may not encroach the required Buffer Area or Setback.
Section 430.040 Procedure.
[R.O. 2009 § 496.040; Ord. No. 4034, 5-28-2020]
A.
When a use is expanded or changed, Off-Street Parking Spaces and Loading Spaces shall be provided in accordance with the regulations set forth in this Article for the area or capacity of such expansion or change in combination with the previously existing use.
C.
A Land Disturbance Permit is required for grading and stormwater runoff for construction of any new, enlarged, or remodeled Off-Street Parking Areas. The application shall be accompanied by a Site Plan in compliance with Chapter 435, Article II, to be reviewed and approved, if appropriate, by the Director.
D.
Any deviation from the approved Site Plan shall constitute a violation of this Code.
Section 430.050 Modified Parking Demand.
[R.O. 2009 § 496.050; Ord. No. 4034, 5-28-2020]
A.
When any Building or Structure undergoes a change of use or any increase in Gross Floor Area or seating capacity, Off-Street Parking and/or Loading Spaces shall be increased to equal or exceed the required Off-Street Parking or Loading Space requirements of this Chapter. An Occupancy Permit shall not be issued until provision is made for the increased amount of required Off Street Parking and/or Loading Spaces.
B.
If a Building is being constructed as a shell for a future office/warehouse use, the number of required Off-Street Parking Spaces shall be calculated based on a minimum of twenty-five percent (25%) of the Building being utilized for an office use and the remainder of the Building being utilized for warehouse use.
C.
When a Building or Structure undergoes a decrease in Gross Floor Area due to interior space re-allotment or design, a decrease in seating capacity, a permanent decrease in number of employees, or other unit of measurement, the available Off-Street Parking and Loading Spaces may be reduced accordingly. Remaining Off-Street Parking Spaces or Loading Spaces must at least equal or exceed the Off-Street Parking or Loading Space requirements of the entire Building, activity, or Structure as modified.
Section 430.060 Driveway Regulations.
Section 430.070 Ingress And Egress.
[R.O. 2009 § 496.070; Ord. No. 4034, 5-28-2020]
In no event shall any Off-Street Parking Areas, be designed in a manner requiring the backing out of vehicles into public Streets, except for Detached or Attached Single-Family Dwellings.
Section 430.080 Design And Maintenance Of Off-Street Parking Areas.
[R.O. 2009 § 496.080; Ord. No. 4034, 5-28-2020]
A.
Except as otherwise provided for in this Article for Off-Street Loading Spaces, all Off-Street Parking Areas shall be a minimum of four (4) inches Asphalt with not less than seven (7) inches crushed rock base or not less than six (6) inches concrete with four (4) inches crushed rock base.
B.
Alternate paving surfaces may be considered for approval under Site Plan Review when such surface is an integral design element of the Property and deemed consistent with sound planning and construction standards
C.
All Off-Street Parking Areas shall be designed to meet the ADA (American with Disabilities Act).
D.
Internal Drive Aisles, pedestrian walks, open spaces, and Off-Street Parking and/or Loading Spaces shall be designed as integral parts of an overall Off-Street Parking Area design to achieve an adequate, safe, and convenient arrangement for pedestrian and traffic circulation.
E.
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from Building entrances to Streets, parking areas, and adjacent Buildings.
F.
The materials used in the design of paving, light fixtures, Retaining Walls, Fences, curbs, and benches shall be of good appearance, easily maintained, and indicative of their function.
G.
Off-Street Parking Areas shall be designed with adequate stormwater drainage facilities to prevent damage or inconvenience to adjacent Lots, Streets, Sidewalks, and Alleys.
H.
Off-Street Parking Areas shall be kept clear of trash and debris and shall be maintained free of surfaces defects.
I.
All Off-Street Parking and Loading Spaces shall be marked by durable painted lines at least four (4) inches wide and extending the length of the space or by curbs or other means reasonably approved by the Director to indicate individual Parking Spaces. Signs or markers located on the surface within an Off-Street Parking Area shall be used as deemed necessary by the Director to ensure efficient and safe traffic operation of the area.
Section 430.090 Repair, Service Or Sales Use Of Parking Facilities.
[R.O. 2009 § 496.090; Ord. No. 4034, 5-28-2020]
It shall be unlawful for the owner, operator, lessee, or attendant of any Off-Street Parking Area to permit motor vehicle repair work, service, vending, selling, offering for sale, or display of merchandise on the Off-Street Parking Area, unless permitted otherwise in this Code.
Section 430.100 Reduction Of Required Parking Spaces.
[R.O. 2009 § 496.100; Ord. No. 4034, 5-28-2020]
The minimum Off-Street Parking Space requirements may be reduced in all Zoning Districts, except for Detached and Attached Single-Family Dwellings, by approval of a Special Use Permit in compliance with the provisions set forth in Section 410.080 of this Code. With each such Special Use Permit application, the Applicant shall provide a parking study showing justification for a reduction in required Off-Street Parking Spaces and that such reduction will not adversely impact future use of the subject or adjacent properties.
Section 430.110 Lighting.
[R.O. 2009 § 496.110; Ord. No. 4034, 5-28-2020]
Lighting shall be provided to illuminate any Off-Street Parking Area to be used at night. Such lighting shall be maintained, arranged, and installed to deflect, shade, and focus lights away from adjacent Properties. The height, type, spacing, and degree of light standard may be further regulated by the Director in relation to specific site conditions or type of development. Off-Street Parking Area lighting, when provided, shall not exceed a maximum of five (5) footcandles at a distance of fifteen (15) feet from the base of a light standard, shall provide a minimum illumination of any Off-Street Parking Area surface of not less than one-half (1/2) footcandle, and shall not be greater than one (1) footcandle at any Lot Line adjoining a Non-Residential District or Lot with a Non-Residential Use. Illumination beyond the Lot Line of any adjoining Residential District or Lot with a Residential Use shall not exceed one-tenth (0.1) footcandle.
Section 430.115 (Reserved) [1]
Section 430.120 Off-Street Parking And Loading Space Requirements.
[R.O. 2009 § 496.120; Ord. No. 4034, 5-28-2020]
A.
Minimum Off-Street Parking Space requirements in Subsection (D) do not include Off-Street Parking Areas for the following:
1.
Paved areas used for storage and display of vehicles in conjunction with an approved Automotive Sales and/or Services, Commercial Motor Vehicle Dealers or Commercial Motor Vehicle Repair, or Recreational Vehicle Sales or Construction Equipment Dealer use on the same Lot.
2.
Paved areas used for the storage of Automobiles and Commercial Motor Vehicles used in support of the approved and Permitted Use on the same Lot.
3.
Outdoor Storage Areas related to a use on the same Lot.
B.
When the determination of the number of required Off-Street Parking Spaces results in a requirement of a fractional space, any fraction of one-half (1/2) space or less should be disregarded and any fraction over one-half (1/2) space shall count as one (1) space.
C.
Off-Street Parking Spaces required on an employee basis shall be based on the number of employees on the maximum shift.
D.
The following uses shall provide Off-Street Parking and Loading Spaces as follows:
[Ord. No. 4293, 1-26-2023]
Use | Minimum Parking Space Requirement | Minimum Loading Space Requirement |
|---|---|---|
Animal Hospital | 3 spaces for every doctor, plus 1 space for every employee on the maximum shift | None |
Art Dealer or Artisan, Craftsman, and Photography Studio | 1 space per 500 square feet of Floor Area | None |
ATM Facility | ||
Automotive Collision Shop Commercial Motor Vehicle Repair | 1 space for every employee on the maximum shift, plus 3 spaces for every service bay | None |
Automotive Convenience Store | 1 space for every fuel dispenser, plus 3.5 spaces for every 1,000 square feet of retail Floor Area | None |
Automotive Customizing Shop Automotive Service Store | 1 space for every employee on the maximum shift, 3 spaces for every service bay, and 3 spaces for every 1,000 square feet of retail sales area | None |
Automotive Sales (New and Used) Commercial Motor Vehicle Dealer Recreational Vehicle Sales | 3 spaces for every 1,000 square feet of Floor Area of sales and showroom/office area and 3 spaces for every service bay. | Table 1 |
Automotive Washing Facility | None | |
Places of Public Assembly, including: Banquet Facility Convention Center Club and Civic Lodge Entertainment Facility or Theater Recreational Facility, Indoor Unlimited (unless otherwise noted herein) Recreational Facility, Indoor Limited (unless otherwise noted herein) Auditorium Gymnasium | 1 space for every 4 fixed seats (1 seat equals 2 feet of bench length) or 1 space for every 3 persons based on building occupancy load. | Table 2 |
Bed and Breakfast Inn | 2 spaces, plus 1 space for every rentable bedroom | None |
Church | 1 space for every 4 seats (1 seat equals 2 feet of bench length) in the main assembly room | None |
Financial Institution Retail Store Healing Arts Establishment Liquor Store Dispensary Facility Facility Pet Supply Store Pharmacy Used Merchandise Store Other Commercial, Retail or Service Uses not otherwise listed in this Section | 4 spaces for every 1,000 square feet of Floor Area | Table 1 |
Community Center | 10 spaces, plus 1 additional space for each 300 square feet of Floor Area in excess of 2,000 square feet | Table 2 |
Construction Equipment Dealer | 3 spaces for every 1,000 square feet of Floor Area of office, sales or showroom area, plus 2 spaces for every 1,000 square feet of warehouse area or 1 space for each employee on the maximum shift, whichever is greater | Table 1 |
Day Care Facility | 1 space per 5 children, plus 1 space per employee | None |
Drive-Through Service | None | |
Dwelling — Single-Family, Single-Family Attached, Two-Family | 2 spaces for each Dwelling Unit shall be provided behind the Front Setback | None |
Dwelling — Multi-Family, Condominium, Apartment, Loft | 2 spaces for each Dwelling Unit | None |
Educational Facility | 1 space for every classroom and office and 1 space for every 4 students over 16 years of age, plus required spaces for places of public assembly | None |
Emergency Service Facility | 1 space for every employee on the maximum shift | None |
Fitness Instruction Studio | 5 spaces for every 1,000 square feet of Floor Area | None |
General Service Contractor | 4 spaces for every 1,000 square feet of Floor Area of office and sales area, plus 2 spaces for every 1,000 square feet of warehouse area or 1 space for each employee on the maximum shift, whichever is greater | Table 1 |
Government Administrative Building | 3.5 spaces for every 1,000 square feet of Floor Area | Table 2 |
Golf Course | 10 spaces per each hole | None |
Grocery Store, Convenience | 3.5 spaces for every 1,000 square feet of Floor Area | Table 1 |
Grocery Store, General | 5 spaces for every 1,000 square feet of Floor Area | Table 1 |
Health Club | 5 spaces for every 1,000 square feet of Floor Area | None |
Hotel or Extended Stay Hotel | 1 space for every guest room or sleeping unit, plus 2 spaces for every 3 employees on the maximum shift, plus required parking for affiliated uses (Banquet Facility, Restaurants, etc.) | Table 2 |
Medical Office or Facility | 4 spaces for every 1,000 square feet of Floor Area or 4 spaces for every doctor and 1 space for every additional employee, whichever is greater. A minimum of 10 spaces is required for a Medical Facility | Table 2 |
Museum or Library | 10 spaces, plus 1 additional space for each 300 square feet of Floor Area in excess of 2,000 square feet | None |
Nursery | 2 spaces for every 3 employees on the maximum shift, plus 4 spaces for every 1,000 square feet of sales room area | Table 2 |
Office, General | 3 spaces for every 1,000 square feet of Floor Area | Table 2 |
Personal and Business Service Shop (unless otherwise herein noted) | 4 spaces for every 1,000 square feet of Floor Area or 1 space for every 2 employees, whichever is greater | Table 2 |
Barber or Beauty Shops | 3 spaces for every barber chair | None |
Laundromat | 1 space for every 2 washing machines | None |
Dry Cleaning | 3.5 spaces for every 1,000 square feet of Floor Area | Table 2 |
Pet Grooming Facility | 1 space for every 2 employees on the maximum shift, plus 1 space per grooming table | None |
Handball, Racquetball, Tennis Courts | 2 spaces for every court, plus auditorium seating | None |
Soccer, Hockey, Basketball Skating Rink | 1 space per 100 square feet of playing area, plus auditorium seating | None |
Bowling | 4 spaces for every lane. Additional spaces shall be provided for affiliated uses (Restaurant, multi-function room) | None |
Recreational Facility, Outdoor Limited (unless otherwise noted herein) | 1 space for every 3 persons of the maximum number of persons that may be accommodated at any 1 time | None |
Research Center | 1 space per every employee on the maximum shift | Table 2 |
Restaurant or Tavern | 1 space for every 3 seats, plus 2 spaces for every 3 employees on the maximum shift. A Restaurant or Tavern which provides an Outdoor Dining area in which the number of seats exceeds 20% of the number of indoor seats shall also provide parking spaces for the Outdoor Dining area at a ratio of 1 parking space per 4 outdoor seats provided | None |
Restaurant — Fast Food | 1 space for every 2 seats, plus 2 spaces for every 3 employees on the maximum shift, in addition to 1 space for every 3 seats of outdoor seating area | None |
Self-Storage Facility | 5 spaces for the first 5,000 square feet of storage area, plus 1 space for each additional 5,000 square-foot of storage area | None |
Service Center, Repair | 1 space for every employee on the maximum shift, 3 spaces for every service bay, plus 3 spaces for every 1,000 feet of retail sales area | None |
Truck Terminal | 1 space for every employee on the maximum shift | |
Warehouse | ||
Less than 1,000 square feet | 1 space for every 1,000 square feet of warehouse area, plus required parking for affiliated use (i.e. office, retail areas) | None |
1,000 square feet to 4,999 square feet | 1 space for every 1,000 square feet of warehouse area, plus required parking for affiliated use (i.e. office, retail areas) | Table 2 |
5,000 square feet to 9,999 square feet | 1 space for every 1,000 square feet of warehouse area, plus required parking for affiliated use (i.e. office, retail areas) | Table 1 |
10,000 square feet or larger | 1 space for every 1,000 square feet of warehouse area, plus required parking for affiliated use (i.e. office, retail areas) | Table 1 |
Industrial (Heavy and Light), Wholesale | ||
Less than 1,000 square feet | 2 spaces per every 3 employees on the maximum shift, plus required parking for any affiliated use (i.e. office, retail areas) | None |
1,000 square feet to 4,999 square feet | 2 spaces per every 3 employees on the maximum shift, plus required parking for any affiliated use (i.e. office, retail areas) | Table 2 |
5,000 square feet to 9,999 square feet | 2 spaces per every 3 employees on the maximum shift, plus required parking for any affiliated use (i.e. office, retail areas) | Table 1 |
10,000 square feet or larger | 2 spaces per every 3 employees on the maximum shift, plus required parking for any affiliated use (i.e. office, retail areas) | Table 1 |
Warehouse Showroom Sales | 1 space for every employee on the maximum shift, and 3 spaces for every 1,000 feet of retail sales area | Table 2 |
Other uses not specified in this Section | Where no minimum requirement is specified in this Section or where any of the parking requirements may be construed as applicable to the same use, Lot or Building, the final determination of required parking shall be made by the Director by comparing to a similar use. |
Section 430.130 Minimum Off-Street Loading Requirements.
[R.O. 2009 § 496.130; Ord. No. 4034, 5-28-2020]
A.
Each Off-Street Loading Space shall connect with an Alley, Driveway, or Street and shall be laid out so that trucks shall be able to maneuver into adjacent loading docks or designated loading areas at the side or rear of the Building served, except that for commercial units of less than five thousand (5,000) square feet, the City may approve a loading zone to accommodate ten-foot by twenty-five-foot loading zone spaces in front of the Building under Site Plan Review.
The Off-Street Loading Spaces shall be provided in accordance with the following tables:
Table 1 | |
|---|---|
Floor Area (square feet) | Minimum Number of 10-foot by 40-foot Loading Spaces |
5,000 to 24,000 | 1 |
24,001 to 60,000 | 2 |
60,001 to 96,000 | 3 |
96,001 to 144,000 | 4 |
144,001 to 192,000 | 5 |
192,001 to 240,000 | 6 |
240,001 to 294,000 | 7 |
294,001 to 348,000 | 8 |
For each additional 54,000 | 1 additional loading space |
Table 2 | ||
|---|---|---|
Floor Area (square feet) | Minimum Number of 10-foot by 25-foot Loading Spaces | Minimum Number of 10-foot by X 40-foot Loading Spaces |
2,000 to 10,000 | 1 | |
10,001 to 25,000 | 2 | |
25,001 to 100,000 | 2 | 1 |
For each additional 100,000 | 1 additional loading space | |
B.
All Off-Street Loading Spaces shall meet the following requirements:
1.
Adequate space shall be provided within the site to accommodate the loading and unloading of trucks, tractors, and trailers. A designated Off-Street Loading Space shall be provided for the location of trash collection or compaction units, in addition to the Off-Street Loading Space requirements provided herein.
2.
The required Off-Street Loading Spaces shall have adequate means of access to a Street, Alley, or Highway in a manner that will least interfere with traffic movement.
3.
The Director may require landscaping, Fencing, or other materials to effectively screen Off-Street Loading Spaces when deemed necessary to reduce visual effect or other detrimental effect on adjacent Properties.
4.
The Off-Street Loading Spaces must be paved with a minimum of nine (9) inches Portland cement concrete or any other material approved by the Director when such alternate paving surface is an integral design element of the Property and deemed consistent with sound planning and construction standards.
5.
Each ten-foot by forty-foot Off-Street Loading Space required by Table 1 or 2 must have seventy-five (75) feet of maneuvering space and shall have a vertical clearance of not less than fourteen (14) feet.
6.
Off-Street Loading Spaces utilized for the location of trash collection shall be screened with a privacy fence or any other material approved by the Director upon a showing that such alternate material provides equivalent or better Screening.
Section 430.140 Accessible Parking Regulations.
[R.O. 2009 § 496.140; Ord. No. 4034, 5-28-2020]
A.
Accessible Off-Street Parking Spaces shall be provided in accordance with the following table:
1.
Accessible Parking Table.
Total Number of Parking Spaces Required | Minimum Number of Accessible Spaces Required |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 or more | 5 plus 1% of the total number of spaces |
2.
One (1) of every eight (8) accessible parking spaces shall be van accessible and shall be designated "lift van accessible only" with Signs that meet the requirements of the Federal Americans with Disabilities Act, as amended, and any rules or regulations established pursuant thereto. Off-Street Parking Areas containing less than eight (8) accessible parking spaces shall provide at least one (1) van accessible parking space.
B.
The accessible parking spaces shall meet the following requirements:
1.
Accessible parking spaces shall be at least ten (10) feet wide with a five-foot access area immediately adjacent thereto. Two (2) accessible parking spaces may share a common access area.
2.
Van accessible parking spaces shall be at least ten (10) feet wide with an eight-foot access area immediately adjacent thereto; two (2) accessible parking spaces may share a common access area.
3.
Accessible parking spaces shall be located on the shortest possible accessible circulation route to an accessible entrance of the Building or Structure.
4.
Each parking space designated for physically disabled persons shall be identified with a Sign, either freestanding or affixed to a wall, bearing the international symbol of accessibility in white on a blue background and may also include appropriate wording such as "Accessible Parking." In addition, such freestanding Sign must read "fifty dollars ($50.00) to three hundred dollars ($300.00) Fine" pursuant to H.B. 389 enacted by the State of Missouri. Non-conforming signs in use prior to August 28, 1997, shall not be in violation of this Section during the useful life of the Sign so long as it is maintained in an appropriate manner as determined by the Director, provided, however, that under no circumstances shall the useful life of the non-conforming Signs or spaces extended by means other than those means used to maintain any Sign or space of the owner's Property which is not used for vehicles displaying a disabled plate.
5.
Height Requirements. Accessible parking spaces shall be identified by a Sign centered within the space. The bottom of the Sign shall not be less than four (4) feet or more than five (5) feet above grade. The sign(s) will utilize the international symbol of access and include the violation fine notice specified in this Section.
6.
Color Requirements.
a.
All required accessible parking spaces shall be marked and maintained with blue space lines on the parking area pavement. Ground painted symbols are not required; however, if provided, shall be of the same blue color as the space marking.
b.
Requirements of this Section shall apply to all new Off-Street Parking Areas and any existing Off-Street Parking Area that is restriped or redesigned.
Section 430.150 Applicability.
[R.O. 2009 § 495.010; Ord. No. 3001 § 1, 12-23-2008]
The provisions of this Article shall apply to the construction or reconstruction of all Driveways and/or curb cuts in the City.
Section 430.160 Definitions.
[R.O. 2009 § 495.020]
As used in this Article, the following terms shall have the meanings and usages indicated:
Any Lot that is not deemed to be a Residential Lot, Multi-Family Complex, or Industrial Use as defined herein.
Any Lot with a Principal Light or Heavy Industrial Use and located in the "IP-1" or "PID" District.
Any Lot containing one (1) or more Buildings used for Multi-Family Dwellings or designated as a common area for a Multi-Family Complex.
Any Lot containing a Single-Family or Two-Family Dwelling or designated as a common area for a subdivision for Residential Use.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 430.170 Driveway Regulation For Residential Lots.
[R.O. 2009 § 495.030; Ord. No. 3001 § 1, 12-23-2008]
A.
Interior Lots.
1.
On all Lots up to two hundred (200) feet wide at the Street, one (1) Driveway not more than thirty (30) feet or thirty-five percent (35%) of the Lot Width, whichever is less, from the Street to the required Front Setback shall be permitted. For radii, the width may be increased by not more than ten (10) feet at the edge of the pavement.
2.
On all Lots in excess of two hundred (200) feet wide at the Street, the following shall apply:
a.
One (1) Driveway not to exceed twenty-four (24) feet in width from the Street to the required Front Setback. For radii, the width may be increased by not more than ten (10) feet at the edge of pavement.
b.
Two (2) Driveways with an aggregate width from the Street to the required Front Setback, not to exceed forty-four (44) feet, shall be allowed, provided that a minimum of one hundred (100) feet is required between Driveways at the Street. A maximum of ten (10) feet may be added for radii of each Driveway at the edge of the pavement.
c.
A wider Driveway may be permitted behind the Front Setback to serve Private Garages and turnarounds.
d.
A circular Driveway may be permitted if the pavement width is less than eighteen (18) feet.
B.
Corner Lots.
1.
Corner Lots may be considered as two (2) Interior Lots if the width at the Street is greater than two hundred (200) feet on each Street in order to allow one (1) Driveway on each Frontage; provided, however, that not more than two (2) Driveways shall be allowed per Lot.
2.
On any Corner Lot, no Driveway shall be permitted to be closer than thirty (30) feet to the point of Intersection.
Section 430.180 Driveway Regulations For Commercial/Business Lots And Multi-Family Complex Lots.
[R.O. 2009 § 495.040; Ord. No. 3001 § 1, 12-23-2008; Ord. No. 4270, 10-27-2022]
A.
Single Entrance And Exit Driveways.
1.
The minimum width of entrance and exit Driveways shall be fourteen (14) feet at the right-of-way.
2.
The maximum width of entrance Driveways shall be eighteen (18) feet at the right-of-way.
3.
The maximum width of exit Driveways shall be twenty-four (24) feet at the right-of-way.
4.
There shall be a minimum distance of eighty (80) feet between Driveways measured at the right-of-way.
5.
The minimum distance from the point of Intersection shall be eighty (80) feet on Comer Lots.
6.
All Driveways shall be constructed with a minimum radius of twenty (20) feet. The maximum radius shall be forty (40) feet unless it is determined by the Director of Public Works that a larger radius is required to provide adequate turning movements.
B.
Combined Entrance/Exit Driveways.
1.
The minimum width of combination entrance/exit Driveways shall be twenty-four (24) feet at the right-of-way.
2.
The maximum width of combination entrance/exit Driveways shall be thirty-six (36) feet at the right-of-way, except that the maximum width may be increased to forty-two (42) feet to allow one (1) island not to exceed six (6) feet in width between the entrance and exit.
3.
The minimum distance from the point of Intersection shall be one hundred twenty (120) feet.
4.
The minimum radius for all Driveways shall be twenty (20) feet. The maximum radius shall be forty (40) feet unless determined by the Department of Public Works that a larger radius is required to provide adequate turning movements.
5.
The minimum distance between Driveways on the same Lot shall be one hundred twenty (120) feet at the Street.
Section 430.190 Driveway Regulations For Industrial Lots.
[R.O. 2009 § 495.050; Ord. No. 4270, 10-27-2022]
A.
The minimum width of Driveways shall be twenty-four (24) feet measured at the right-of-way.
B.
The maximum width of Driveways shall be thirty-six (36) feet measured at the right-of-way.
C.
The minimum distance from the point of Intersection shall be one hundred fifty (150) feet.
D.
The minimum distance between two (2) Driveways on the same Lot shall be two hundred (200) feet measured at the right-of-way.
E.
The minimum radii for all Driveways shall be twenty (20) feet.
The width, number of Driveways, or radii may be increased or decreased as determined by the Director of Public Works to provide for high traffic volumes or movement of large trucks. |
Section 430.200 General Driveway Regulations.
[R.O. 2009 § 495.060; Ord. No. 3001 § 1, 12-23-2008]
A.
All Driveways must be paved with concrete or Asphalt.
B.
Any portion of all Driveways located within a Street shall be paved with concrete in accordance with the following:
1.
Driveways connecting a Residential Lot to the edge of pavement of the adjacent Street shall be a minimum of six (6) inches of concrete on four (4) inches of compacted aggregate base.
2.
Driveways connecting a Commercial/Business, Multi-Family Complex, or Industrial Lot to the edge of pavement of the adjacent Street shall be a minimum of eight (8) inches of concrete on four (4) inches of compacted aggregate base.
C.
Driveways constructed of concrete and located on a Residential Lot shall be a minimum of four (4) inches on four (4) inches of compacted aggregate base.
D.
Driveways constructed of Asphalt and located on a Residential Lot shall be a minimum of four (4) inches of Type "C" Asphalt on six (6) inches of compacted aggregate base.
E.
Driveways constructed of concrete and located on a Commercial/Business, Multi-Family Complex, or Industrial Lot shall be a minimum of six (6) inches in depth on four (4) inches of compacted aggregate base.
F.
Driveways constructed of Asphalt and located on a Commercial/Business, Multi-Family Complex, or Industrial Lot shall be a minimum of four (4) inches in depth on six (6) inches of compacted aggregate base.
Section 430.210 In General.
[R.O. 2009 § 445.010]
The regulations hereinafter contained in this Article qualify or supplement, as the case may be, regulations appearing elsewhere in this Code.
Section 430.220 Landscape.
[R.O. 2009 § 445.020]
A.
It is the purpose of this Section to provide reasonable minimum standards for the preservation of areas of natural tree cover and other unique characteristics of the landscape within the City, to facilitate new development in harmony with intrinsic environmental values, establish appropriate Buffers Areas between various development types and individual Lots, encourage interspersion of landscaped nodes within Off-Street Parking Areas, and to, in an orderly manner, establish a visually pleasing and functional streetscape.
1.
General landscape requirements.
a.
Trees generally. No tree shall be planted closer than forty (40) feet from any Intersection corner measured from the Front Lot Line or the point of intersecting Front Lot Lines. No tree shall be planted closer than ten (10) feet from any fire hydrant.
b.
Pruning requirement. Every owner of any tree overhanging any Street in the City shall prune the branches so that such branches shall not obstruct the light from any Street lamp or obstruct the view of any Intersection and so that there shall be a clear space of eight (8) feet above the surface of the Street or sidewalk.
c.
Unlawful to damage City landscaping. It shall be unlawful for any person to cut any tree on public property or on public Streets except in accordance with Chapter 510, Excavations and Public Rights-Of-Way Management, or as otherwise specifically authorized by this Code or the Board.
d.
Maintenance. Any unpaved areas between the Street and the abutting Lot shall be maintained to the finished curb line of the Street by the owner or occupant of the abutting Lot.
e.
Vacant Lots or open spaces. Any vacant Lot or open space not being used for any purpose shall be seeded or sodded to maintain ground cover.
f.
Tree removal on undeveloped land. No clearing of trees on undeveloped land shall occur until a permit has been obtained through the Community Development Department. The Director may require the submittal of a Conservation Plan as described under Subsection (B)(4), to be submitted for review and approval by the Director. Clearing of undeveloped land does not include the removal of underbrush or invasive species.
g.
Tree removal near riparian. No trees shall be removed within twenty-five (25) feet of the riparian (stream bank) corridor without obtaining a permit from the Community Development Department. Tree removal does not include the removal of underbrush.
B.
Landscape requirements for development or changes to land. Anything in this Code to the contrary notwithstanding, all development or changes to Property shall comply with the provisions of this Section.
1.
Landscape requirements, in general.
a.
Grade. The grade of land within the dripline of a tree designated to remain shall not be raised or lowered more than six (6) inches unless a well or Retaining Wallis used.
b.
Tree protection during construction. Suitable protective barriers shall be erected around all trees to be preserved to ensure that the trunks, branches, and roots are not damaged during development.
c.
Preservation of existing trees. An effort should be made to preserve the natural vegetation, tree cover, or other special landscape characteristics and to maintain any natural amenity which contributes to distinguishing the Property as an attractive setting.
2.
Required landscape for new Residential Lots.
a.
There shall be at least two (2) trees planted in the Front Yard(s) of each Lot.
b.
For any Attached Single-Family Dwelling development or within any Multiple-Family Dwelling development one (1) shade tree shall be planted per sixteen hundred (1,600) square feet of Gross Floor Area of each Building. The Commission may recommend the Board require evergreen trees as a Buffer Area between Multiple-Family Dwellings and adjacent Lots containing Single-Family Dwellings.
3.
Required landscape for Non-Residential Lots. As Non-Residential developments are commonly characterized by larger Buildings, more extensive intensity of use and Lot coverage including sizeable Off-Street Parking Areas, additional landscaping should be considered. Thus, to help assure implementation of the objectives of this Section, the following standards will also be applicable to any new Building or Building additions in any Non-Residential District or any Institutional Building in any Residential District.
a.
Use of preserved wooded or natural areas. The use of the wooded or natural areas for walking paths, picnic areas, and bench placement is encouraged. The layout of paths will be clearly defined by gravel or Asphalt or by defined edges of stone, timber, or plantings. Areas for picnic tables and benches will be distributed as to prevent the concentration of use in any single part of the wooded area. The intent of these requirements is to avoid compaction of ground surfaces at the bases of trees and to preserve the natural undergrowth.
b.
Requirements of Lot landscaping. The owner or occupant must install landscaping for any new Building or area effected by any Building addition subject to these regulations and in accord with the following:
(1)
Landscaping shall be required in all Buffer Areas that are not otherwise used for Off-Street Parking Areas, as provided in the Zoning District, except no formal landscaping shall be required in a rear Buffer Area that is unpaved except that a dust-free surface shall be maintained. However, in the event that the Rear Lot Line abuts a "R," "PG," or "PR" District, the Buffer Area shall be landscaped. Such landscaped area shall contain trees and/or shrubs that provides an opaque barrier, in the discretion of the Director not less than seven (7) feet in height or combination thereof.
(2)
Each separate interior landscaped area with an area of one hundred (100) square feet or more shall include at least two (2) deciduous shade trees. Also, no tree planting area shall be less than six (6) feet in any dimension.
(3)
All Lots used for Non-Residential Uses and abutting a Lot in a Residential District or Lot with a Residential Use shall provide along any common Lot Line a continuous berm with a minimum height of four (4) feet or planting of evergreen trees or shrubs approved by the Board to prevent the direct light from motor vehicle headlights from being cast on adjacent Residential Dwelling Units.
c.
Off-Street Parking Areas. To reduce the apparent size of Off-Street Parking Areas, landscape islands shall be provided for all Off-Street Parking Areas with twenty (20) or more Off-Street Parking Spaces and a minimum of five percent (5%) of the total square footage of the Off-Street Parking Area shall be landscaped. Such islands shall be a minimum of eighteen (18) feet in length by ten (10) feet in width. One (1) such island shall be installed and maintained for each twenty (20) Off-Street Parking Spaces provided on the Lot and at the terminus of each row of Off-Street Parking Spaces adjoining an access drive. With the approval of the Board, landscaped areas may be substituted in lieu of landscaped islands that equal ten percent (10%) of the total Off-Street Parking Area (less Driveway and Drive Aisles). This shall be in addition to any other required Buffer Areas or landscape requirements.
4.
Landscape and Conservation Plans, when required.
a.
Landscape Plan. There shall be a landscape plan prepared and submitted with Site Plan Review and Preliminary Plat applications that:
Enumerates planting size and species with their location which will present the development's specific criteria regarding uses of outside space, including ground cover, Buffer Areas, and shade trees and demonstrates that the design has been accomplished to preserve the existing natural landscape character of the site to the extent that it is reasonably feasible.
A landscape plan, which includes specific dimensions and/or quantities of landscaping materials to be added or removed and plant species impacted or to be used, and construction protection methods for trees to preserve an existing tree or plant a replacement tree, may be required as a condition of Site Plan or Preliminary Plat approval.
b.
Conservation Plan. If deemed reasonably necessary by the Director or Commission based on the amount of proposed tree removal and existing Lot coverage, a conservation plan may be required. The conservation plan shall clearly set forth all trees over six (6) inches in diameter at a height of twelve (12) inches above average grade with an indication of which trees will be removed and which trees will be retained may be required. All trees removed which are six (6) inches in diameter (caliper) or greater shall be replaced with equal caliper inches of similar type trees. Planting plans shall provide calculations to demonstrate that the caliper inch replacement is in accordance with the conservation plan. All utility installations, stormwater Detention/Retention Areas, or ponds shall be undertaken with a minimum amount of tree removal. Specimen trees, those of predominant stature and species and those important to wildlife as reasonably determined by the Director, are to be retained to the maximum extent possible.
c.
Approval. No trees shall be removed or grading begun until the Preliminary Plat or Site Plan has been approved.
d.
Failure to Complete. In the event that the landscaping is not completed in accordance with the submitted landscape plan, final occupancy will not be issued.
5.
Plant size/quality schedule.
PLANT SCHEDULE | ||
|---|---|---|
Type | Minimum Size | Location/Spacing |
Shade tree | 3 inches diameter | Property Frontage (25 feet centers) |
Flowering tree | 6 feet height | Lawn |
Evergreen tree | 6 feet height | Screening (10 feet center) |
Deciduous shrubs | 3 feet height | Buildings/lawn (3 feet center) |
Evergreen shrubs | 3 feet height | Buildings/lawn (3 feet center) |
Broadleaf evergreens | 3 feet height | Lawn (4 feet center) |
Ground cover | 2 inch pots | Buildings/signs (6 inches center) |
Section 430.230 Yards.
[R.O. 2009 § 445.030; Ord. No. 3001 § 1, 12-23-2008; Ord. No. 3631 § 2, 10-27-2016]
A.
Every part of a Required Yard shall be open to the sky unobstructed unless otherwise provided within this Code or in the following circumstances:
1.
The ordinary projections of skylights, sills, belt course, cornices, and ornamental features may project into the Required Yard not more than twelve (12) inches.
2.
Open or lattice-enclosed fire escapes, fireproof outside stairwells, and balconies opening upon fire towers may project into a Required Yard not more than five (5) feet.
3.
Roof overhangs may project into a Required Yard not more than eighteen (18) inches, provided that the overhang is at least five (5) feet from any Lot Line.
4.
The ordinary projections of chimneys and flues not exceeding seventy-two (72) inches in width may project into the Required Yard not more than twenty-four (24) inches.
5.
Uncovered or covered, unenclosed Porches may project into the required Front Yard not more than ten (10) feet.
6.
Uncovered, unenclosed Decks and Porches that are two hundred (200) square feet or less in size may project into the Required Rear Yard provided that the Deck or Porch has a Setback from all Lot Lines a minimum distance equal to that of the required Side Yard of the applicable Zoning District.
7.
Cantilevered interior spaces, such as bay windows, may project into the required Rear or Front Yard not more than two (2) feet plus a one (1) foot roof overhang provided that the cantilevered space is not more than ninety-six (96) inches in width. Cantilevered interior spaces shall not project into the required Side Yard.
Section 430.240 (Reserved) [1]
[1]
Editor's Note: Former Section 445.040, Other Exceptions and Rules, which derived from Ord. No. 3001 § 1, 12-23-2008, was repealed 10-27-2016 by Ord. No. 3631.
Section 430.250 Short Title.
[R.O. 2009 § 485.010; Ord. No. 3638 § 1, 11-21-2016[1]]
This Article shall hereafter be known as the "Sign Code," may be cited as such, and may be referred to herein as the "Sign Code" or "this Article."
Section 430.260 Purpose, Findings, And Scope.
[R.O. 2009 § 485.020; Ord. No. 3638 § 1, 11-21-2016]
A.
This Sign Code is intended to do the following:
1.
Purpose. The provisions of this Article shall govern the Erection of all Signs and Flags, together with their appurtenant and auxiliary devices, in respect to size, color, location, and structural and fire safety. The City has promoted and preserved its character by systematically adopting and updating its zoning regulations. As a result, the purpose of this Article is to allow a Property Owner the ability to make use of his/her Property for free expression without any content based limitations but in a manner designed to avoid the visual clutter that is harmful to traffic and pedestrian safety, property values, business opportunities, and community appearances.
2.
Findings. The Board hereby finds that:
a.
Sign regulations may impact First Amendment rights and that these rights are important constitutional rights that must be protected.
b.
Unregulated signage has direct and secondary effects that are harmful to the safety and general welfare of the City as a whole and to its individual citizens.
c.
These direct and secondary effects result from the visual clutter that occurs as a result of the unregulated installation and lack of maintenance of Signs.
d.
These direct and secondary effects include harm to traffic and pedestrians' safety, depreciation of Property values within the City, decreased business opportunities for individual and business residents of the City (resulting in decreased sales, property, and other tax revenues that are necessary to provide an adequate level of public service to City residents), community blight, and an overall less pleasing community appearance.
e.
Residents are virtually captive audiences of Signs displayed by neighbors; Signs are an intrusion into residential privacy and interfere with the enjoyment of a resident's Property because the view from the resident's Property may become so marred by the clutter of Signs that the resident cannot successfully avoid observing the Sign clutter.
f.
Because of these direct and secondary effects, the City has a compelling interest in regulating Signs within the City.
g.
These regulations are content-neutral and place restrictions that directly advance the City's stated interests.
h.
To the extent that any provisions of these regulations are content-based, they are intended to further compelling governmental interests.
i.
A primary and compelling interest of the City is to allow Property Owners to post Public Interest Signs to protect the safety of others and to allow all persons to comply with legal requirements imposed by law or by order of a court requiring the posting of notices, without being subject to regulation.
j.
The scope of these regulations is proportionate to the interests served and narrowly tailored to achieve the desired objective.
k.
A direct nexus exists between the desired City's goals and the means chosen in these regulations to achieve its desired goals.
3.
Scope.
a.
Classifications. Regulations in the Sign Code are classified by use, and the definitions in Section 430.280 shall govern with regards to the type of use.
b.
Building Code Applicable. In the absence from this Article of specifications governing details of Sign construction, the applicable standards listed in the Building Code shall apply.
c.
Government Signs. This Article recognizes that Government Signs are government speech intended to ensure public safety.
Section 430.270 Computations.
[R.O. 2009 § 485.030; Ord. No. 3638 § 1, 11-21-2016]
A.
The following principles shall control the computation of Sign Face and Sign height:
1.
Computation Of Sign Face Of Individual Signs. The area of a Sign Face shall be computed by measuring the area of the smallest circle, square, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the Sign or used to differentiate the Sign from the back drop or Sign Structure against which it is placed, but not including the Sign Structure or Facade that is clearly incidental to the display itself.
2.
Computation Of Multi-Face Signs.
a.
A Double-Faced Sign with two (2) Sign Faces shall be considered one (1) Sign. Provided, however, to the extent a Double-Faced Temporary Sign has two (2) Sign Faces that are not identical, each Sign Face shall be considered a separate Sign and the area shall be computed by adding together the area of each non-identical Sign Face.
b.
The Sign area for a Sign with more than two (2) Sign Faces shall be computed by adding together the area of all Sign Faces on the Sign.
3.
Computation Of Height. The height of a Sign shall be computed as the distance from the base of the Sign Structure at normal grade to the top of the highest attached component of the Sign. Sign height of a Wall Sign shall be computed as the distance from the base of the Sign to the top of the Sign. Normal grade shall be construed to be the lowest of: (a) existing grade prior to construction or (b) the newly established grade, after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the Sign. In cases in which normal grade cannot reasonably be determined, Sign height shall be computed on the assumption that the elevation of the normal grade at the base of the Sign is equal to the elevation of the nearest point of the crown of a Street or the grade of the land at the principal entrance to the Principal Structure on the zoned Lot, whichever is lower.
Section 430.280 Definitions.
[R.O. 2009 § 485.410; Ord. No. 3638 § 1, 11-21-2016]
As used in this Article, the following terms shall mean:
A Sign other than a Flag that is made of lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere. This definition includes pennants, ribbons, streamers, spinners, or other similarly moving devises.
A Sign which directs the attention to a business, commodity, service, or entertainment not necessarily sold or offered: (a) elsewhere than upon the same Lot where such Sign is displayed; (b) not for the Principal Use of such Lot upon the premises where such Sign is located or to which it is attached; or (c) any other outdoor advertising subject to regulation pursuant to Sections 226.500 through 226.600 and Section 71.288, RSMo., as amended.
Use of land or Buildings for office (including medical), office/warehouse, Financial Institution, Convention Center, Hotel, or similar uses.
A device designed so that characters, letters, or illustrations can be changed or rearranged instantaneously, either manually or electronically.
Any use wherein goods and services are purchased or sold to either the consuming public (retail) or to other businesses (wholesale). Commercial Use includes Business Use and Industrial Use but does not include Public/Semi-Public Use.
To build, construct, attach, hang, place, affix, or locate.
[Ord. No. 3754 § 1, 11-20-2017]
A generally rectangular piece of fabric of distinctive design traditionally raised on a Flagpole.
A pole mounted to the ground and used for flying a Flag.
A hand-painted work of visual art that is either affixed to or painted directly on the Facade or other exterior surface without the permission of the Property Owner.
That floor of a Building which is approximately level with the ground around the Building and which contains the Building's primary ingress and egress; first floor.
A display for decorative purposes during any nationally recognized holiday period.
A source of any artificial or reflected light, either directly from a source of light incorporated in or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the Sign.
Use of land or Buildings for manufacturing, assembly, fabrication, warehousing, distribution, freight terminal, wholesale sales, and other uses of similar intensity.
One (1) or more Buildings containing a minimum of three (3) or more Dwelling Units per Building.
A form of non-commercial speech wherein a hand-painted work of visual art is either affixed to or painted directly on the Facade of a Structure with the permission of the Property Owner. An Original Art Display does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or Changeable Copy Panel.
That portion of a Lot or Building occupied by one (1) or more occupants, exclusive of common areas shared with adjacent occupants, if any.
An individual or entity who has the right to possess, use, and convey the Property, Premises, Building, Sign, or Sign Structure. For the purposes of this Article, the tenant of a Property or Premises is considered the Property Owner as to the Property the tenant holds a right to use exclusive of others (or the sole right to occupy). If there are multiple tenants of a Property or Premises, then each tenant shall have the same rights and duties as the Property Owner as to the Property or Premises the tenant leases and has the sole right to occupy, and the size of the Property or Premises shall be deemed to be the Property that the tenant has the sole right to occupy under the lease.
An Educational Facility, Church, Community Center, cultural facility, library, hospital, or similar place that serves the public for its educational, cultural, and/or recreational benefit.
Any use wherein individuals or families utilize Single-Family, Two-Family, and Multi-Family Complex for private housing purposes. Residential Use does not include Public/Semi-Public Use.
A name, identification, description, display, or illustration, which is affixed to, painted, or represented directly or indirectly upon a Building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the Sign Face or to an object, product, place, activity, person, Institution, organization, or business. Signs located completely within an enclosed Building, and not exposed to view from a Street or sidewalk, shall not be considered a Sign. A Flag shall not be considered a Sign. This definition includes Holiday Displays.
A Sign that is made up of or incorporates a Changeable Copy Panel.
A Sign with two (2) Sign Faces of the same shape designed to be seen from two (2) opposite directions, supported on the same support, and at the same elevation.
The entire area within a square, circle, rectangle, triangle, or combination thereof that encompasses the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the Sign from the backdrop or Structure against which it is placed, but not including the Sign Structure or Facade that is clearly incidental to the display itself.
Any Illuminated Sign on which the artificial light is not maintained stationary or constant in intensity or color at all times when such Sign is in use. For the purpose of this Article, any moving Illuminated Sign or Signs that fluctuate in light intensity or use intermittent strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles, or that in any manner creates the illusion of movement shall also be considered a Flashing Sign.
A Sign that is constructed, placed, or maintained by the federal, state, or local government or a Sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce or protect a Property Owner's rights.
A Sign that is embedded, extruded, or carved into the material of a Building Facade and customarily made of bronze, brushed stainless steel or aluminum, stone, or similar material attached to the Building Facade.
A Sign located inside a Building on a window or door and exposed to view from a Street or sidewalk. An Interior Window/Door Sign may be a Temporary or Permanent Sign.
A Sign having the appearance of a solid base of landscape construction materials such as masonry, stucco, stonework, textured wood, tile, anodized metal, or textured concrete materials. The base of a Monument Sign shall be architectural in nature, with a concealed means of support, and utilize materials consistent with the design of the Building in which it is associated.
Commercial speech in the form of a Permanent Sign that does not relate to a use of the Premises on which it is located.
Commercial speech in the form of a Permanent Sign that relates to a use of the Premises on which it is located.
Any Sign affixed or attached to the ground or a Structure and which cannot be removed without special handling. Any Sign that is not a Temporary Sign is deemed to be a Permanent Sign and shall be governed by the regulations for a Permanent Sign.
Any detached Permanent Sign which is supported by one (1) or more stationary poles extending more than two (2) feet above the mean grade line of the ground at its base, provided that this shall not include a permitted Monument Sign as set forth herein.
Any Sign intended to convey a legal right or restriction on a Property; a Sign intended to warn the public of a bona fide danger on the Property; or a Sign placed by order of a court or by a government official in the normal course of their duties. Public Interest Signs shall include Signs identifying a Structure or an area as a historic Structure or place. These Signs are considered government speech.
A Pole Sign of not more than six (6) square feet in area per Sign Face and not more than three and one-half (3.5) feet in height.
[Ord. No. 4003, 1-23-2020]
A Wall Sign not exceeding two (2) square feet in size.
The support, poles, upright bracing or brackets, and framework for any Sign that is mounted on or affixed to a Building, Structure, or the ground. A Sign Structure may be a single pole and may or may not be an integral part of the Building.
A non-Permanent Sign constructed of paper, cloth, canvas, plastic sheet, vinyl, cardboard, fiberboard, plywood, or other like materials and that by design, installation, materials, and/or appearance is intended to be displayed for a limited period of time.
A Sign that uses a vehicle or trailers in such a way as to function primarily as a Sign, including but not limited to vehicles that are not operational and parked to display a Sign. Vehicles and trailers associated with the function of the business on the Premises shall not be considered a Vehicle Sign.
A Sign affixed directly to a Facade of a Building and confined within the limits of such Facade. An Integral Sign is considered a Wall Sign for the purposes of this Article.
A development of land for which there is a duly recorded Plat approved by the City.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 430.290 General Regulations.
[R.O. 2009 § 485.050; Ord. No. 3638 § 1, 11-21-2016]
A.
Notwithstanding anything else in this Article or the City Code, the following restrictions shall govern all Signs displayed in the City:
1.
Code Compliance. Signs may only be displayed in accordance with this Article.
2.
Maintained. All Signs shall be of sound structural quality, be maintained in good repair and condition, have a clean and neat appearance and, as appropriate, abide by all Building, Electrical and other Codes.
3.
Permitted Signs. The following Signs are permitted in all Zoning Districts:
a.
Government Signs.
b.
Traffic control devices provided such complies with the Manual on Uniform Traffic Control Devices. Comment: The Federal Highway Administration has established uniform standards for Signs that regulate traffic or that are erected and maintained within road rights-of-way or adjacent Property. These uniform standards are intended to be used by owners of private Property that is open to the public to reduce confusion and limit the risk of accident. While these regulations are content specific, they serve an extraordinarily important public function.
c.
Any Sign necessary for public safety Erected by utility companies within their respective easements.
d.
Holiday Displays provided that said display does not traverse any Street or create any traffic problem, congestion, or safety hazard.
4.
Location. No Flag or Sign shall be permitted or displayed:
a.
In the public Street or other City property, except as expressly provided for by this Article or other City ordinance.
b.
So that its location might obstruct the view of or be confused with any Street markers, traffic Signs or signals, other regulatory devices or warnings, or any other Signs Erected by any governmental body or agency.
c.
So that it is located within a sight triangle or interferes with the view reasonably necessary for motorists to proceed safely through Streets and Intersections, or to enter or exit from Streets.
5.
Temporary Signs. Unless otherwise provided for specific uses, Temporary Signs:
a.
Shall not exceed three (3) feet in height.
b.
Shall not be placed on any utility pole, streetlight pole, tree, fence, or similar object.
c.
Shall not exceed the applicable size limits allowed for the use type.
d.
Shall be secured or mounted as to not allow any motion.
e.
Shall be securely attached and flush at all points when attached to a Facade.
6.
Permanent Sign Materials. All Permanent Signs shall be constructed of durable, outdoor, and weather-resistant materials and shall not be primarily constructed with impermanent materials such as paper, cloth, canvas, plastic, plastic sheet, vinyl, cardboard, fiberboard, plywood, or other like materials.
7.
Wall Signs. Wall Signs shall be attached firmly, parallel, and adjacent to the Facade in which the Wall Sign is attached.
8.
Original Art Displays. Original Art Displays are allowed provided that they meet the following requirements:
Section 430.300 Residential Uses.
[R.O. 2009 § 485.060; Ord. No. 3638 § 1, 11-21-2016]
A.
Residential Uses. Property Owners may have the following types of Signs for Residential Uses:
1.
Temporary Signs. Temporary Signs are permitted subject to the following standards:
a.
Three (3) Temporary Signs on the Property at any time with a Sign Face no larger than four (4) square feet per Sign.
b.
One (1) Temporary Sign with a Sign Face no larger than eight and five-tenths (8.5) inches by eleven (11) inches in one (1) window per Dwelling Unit at a time.
c.
Temporary Signs shall not be Illuminated.
2.
Wall Signs. Wall Signs are permitted subject to the following standards:
a.
One (1) Wall Sign located on the Ground Floor of the Front Elevation Line shall be permitted per Dwelling Unit not to exceed three (3) square feet in area.
b.
Wall Signs shall be flush mounted and shall not project from the surface of the Facade on which it is affixed by more than twelve (12) inches at all points.
c.
Walls Signs shall not be Illuminated.
4.
Monument Signs For Subdivisions. Each Subdivision for Residential Use will be permitted one (1) Double-Faced Monument Sign at each Street entrance for such Subdivision, subject to the following standards.
5.
Multi-Family Complexes. Each Multi-Family Complex will be allowed one (1) of the following Signs for the clubhouse or leasing office:
a.
A Monument Sign no more than twenty-four (24) square feet in area per Sign Face, not exceeding six (6) feet in height, and not located closer than five (5) feet to any Lot Line. The Monument Sign may be Illuminated in accordance with Section 430.360.
b.
A Wall Sign no more than sixteen (16) square feet in area per Sign Face, oriented to the internal Street system of the complex, located on the Facade of the Front Elevation Line on the Ground Floor and flush mounted. The Wall Sign shall not be Illuminated.
6.
On-Premises Signs. On-Premises Signs are not permitted except for one (1) non-Illuminated Wall Sign or Interior Window/Door Sign, not exceeding one (1) square foot in size for a Home Occupation.
B.
Flags And Flagpoles. Flags and Flagpoles are permitted subject to the following standards:
1.
A Flag shall not exceed fifteen (15) square feet in size.
2.
Each Property Owner shall have no more than three (3) Flags on display at any given time either located on a Flagpole or mounted to the house.
3.
Each Property Owner may have one (1) Flagpole not to exceed twenty (20) feet in height.
4.
Such Flagpole shall be ground-mounted and may be located anywhere on the Premises, except within ten (10) feet of any Lot Line.
Section 430.310 Public/Semi-Public Uses.
[R.O. 2009 § 485.070; Ord. No. 3638 § 1, 11-21-2016]
A.
Public And Semi-Public Uses. Public and Semi-Public Uses located in Residential Districts, "PG" or "PR" Districts, or St. Louis County Zoning Districts "R-1" through "R-6A" or "PS" may have the following types of Signs for Public and Semi-Public Uses:
1.
Temporary Signs. Temporary Signs are permitted subject to the following standards:
2.
Permanent Signs. A maximum of two (2) Permanent Signs (Wall Signs and/or Monument Signs) are permitted per Lot, subject to the following standards:
b.
Monument Signs.
(1)
No Monument Sign shall exceed six (6) feet in height and the Sign Face shall not exceed twenty (20) square feet in area.
(2)
A Monument Sign may contain an electric Changeable Copy Panel in accordance with Section 430.360.
(3)
A Monument Sign shall have a landscaped area extending a minimum of three (3) feet on all sides of the Monument Sign base.
(4)
A Monument Sign may be located anywhere on the Premises except within five (5) feet of any Lot Line.
3.
Small Wall Signs. A maximum of one (1) non-Illuminated Small Wall Sign is permitted per Lot or Premises.
4.
Interior Window/Door Signs. A maximum of one (1) non-Illuminated Interior Window/Door Sign is permitted per Lot or Premises.
B.
Flags And Flagpoles. Flags and Flagpoles are permitted subject to the following standards:
1.
A Flag shall not exceed twenty-four (24) square feet in size.
2.
Each Property Owner shall have no more than three (3) Flags on display at any given time.
3.
Each Property Owner may have one (1) Flagpole not to exceed twenty-five (25) feet in height.
4.
Such Flagpole shall be ground-mounted and may be located anywhere on the Premises, except within ten (10) feet of any Lot Line.
Section 430.320 Commercial Uses.
[R.O. 2009 § 485.080; Ord. No. 3638 § 1, 11-21-2016]
A.
Commercial Uses. Property Owners may have the following types of signs for Commercial Uses:
1.
Temporary Signs. Temporary Signs are permitted subject to the following standards:
2.
Wall Signs. Wall Signs are permitted subject to the following standards:
[Ord. No. 3754 § 2, 11-20-2017]
a.
Wall Signs are allowed per Facade to a maximum of four (4) Facades having Wall Signs. Where a multi-tenant Building exists on the Premises, the exterior wall of the space occupied by the tenant shall be considered to be a separate Facade.
[Ord. No. 4003, 1-23-2020]
b.
Wall Sign Faces shall not exceed a total of fifteen percent (15%) of the Facade to which it is attached. However, when more than one (1) Facade is used for Wall Signs, then the Wall Sign Faces shall not exceed a total of five percent (5%) of the Facade to which the Wall Signs are attached.
c.
Notwithstanding the above, Wall Signs permitted herein shall not have Sign Faces exceeding a total of five hundred (500) square feet per Facade in the "C-1" District or PID or a total of one hundred fifty (150) square feet per Facade in all other Zoning Districts.
3.
Small Wall Signs. One (1) non-Illuminated Small Wall Sign may be installed by each exterior entrance.
4.
Pole Signs And Monument Signs. Pole Signs and Monument Signs are permitted subject to the following standards:
a.
One (1) Monument Sign or Pole Sign is permitted per Front Lot Line.
b.
Pole Sign Face shall not exceed one hundred (100) square feet in area and the Sign Structure shall not exceed twenty (20) feet in height unless Frontage is along an Interstate Highway wherein the Pole Sign Face may not exceed one hundred and fifty (150) square feet in area and the Sign Structure shall not exceed thirty-five (35) feet in height. Pole Signs may be located anywhere on the Premises except within five (5) feet of any Lot Line.
c.
No Monument Sign shall exceed seven (7) feet in height and the Sign Face shall not exceed thirty-five (35) square feet in area. A Monument Sign base shall have a landscaped area extending a minimum of three (3) feet on all sides of the Monument Sign base. A Monument Sign may be located anywhere on the Premises except within five (5) feet of any Lot Line. The Monument Sign may contain an electric Changeable Copy Panel in accordance with Section 430.360.
5.
Small Pole Signs. Small Pole Signs are permitted subject to the following standards:
[Ord. No. 4003, 1-23-2020]
6.
Interior Window/Door Signs. Interior Window/Door Signs may be displayed inside an occupant's windows or doors; provided that the aggregate area of all such Signs shall not exceed twenty percent (20%) of the window or door area upon which the Interior Window/Door Sign is placed. Interior Window/Door Signs may be Illuminated in accordance with Section 430.360.
B.
Flags And Flag Poles. Flags and Flagpoles are permitted subject to the following standards:
1.
A Flag shall not exceed sixty (60) square feet in size.
2.
Each Property Owner shall have no more than three (3) Flags on display at any given time.
3.
Each Property Owner may have three (3) Flagpoles not to exceed thirty-five (35) feet in height.
4.
Such Flagpoles shall be ground-mounted and may be located anywhere on the Premises, except within ten (10) feet of any Lot Line.
Section 430.330 Unimproved Land.
[R.O. 2009 § 485.085; Ord. No. 3638 § 1, 11-21-2016]
A.
Residential Unimproved Land. A Property Owner may have the following signs for unimproved land in a Residential District, subject to the following standards:
1.
Section 430.340 Billboards.
[R.O. 2009 § 485.090; Ord. No. 3638 § 1, 11-21-2016]
A.
Standard Billboards. Property Owners may have Billboards subject to the following standards:
1.
Size. Each Sign Face shall not exceed six hundred seventy-two (672) square feet, with a maximum height of fourteen (14) feet and a maximum length of forty-eight (48) feet.
2.
Type. Billboards may be in a back-to-back or in a V-type configuration on a single pole support Sign Structure with not more than one (1) Sign Face per facing.
3.
Height. The overall height of the Billboard shall not exceed thirty-five (35) feet. No portion of the Billboard, excluding the Support Structure, shall be lower than twenty (20) feet above the ground at the base of the Sign Face.
4.
Number. Only one (1) Billboard per Lot is allowed.
5.
Location. Billboards are only allowed within two hundred (200) feet of the nearest edge of the Street and visible from the main traveled way of any Highway which is part of the Interstate Highway System of the State of Missouri and in Non-Residential Districts.
a.
Under no conditions shall a Billboard be allowed within:
(1)
Fifteen hundred (1,500) feet of any Lot located within any Residential District.
(2)
Fifteen hundred (1,500) feet of any other Billboard on the same side of the adjacent interstate or Highway. The distance between Billboards shall be measured along the nearest edge of the Highway pavement between points directly opposite the Billboards. All other distance measurement points shall be those which yield the shortest distance between relevant points. If Billboards are angled or V-shaped, the nearest point of the Billboard to the other relevant point is to be used.
(3)
A distance equal to one hundred and fifty percent (150%) of the height of the Billboard from any Lot Line or the nearest Building.
(4)
One hundred (100) feet of any On-Premises Sign.
(5)
One thousand (1,000) feet of any park, playground, Educational Facility, library, Medical Facility, Church, historic district, landmark, or an area on the National Register of Historic Places.
b.
No Billboard shall be located in such manner as to obstruct or otherwise interfere with the effectiveness of any official traffic Sign, signal, or device or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
c.
No Billboard shall be located adjacent to or within one thousand (1,000) feet of an interchange, Intersection at grade, or safety rest area. Such distances shall be measured from beginning or ending of the pavement widening at the exit from or entrance to the main traveled way.
d.
No Billboard shall be located on a Building or non-Sign Structure.
6.
Lighting. Billboards may be Illuminated and may be an electric Changeable Copy Panel in accordance with Section 430.360.
7.
Other Regulations. No permit to allow a Billboard to be newly Erected shall be issued without a permit issued by the Missouri Highways and Transportation Committee.
Section 430.350 Sign Plan Process.
[R.O. 2009 § 485.100; Ord. No. 3638 § 1, 11-21-2016]
A.
Purpose. A Sign plan is a creative incentive for a unified visual statement that integrates the design of Signs with the design of a Building on which they will be displayed and with the surrounding area.
B.
When Allowed. The owner(s) or developer(s) of a Property not used for Residential Use, which is the site of or is proposed as the site for a single integrated development consisting of one (1) or more Buildings and Off-Street Parking, may submit an application for approval of a Sign plan to the Director for Commission for review and recommendation. The application shall be in a form prepared by the Community Development Department.
C.
Contents Of Plan. The Sign plan shall contain a visual representation of the lettering, illumination, color, size, height, placement, and location of the Signs proposed for display. When possible, this may be done in conjunction with or as a part of the Site Plan Review. Any person submitting a Sign plan for consideration shall pay the fee set forth in Addendum A,[1] of the City Code at the time of submission.
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to this Chapter.
D.
Necessity. If an Applicant is submitting a Sign plan that seeks Signs in size, location, or number that is not permitted under the express requirements of the Sign Code, then the Applicant shall submit a narrative statement that explains the need for deviation from the applicable Sign regulations. The statement shall describe the unique circumstances of the Applicant's site that warrant a deviation from the provisions of the Sign Code. In no instance may any deviation be granted to allow a type of Sign that is expressly prohibited by this Article.
E.
Standards For Approval. The Commission may recommend approval of and the Board may approve a Sign plan if the Signs represented in the Sign plan conform to applicable regulations of this Article except for size, location, illumination, and number limitations and there is an express legislative finding and determination that:
1.
The Sign plan is consistent with and fulfills the intent, spirit, and purposes of this Article;
2.
The Signs described in the Plan are compatible with the theme, visual quality, and overall character of the surrounding area;
3.
The approval of the proposed Sign plan will not be detrimental to surrounding Property;
4.
The Signs described in the plan are appropriately related in size, shape, materials, lettering, color, illumination, and character and function of the Building or Premises on which they will be displayed; and
5.
The requested deviation from the applicable Sign regulations in size, location, illumination, or number of Signs is warranted due to the unique characteristics or layout of the proposed Building(s) or the unique characteristics or topography of the proposed site.
Section 430.360 Illumination Restrictions.
[R.O. 2009 § 485.110; Ord. No. 3638 § 1, 11-21-2016]
A.
Illumination Standards. All Illuminated Signs shall be subject to the following standards:
1.
External lighting, such as floodlights, thin line and gooseneck reflectors, are permitted, provided the light source is directed upon the Sign Face and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of an adjacent Street or Residential Dwellings or Uses, and the lights are not of such intensity so as to cause glare, impair the vision of a driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor vehicle.
2.
If a Sign or Flag is externally lighted, the light source shall be completely concealed and not visible to pedestrians, motor vehicles, or persons located on adjacent Property or Lot.
3.
All Signs with internal illumination shall require an electrical permit and meet all requirements of the City's Electrical Code and other applicable Codes.
4.
Pole Signs and Monument Signs within one hundred fifty (150) feet of a Residential Dwelling shall only be Illuminated by an external light source. All Illuminated Signs within one hundred and fifty (150) feet of a Residential Dwelling shall be extinguished at the time of business closing or 11:00 p.m., whichever is later, provided that this shall not prohibit continuous illumination of Flags and Monument Signs for Subdivisions for Residential Use and Multi-Family Complexes.
5.
No revolving or rotating beam or beacon of light that simulates an emergency light or device shall be permitted as part of any Sign. No illumination shall be allowed that converts the Sign to a Flashing Sign except if reasonably necessary to convey public service information.
7.
Notwithstanding the above lighting requirements, no Illuminated Sign shall be of such brightness or intensity so as to cause glare, impair the vision of the driver of a motor vehicle or otherwise interfere with a driver's operation of a motor vehicle, obscure or interfere with the effectiveness of an official traffic control device, Sign or signal or prevent or interfere with the quiet use or enjoyment of any Lot which is used or zoned residential, or otherwise be maintained as a nuisance.
B.
Electric Changeable Copy Panels. Electric Copy Changeable Signs shall be subject to the general illumination standards of Subsection (A) of this Section and the following additional regulations:
1.
Duration Of Message Intervals. Messages must be displayed for a minimum of fifteen (15) seconds for each item shown or information displayed in the Changeable Copy Sign.
2.
Transition And Display. Message changes shall be instantaneous without dissolving, growing, melting, traveling up or down, scrolling, or fading. Messages shall have a static display and shall not be Illuminated so as to be a Flashing Sign or that in any manner creates the illusion of movement.
3.
Brightness. The brightness of a Changeable Copy Sign shall automatically adjust via photocell for use during daylight hours and non-daylight hours. No Sign may be Illuminated to a degree of brightness that is greater than necessary for adequate visibility. The maximum permitted brightness for a Changeable Copy Sign during daylight hours is five thousand (5,000) NIT (candela per square meter) and five hundred (500) NIT during non-daylight hours as measured from the Sign's Face perpendicular to the rays of the source at maximum brightness. The lighting and other specifications for a proposed Changeable Copy Sign shall be submitted with the application proposing to incorporate a Changeable Copy Sign.
4.
Story Advertising. Electric Copy Changeable Signs shall not display consecutive messages facing the same traveled way, which constitute a substantially similar theme or story and is a continuation of any immediately preceding message, thereby creating a story-boarding effect when viewed by persons operating a motor vehicle. Nothing contained in this Subsection shall prohibit the display of identical consecutive messages.
5.
Malfunction And Non-Compliance. Electric Changeable Copy Signs shall be designed and equipped to freeze the device in one (1) position if a malfunction occurs. The electric Changeable Copy Signs shall be equipped with a means to promptly discontinue the display if it malfunctions, and the Sign owner shall immediately stop the dynamic display when notified by the City that it is not complying with standards of this Code.
6.
Conversion. Conversions of an existing Sign to a Changeable Copy Sign is authorized when the Sign is permitted to be a Changeable Copy Panel by this Article and the Sign complies with current Code requirements.
Section 430.370 Prohibited Signs.
[R.O. 2009 § 485.120; Ord. No. 3638 § 1, 11-21-2016]
A.
Applicable Permits. Signs are prohibited unless constructed pursuant to a valid building permit and electrical permit when required under the City Code and authorized under this Article.
B.
Prohibitions. The following signs are prohibited which:
1.
Are of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or Street Sign or signal.
2.
Contain or consist of Banners.
3.
Are Flashing Signs, except for Holiday Displays as permitted pursuant to this Article.
4.
Are Graffiti.
5.
Are a Vehicle Sign located within one hundred and fifty (150) feet of a Street.
Section 430.380 Permits.
[R.O. 2009 § 485.130; Ord. No. 3638 § 1, 11-21-2016]
A.
Permits Required. Except as otherwise provided for by this Article or other City ordinance, it shall be unlawful for any person or entity to Erect, alter, replace, relocate, convert, or change any Sign without first obtaining Sign approval via a sign permit, and paying any applicable permit fee; provided that a permit is not required for ordinary maintenance and repair of a permitted Sign.
B.
Application Required. Applications for a Sign permit shall be made upon forms prescribed for this purpose by the Director.
C.
Application Process. Applications for a Sign permit shall be processed through the following procedures:
1.
Every Applicant, before being granted a permit hereunder, shall pay to the City a minimum fee set forth in Addendum A.[1]
[1]
Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.
2.
The Director shall review a Sign permit within a reasonable period of time and either approve it, reject it, or notify the Applicant that the application is incomplete with a specific list of deficiencies in the application.
3.
If approved, the Applicant shall apply to St. Louis County if a building permit or an electric permit is required.
4.
If the work authorized under a Sign permit has not been completed within six (6) months after the date of approval, the permit shall become null and void.
5.
The Applicant shall notify the Director within fourteen (14) days of the Sign Erection. The Director shall within a reasonable period of time thereafter file appropriate documentation of the permitted Sign.
Section 430.390 Non-Conformity And Modification.
[R.O. 2009 § 485.140; Ord. No. 3638 § 1, 11-21-2016]
A.
Amortization. For the purpose of amortization, non-conforming Signs may be continued after November 21, 2016, for a period not to exceed ten (10) years unless under a previous regulation the Signs were to be amortized and in that case the amortization period shall be as previously required or ten (10) years, whichever is less.
B.
Changes And Modifications. A non-conforming Sign shall be brought into conformity with this Article if it is substantially altered or reconstructed or replaced or relocated. An alteration or reconstruction shall be considered substantial when such alteration or reconstruction affects fifty percent (50%) or greater of the non-conforming Sign and/or Support Structure. Any non-conforming Sign that is damaged through no fault of the owner may, upon issuance of a permit, be reconstructed to its original condition without bringing the Sign into compliance with this Article; provided such change and reconstruction shall not modify any existing amortization period.
Section 430.400 Variances.
[R.O. 2009 § 485.150; Ord. No. 3638 § 1, 11-21-2016]
A.
The owner of a Property used for a Residential Use aggrieved by a denial of a Sign permit application for that Property by the Director may present to the Board of Adjustment a petition, duly verified, requesting a variance from the Section of the Sign Code upon which such denial was based. The petition shall be presented to the Board of Adjustment within thirty (30) days after the filing of the decision of the Director and shall be in compliance with all requirements of Section 405.120.
B.
The Board of Adjustment may grant a variance from the requirements of this Article for Residential Uses with regard to the size, color, location, illumination of, and number of Signs based upon unique architectural treatments or special project conditions; provided that in no instance may any deviation be granted to allow a type of Sign that is expressly prohibited by this Article. In acting upon a request for variance, the Board of Adjustment shall consider only the following criteria:
1.
Purpose And Intent Of Code. Is granting of the variance in compliance with the general purpose and intent of the Sign Code, Zoning Regulations, and Comprehensive Development Plan?
2.
Impacts On Adjacent Property. Will granting of the variance adversely affect neighboring Property Owners, Property, or residents?
3.
Safety. Will granting of the variance adversely affect safety?
4.
Visual Clutter. Will granting of the variance significantly clutter the visual landscape of the area?
5.
Site Constraints. In some situations, topography, landscaping, existing Buildings, or unusual Building designs may substantially block or impair the visibility of the Applicant's existing or proposed Signs from multiple directions. While visibility of a Sign is not to be guaranteed from all directions, does the site provide reasonable visibility of the Sign?
6.
Compatibility. Is the Sign compatible and does the Sign integrate aesthetically with the daytime/nighttime color, lighting, and architecture of the area as a whole?
Section 430.410 Enforcement And Removal Of Signs.
[R.O. 2009 § 485.160; Ord. No. 3638 § 1, 11-21-2016]
A.
Vacated Premises — Abandoned Sign. If a Building or Premises is vacated, any Sign or Sign Structure located thereon other than Flags, Government Signs, and Temporary Signs shall be deemed abandoned and if the Property Owner fails to cover or remove all Signs or Sign Structures in accordance with this Subsection, such shall constitute a nuisance and/or Code violation.
1.
Interior Window/Door Signs And Wall Signs. The Property Owner shall remove all Interior Window/Door Signs and all Wall Signs and restore the Building Facade, windows, or doors to their normal appearance within thirty (30) days of the Building or Premises being vacated.
2.
Pole Signs And Monument Signs.
a.
The Property Owner shall arrange for an opaque surface to cover Sign Faces related to a vacated Building or Premises located on any type of Pole Sign or Monument Sign within thirty (30) days of the Building or Premises being vacated.
b.
The Property Owner shall remove all Sign Faces, lighting fixtures, and Sign Structures related to the vacated Building or Premises and return the footing area to the natural grade within six (6) months of the Building or Premises be vacated.
3.
Scope. For the purposes of this Section, the Property Owner shall include both the tenant of a Sign or Sign Structure and the Property Owner, if different.
B.
Unsafe Signs. Any Sign or Sign Structure deemed by the Director to be a danger to the public under any applicable ordinance or other Statute or otherwise due to its condition shall constitute a nuisance.
C.
Notice Of Nuisance. The City shall cause written notice to be served upon the owner of an abandoned Sign or Sign Structure or the owner of an unsafe Sign or Sign Structure if the owner cannot be located, to the property management agent of the Premises on which such Sign or Sign Structure is located. Such notice shall state, at a minimum:
1.
The violations found.
2.
That the Sign or Sign Structure is deemed to be a public nuisance pursuant to this Article.
3.
What actions will remedy the public nuisance.
4.
That the nuisance shall be abated within thirty (30) days from the date of such notice or other reasonable time as determined by the Director, but not less than ten (10) days.
D.
Notice Process. Notice shall be affected by:
1.
Attaching a copy of same to the nuisance.
2.
Posting a copy of same at the Premises on which the nuisance is situated.
3.
Mailing, by certified mail or certificate of mailing, a copy of the notice to the owner of the Sign at their last known address(es) or if the owner cannot be located, to the property management agent of the Premises on which the Sign is located and to the occupant of the Property at the Property address.
E.
Penalty. Any Property Owner that fails to remedy the nuisance, shall be subject to the general penalty provisions of the Code provided in Section 100.120.
F.
Sign Removal. Notwithstanding any provision in this Code, the City may immediately remove without notice (at the owner's expense when appropriate) any Sign or Sign Structure that is:
1.
An immediate peril to persons or property.
2.
On the public Street or City property without City authorization.
Where a sign or Sign Structure has been removed by the City pursuant to this Subsection, the City shall mail a statement of the cost of removal of said Sign or Signs to the last known address of the owner of record or person in charge of such Property. If such costs are not paid within thirty (30) days from the mailing of such notice, the Director may certify the charges for repair or removal to the City Clerk as a special assessment represented by a special tax bill. The special tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall be a first lien against the Property until paid and shall be prima facie evidence of the recitals thereof and of its validity. No mere clerical error or informality in such lien or in the proceedings leading to its issuance shall be a defense thereto. The certified costs associated with the removal, termination, or abatement of such nuisance shall include all expenses incurred by the City in the removal of the nuisance, including, but not limited to, the actual cost of inspecting the land or Lot, the actual cost of service of notice as provided herein, the actual cost of abatement, attorneys' fees pursuant to Section 100.150, and the actual cost of issuing and recording the tax bill. Such tax bill shall bear interest at the rate of six percent (6%) per annum if not paid within thirty (30) days after issuance.
G.
Void Permit. Any Sign or Sign Structure removed by the City pursuant to this Section 430.410, or removed pursuant to a court order, will automatically void the Sign permit, if any, associated with such Sign or Sign Structure for violation of this Article.
I.
Violation Of Ordinance. Notwithstanding any provision in this Code, the City may proceed, without providing notice, to issue a citation to an owner of a Sign or Sign Structure for any Sign or Sign Structure believed to be in violation of this Article. An owner of a Sign or Sign Structure found to be in violation of any provision in this Article shall be subject to the general penalty provision of this Code provided in Section 100.120.
J.
Equitable Relief. In addition to any other remedies or penalties established for violations of this Article, the Director or City Prosecutor may, on behalf of the City and after approval by the Board, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with this Article. In such action the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the City may be awarded by the court reasonable attorney fees pursuant to Section 100.150 and as allowed by law.
Section 430.420 Purpose.
The purpose of this Article is to define, establish procedures, and provide basic standards for Special Events.
Section 430.430 Special Events Defined.
[R.O. 2009 § 463.020; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
As used in this Article, the following terms shall mean:
A.
SPECIAL EVENT: A temporary use of Property or Structures for one (1) or more of the following types of activities:
2.
Commercial Events. Any commercial event held outside an enclosed permanent Structure with the intent to sell, lease, rent, or promote specific merchandise, services, product lines, or other aspects of a business, including, but not limited to, tent sales, arts and craft sales, trade shows, or product demonstrations; except as provided for in Chapter 425, Article IV, Outdoor Displays, Sales and Storage of Merchandise.
Section 430.440 Exemptions.
[R.O. 2009 § 463.030; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A.
The following events are exempt from the terms and conditions of this Article:
1.
Any Non-Commercial Event that is less than forty-eight (48) hours in duration and in which no mechanical amusement devices, inflatables, or mechanical game equipment are involved, provided that the City has been given advance notification of the event of not less than seven (7) days, including evidence of notification to the Fenton Fire District and St. Louis County Police Department, 5th Precinct.
2.
Any event held by the City.
3.
Any event held within a Public Park, provided that the event complies with all provisions of the City's Municipal Code and any other requirements of the City regulating conduct in the Public Parks and recreation areas and are held under a permit authorized under Code Section 220.170.
5.
Any event held in a Residential Dwelling Unit, including, but not limited to, private gatherings, open houses, weddings, showers, and wakes.
6.
Persons acting pursuant to an order or process of a court of competent jurisdiction.
Section 430.450 Authorization.
[R.O. 2009 § 463.040; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A.
The Director shall issue a permit for any Special Event, as referenced herein, within any Zoning District, unless otherwise provided for within this Article. This permit shall not waive the requirement for any building permit, operating permit, Special Use Permit, tent permit, Food Truck Permit, liquor license, St. Louis County permit, or other permit or license required by law for the proposed activity, facility, or use associated with the Special Event. Additionally, the Director, or, if applicable, the Board may establish any reasonable conditions deemed necessary to ensure compatibility with adjacent Property uses and to minimize potential adverse impacts on adjacent Properties and uses, including, but not limited to:
1.
Event-specific restrictions on the hour(s) and day(s) of the week of the operation at a specific location, duration of the event, size of the activity, or other operational characteristics, including limited duration and the health, safety, and welfare of the community;
2.
Provisions for traffic control or security personnel to ensure the public safety and convenience;
3.
Temporary arrangements for on-site rest room facilities, Off-Street Parking Areas, and traffic circulation;
4.
Requirements for Screening, if applicable, and guarantees for restoration and cleanup following the Special Event. The Director or, if applicable, the Board may establish that said guarantees require the posting of a performance bond to help ensure that the operation of the event and the subsequent restoration are conducted according to required Special Event standards and conditions of approval.
Section 430.460 Standards For Special Event Permits.
[R.O. 2009 § 463.050; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A.
Except as provided in Section 430.470(A), the Director shall issue a permit, as provided herein, when, after consideration of the application and other information as may otherwise be required, he/she finds that:
1.
Land-Use Compatibility. Any Special Event, as defined in this Article, shall be conducted wholly on private property. The Special Event will be consistent with the intent of this Article and will not impair the normal, safe, and effective operation of a permanent use on the same Lot nor endanger or be detrimental to the public health, safety, or welfare or injurious to any adjacent property.
2.
Hours Of Operation. The hours of operation of a Special Event, including setup and take down, shall be limited between the hours of 7:00 A.M. and 10:00 P.M. Sunday through Thursday and 7:00 A.M. to 11:00 P.M. Friday and Saturday.
3.
Duration. The duration of Special Event will not exceed ten (10) consecutive days.
4.
Frequency. The maximum frequency of a Special Event at the same address shall be four (4) times per calendar year. Although different types of Special Events may be concurrent and treated as one (1) event as reasonably determined by the Director. There must be a minimum of at least thirty (30) days between each event held at the same address. Multiple event types can be combined and issued under one (1) permit.
5.
Traffic Circulation. The Special Event will not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent Streets, Intersections, parking, and traffic controls.
6.
Off-Street Parking. Off-Street Parking Areas will be provided to meet the needs of the Special Event and the event will not create a parking shortage for any other use. All Off-Street Parking Areas used for the Special Event shall be constructed of concrete or Asphalt unless an acceptable alternative is approved by the Director. Grass or lawn surfaces will not be accepted as a parking surface.
7.
Off-Street Parking Area Dedicated To Outdoor Special Events. No Drive Aisles may be utilized within the Special Event area unless such Drive Aisles are directly adjacent to the approved Special Event area, are not required for emergency access, and are not deemed necessary by the Director to provide proper circulation through the Lot.
8.
Public Safety, Conveniences, And Litter Control. Where applicable, adequate on-site rest room facilities and solid waste containers have been provided. The Applicant shall calculate the demand for such facilities and specify how the need will be addressed.
9.
Appearances And Nuisances. The Special Event shall not generate excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. Exterior illumination shall not be greater than one (1.0) footcandle at any Lot Line adjoining a Non-Residential District or greater than one-tenth (0.1) at any Lot Line adjoining a Residential District or Lot with a Residential Use.
10.
Site Location. No portion of the Special Event shall be located within twenty-five (25) feet of a public Street or fifteen (15) feet of any Side or Rear Lot Line adjoining a Non-Residential District or within twenty-five (25) feet of any side or fifty (50) feet of any Rear Lot Line adjoining a Residential District or Lot with a Residential Use.
11.
Insurance Coverage. Proof of general liability insurance coverage, in an amount required by the Director based on the size and characteristics of the Special Event, shall be provided to the Director.
13.
Compliance With Other Regulations. The Special Event shall comply with all applicable city, county, state, and federal health, safety, environmental, and other applicable requirements.
Section 430.470 Additional Requirements.
[R.O. 2009 § 463.0610; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A.
City Services Or City-Owned Property.
1.
If the Applicant requests the City to provide extraordinary services or equipment or if the Director otherwise determines that extraordinary services (including, but not limited to, traffic control or security personnel) or equipment are required to protect the public health, safety, or general welfare, the Special Event permit application shall be submitted to the Board for consideration. If the Board approves the requested permit with City provided services or equipment, the Applicant shall be required to reimburse the City for the cost of those services or equipment, if any. The Board may require the Applicant to submit a security deposit or other form of surety, in an amount and form approved by the City Attorney, prior to the event to guarantee that the City will be reimbursed for the cost of such extraordinary services.
2.
If the Applicant requests, or seeks to use, City-owned property for the Special Event, including use of City Streets if not expressly exempt by this Article, the Special Event permit application shall be submitted to the Board for consideration. As a condition of approval for a Special Event on such City-owned property, the Applicant shall at minimum be required to obtain insurance at the then current sovereign immunity limits and name the City as an additional insured on such policies and execute an indemnification and waiver of liability agreement. In approving such Special Event permit, the Board may impose additional conditions to protect the public health, safety, or general welfare.
B.
Restoration Of Site. Within forty-eight (48) hours of cessation of the Special Event, the Lot shall be returned to its previous condition (including the removal of any temporary Structure, all litter, Signs, attention-attracting devices, or other evidence of the Special Event and return all ground cover that may have been disturbed or, in the alternative, measures to control erosion).
C.
Permit To Be Displayed Or Made Available. The Applicant shall post or otherwise display a valid Special Event permit on the site at all times during the duration of the event.
Section 430.480 Application Requirements.
[R.O. 2009 § 463.070; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
A.
Any person seeking the issuance of a Special Events permit as herein required shall file an application with the Director, on forms prescribed for this purpose by the Director, not less than thirty (30) days before the date on which it is proposed to conduct the Special Event. The application shall set forth the following information:
1.
Name, address, and telephone number of the person or organization seeking to conduct the Special Event. If the Special Event is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible leaders of such organization.
2.
Description of the nature or type of Special Event to be conducted.
3.
The address/location and date(s) and time(s) of the Special Event.
4.
Number of people expected to attend the event.
5.
The name, address, and telephone number of the persons who will be the Special Event chairperson or managing officer and who will be responsible for its conduct.
6.
Three (3) copies of a Site Plan showing the layout of the Special Event, such as where interactive inflatable equipment, games, Food Trucks, food tables, tents, etc., will be placed on the Property.
7.
If inflatables are used, they shall not exceed twenty-five (25) feet in height, measured from the ground, and shall not be allowed on the rooftop of Structures. In addition, the following information must be provided:
8.
If the Special Event is to be held by, on behalf of, or for any person or persons other than the property owner, the Applicant for such permit shall file with the Director a communication, in writing, from the property owner authorizing the Applicant to hold the Special Event.
9.
Any additional information that the Director shall find reasonably necessary to determine whether a permit should be issued.
Section 430.490 Notice To Other Officials.
[R.O. 2009 § 463.080; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
Prior to the issuance of a Special Event permit, the Director shall send a copy of the application to the City Administrator, Public Works Director, Fenton Fire Protection, St. Louis County Police Department, 5th Precinct, and any other entity deemed appropriate by the Director.
Section 430.500 Prohibition Of Transfer Of Permits.
[R.O. 2009 § 463.090; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
No Special Event permit issued under the provisions of this Article shall be assigned or transferred to any other person or business or transferred to another location.
Section 430.510 No Vested Right Created; Revocation Of Permit.
[R.O. 2009 § 463.100; Ord. No. 3918, 4-25-2019; Ord. No. 4353, 7-27-2023]
Because the intention of this Article is to allow for the temporary use of Property under specific controlled conditions, the City' s issuance of a Special Event permit is not intended to, and expressly does not, create a vested property right in any use of Property allowed by the City' s grant of a Special Event permit nor does it create a right or expectation in the property owner to the City' s issuance of a subsequent Special Event permit for the same Special Event. The Board may, at its sole discretion based upon the health, safety, and welfare of the residents of the City and the community as a whole, revoke an existing Special Event permit for violation of its terms or other exigent circumstances, or decline issuance of further Special Event permits. The Director shall have the authority to stop or otherwise halt the conduct of any Special Event that is at any time presenting a threat to the health, safety, or welfare of the inhabitants of the City.
Section 430.520 Single-Family Dwellings Used As A Group Home Or Foster Home.
[R.O. 2009 § 457.010; Ord. No. 3549 § 4, 10-22-2015]
A.
Purpose. It is necessary and desirable to ensure suitable sites for Group Homes and Foster Homes in Residential Districts, provided that, in furtherance of the goal of deinstitutionalization, Group Homes and Foster Homes are integrated fully into the community in which they seek to locate, seamlessly adhering to the character and aesthetics of the neighborhood. Additionally, Group Homes should not be unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be fully assimilated into the community.
B.
Regulations.
1.
Group Homes. In order to promote deinstitutionalization and dispersal of Group Homes, no Group Home may be located:
a.
Within five hundred (500) feet of another Group Home, measured by the straight-line distance between the nearest points of the exterior walls (exclusive of overhangs) of the Buildings within which the relevant facilities or uses are located; or
b.
Adjoining any Lot upon which another Group Home already exists.
To achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of Group Homes must register the facility with the Community Development Department on forms prescribed for this purpose by the Director. Owners and operators of Group Homes must also notify the Community Development Department of any change of use, transfer, or termination of a Group Home use and revise the facility registration as appropriate. No fees will be associated with the registration.
2.
Foster Homes and Group Homes. For any Single-Family Dwelling used as a Foster Home or Group Home, the exterior appearance of the home and real property shall be in keeping with the character of the other Single-Family Dwellings in the immediate neighborhood and shall comply with applicable Building Code occupancy limits, Sign regulations under Chapter 430, Article IV, and other standards applicable to Single-Family Dwellings shall apply.
Section 430.530 General Regulations And Purpose.
[R.O. 2009 § 470.010; Ord. No. 4052, 6-25-2020[1]]
A.
Every use, activity, process, or operation located or occurring in the City shall comply with the environmental performance standards prescribed in this Article.
1.
Every use, activity, or Structure permitted shall comply with the provisions of the City's and other governmental regulating bodies' environmental and safety hazard ordinances, laws, or acts which pertain to noise and vibration, smoke, odorous matter, toxic matter, radioactive materials, fire, explosives, humidity, heat, glare, and other offensive and/or safety hazards.
2.
It is the intent of this Article to minimize or eliminate activities which may potentially create conditions that are offensive and/or hazardous. All activities shall be in compliance with all City, St. Louis County, state, and federal environmental laws, statutes, and regulations.
3.
Each Applicant is responsible for informing the City of all environmental laws and regulations that are applicable to the particular site and obtaining all appropriate permits before a building permit is issued and construction begins.
Section 430.540 Administration And Enforcement.
[R.O. 2009 § 470.020; Ord. No. 4052, 6-25-2020]
A.
Whenever, in the opinion of the Director, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he/she is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
B.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Section 445.020 of the Zoning Code.
C.
If a complaint is received regarding an alleged violation of any of the provisions of this Article and the Director does not believe that there is a reasonable probability that such a violation actually exists, the Director may, as a condition precedent to further investigation, require that the complainant agree to pay all costs in accordance with the terms of this Section and post an escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a qualified technician or technicians to perform such investigation and analyses as may be necessary to determine whether or not such violation exists. Nothing in this Section shall require the Director to conduct such investigation regardless of willingness of complainant to post such escrow.
1.
In the event that the complaint is substantiated, the escrow deposit shall be refunded to the depositor and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.
2.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation. In the alternative, if the deposit does not cover all of the costs of the investigation, the complainant shall provide the City additional payment to cover all such costs.
Section 430.550 Performance Standards.
[R.O. 2009 § 470.030; Ord. No. 4052, 6-25-2020]
A.
Vibrations. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any Lot Line of the Lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711, St. Louis County Revised Ordinances (SLCRO), as amended, may exceed these limitations.
B.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Chapter 625, SLCRO, as amended.
C.
Odors. Every use and property shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Chapter 612, SLCRO, as amended.
D.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612, SLCRO, as amended.
E.
Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceeds the emission levels of the Air Pollution Code, Chapter 612, SLCRO, as amended.
F.
Emission of dirt, dust, fly, ash, and other forms of particulate matter. The emission of dirt, dust, fly ash, and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Chapter 612, SLCRO, as amended.
G.
Radiation. Every use shall be so operated that there is no dangerous amounts of radioactive emissions.
H.
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.
I.
Site Drainage.
1.
Each Lot's storm water drainage system shall be allowed to flow unrestricted and runoff water shall not be allowed to make contact with potential sources of contamination related to a developer's or property owner's operations. Construction and grading activities shall require drainage and erosion control which will be implemented prior to construction and exposed soil shall be replanted at the earliest possible date after the completion of such grading.
2.
All erosion and siltation control devices shall be regularly inspected and maintained during development and be in accordance with all applicable federal, state, and local regulations and guidelines. Where fill is necessary to attain the approved finished grade of any Lot, the fill shall be free of waste materials and shall not contain noxious materials that will give off odors of any kind.
3.
Where applicable, storm water diversion will be allowed only if a National Pollution Discharge Elimination System (NPDES) permit is granted by the Missouri DNR.
J.
Site Hazards. Any operation shall be carried on with reasonable precautions against fire and explosion hazards. All areas inside and outside of a Building or Structure shall conform to all current National Fire Protection Association (NFPA) fire and safety codes. Only minimum quantities of materials including raw materials, reagents, products, by-products, and wastes will be stored on-site. Storage, handling, and use of hazardous and/or explosive materials shall be in accordance with Missouri DNR and U.S. Environmental Protection Agency rules and regulations, if applicable.
K.
Building Materials And Disposal. No building materials which will create an exposure hazard to occupants of a facility in excess of Occupational Safety and Health Agency (OSHA) standards will be allowed. All waste and construction materials are to be collected and properly disposed. No waste construction materials are to be incorporated into the fill of a Lot within the limits of the City.
L.
Violations And Accidental Spills. All environmental violations including accidental spills are to be reported immediately upon detection to the appropriate agency. Each property owner is responsible for the cleanup and shall copy the City on all correspondence sent or received which relate to the violation/spill including cleanup. Cleanup plans are subject to review and approval by the City prior to implementation in addition to any other appropriate agencies review.
M.
Lighting. All illumination Structures, except for approved streetlights, shall be so arranged as not to cast light directly from any source of illumination on any Street or on adjacent Lots in a Residential District or Lots with a Residential Use.
N.
Utility Regulations. Unless otherwise provided in Chapter 510, Excavations and Public Rights-of-Way Management, all new utilities must be placed underground in an aesthetic and safe manner. These utilities, would include, but are in no way limited to, fiber optics, electric, telephone, cable, natural gas, sewer, and water.
Section 430.560 Purpose.
[R.O. 2009 § 491.010; Ord. No. 3883, 12-20-2018[1]]
A.
Statement Of Purpose. The general purpose of this Article is to regulate the placement, construction, and modification of telecommunications Wireless Communications Facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, this Article is intended to:
1.
Provide for the appropriate location and development of Wireless Communications Facilities and systems to serve the citizens and businesses of the City;
2.
Minimize adverse visual impacts of Wireless Communications Facilities through careful design, siting, landscape Screening, and innovative camouflaging techniques that provide predictability for nearby Property owners and others that future uses will not materially alter such approved aesthetic protections without zoning hearing procedures and input from interested parties when not prohibited by applicable law;
3.
Ensure that any new Wireless Communications Facilities are located in an area compatible with the neighborhood or surrounding community to the extent possible; and
4.
Ensure that regulation of Wireless Communications Facilities does not have the effect of prohibiting the provision of personal wireless services, does not unreasonably discriminate among functionally equivalent providers of such service, and promotes the provision and availability of communication services within the City.
Section 430.570 Definitions.
[R.O. 2009 § 491.020; Ord. No. 3883, 12-20-2018]
As used in this Article, the following terms shall mean:
Ground level shall be determined by the average elevation of the natural ground level within a radius of fifty (50) feet from the center location of measurement.
Any device that transmits and/or receives wireless radio waves for voice, data, or video communications purposes, including, but not limited to, television, AM/FM radio, texts, microwave, cellular telephone, and similar forms of communications. The term shall exclude satellite earth station antenna less than two (2) meters in diameter [mounted within twelve (12) feet of the ground or building-mounted] and any receive-only home television antenna.
A structure for the protection and security of communications equipment associated with one (1) or more Antenna where direct access to equipment is provided from the exterior and that has horizontal dimensions that do not exceed four (4) feet by six (6) feet and vertical Height that does not exceed six (6) feet.
Any free-standing, man-made structure designed for the support of Antenna, the presence of which is camouflaged or concealed as an appropriately placed and designed architectural or natural feature. Depending on the location and type of disguise used, such concealment may require placement underground of the utilities leading to the Structure. Such Structures may include but are not limited to clock towers, campaniles, observation towers, light standards, Flag poles, and artificial trees. For purposes of this definition, a Structure "camouflaged or concealed as an appropriately placed and designed architectural or natural feature" shall mean:
It is consistent with and contributes to and does not detract from the character and property values and use of the area and neighborhood in which it is located;
It does not contain distorted proportions, size, or other features not typically found on the type of Structure or feature to which it is designed to replicate;
It cannot be identified as a Support Structure by persons with reasonable sensibilities and knowledge;
Its equipment, Accessory Buildings or Structures, or other aspects or attachments relating to the Disguised Support Structure are wholly concealed using a manner consistent with and typically associated with the architectural or natural Structure or feature being replicated; and
It is of a Height, design, and type that would ordinarily occur at the location and neighborhood selected.
Any Structure capable of supporting Wireless Communications Facilities (other than a Support Structure) in full conformance with the design and other requirements of this Article and is: (1) existing prior to the date of all applicable permit applications seeking City authorization for installation of such Facilities thereon; and (2) not built or installed in anticipation of such specific installation or erected to evade approvals applicable to a non-existing Structure.
The Federal Aviation Administration.
A Fast-Track Small Wireless Facility, or Fast-Track, shall mean a Small Wireless Facility that meets the following requirements for an Antenna and associated equipment:
No more than seven cubic feet (7 ft.3) in volume (comprised of no more than twenty-seven square feet (27 ft2) of exterior surface area, excluding the surface width equal to the width of the Existing Structure or Utility Pole to which it is mounted, on an imaginary enclosure around the perimeter thereof, excluding cable or cable conduit of four (4) inches or less). Volume shall be the measure of the exterior displacement of the Antenna and associated equipment;
Located on an Existing Structure or Utility Pole, or concealed within or on a replacement Utility Pole if the appearance is not materially altered;
Not exceeding six (6) feet above the top of an Existing Structure or Utility Pole for a total Height not exceeding forty-five (45) feet (nor taller than more than six (6) feet above the average of similar poles within three hundred (300) feet).
The Federal Communications Commission.
The vertical distance measured from the average grade of the base of the Structure at ground level to its highest point and including the main structure and all attachments thereto.
Any use authorized herein that exists in addition to the Principal Use of the Property.
A Tower or Disguised Support Structure that is a complete one-for-one replacement of an Existing Structure, located on a parcel in conjunction with the removal of an Existing Structure. For purposes of this definition, a "Replacement Support Structure" must comply with all applicable FCC regulations regarding replacement and aesthetics, and in no circumstances shall a proposed installation qualify as a "Replacement Support Structure" if such replacement would result in a "substantial change" in accordance with 47 C.F.R. § 1.6100(6)(7).
[Ord. No. 4378, 10-26-2023]
A Building for the protection and security of communications equipment associated with one (1) or more Antenna and where access to equipment is gained from the interior of the Building. Human occupancy for office or other uses or the Storage of other materials and equipment not in direct support of the connected Antenna is prohibited.
An Antenna and associated equipment that meets the following:
An Antenna of no more than six cubic feet (6 ft.3) in volume; and
All other associated equipment, to the extent permitted by applicable law to be calculated, of cumulatively no more than twenty-eight cubic feet (28 ft.3) in volume; provided that no single piece of equipment on the Utility Pole shall exceed nine cubic feet (9 ft.3) in volume, and no single piece of ground mounted equipment shall exceed fifteen cubic feet (15 ft.3) in volume.
A Tower or Disguised Support Structure.
A Structure designed for the support of one (1) or more Antenna and including guyed towers, self-supporting (lattice) towers, or monopoles, but not Disguised Support Structures, Utility Poles, or Buildings. The term shall also not include any Support Structure that includes attachments of sixty-five (65) feet or less in Height owned and operated solely for use by an amateur radio operator licensed by the FCC.
A pole or similar Structure that is or may be used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, which may also support a Small Wireless Facility or Fast-Track.
Any Antenna, Small Wireless Facility, Fast-Track, Cabinet, Shelter, Support Structure, and associated equipment.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 430.580 Application Procedures; Timing.
[R.O. 2009 § 491.030; Ord. No. 3883, 12-20-2018]
A.
Applications. Applications for Permitted Uses, administrative uses, or Uses Permitted by Special Permit pursuant to this Article shall be subject to the supplementary procedures in this Article. Applications shall be submitted to the City as a complete application on forms prescribed for this purpose by the Director. A "complete application" shall be an application submitted on the prescribed form, fully executed by the Applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs and in accordance with applicable law, and information as required thereon or by the Director, consistent with this Article. Applications shall be accompanied by a building permit application and other applicable forms.
B.
Proof Of Owner Consent. Applications for Permitted Uses, administrative uses, or Uses Permitted by Special Permit pursuant to this Article shall be required to provide proof of owner consent, which shall minimally include:
1.
Written consent to pursue the application by all fee simple owners of the underlying real estate (or where located in a Street, the Street owner thereof), including when the proposed location is also in a utility easement; and
2.
Written consent to pursue the application of the owner of the Structure on which such Wireless Communication Facility is to be placed, if different than Applicant.
C.
Timing. Applications shall be decided upon within a reasonable time, subject further to state or federal specific additional time requirements as may apply to the particular application.
Section 430.590 General Requirements; Administration.
[R.O. 2009 § 491.040; Ord. No. 3883, 12-20-2018]
A.
Applicability. The requirements set forth in this Article shall be applicable to all Wireless Communications Facilities within the City installed, built, or modified after December 20, 2018, to the full extent permitted by law. Such zoning review and approvals required in this Article shall be in addition to any other generally applicable permitting requirement, including applicable building or excavation or other right-of-way permits, as defined and required by Chapter 510.
1.
Principal Or Incidental Use. Towers may be either a Principal or Incidental Use in all Non-Residential Districts, subject to any applicable requirement relating to Yard or Setback. An Incidental Use subject to a leasehold interest of a person other than the Lot owner may be approved for a Tower only if the leasehold area separately meets all requirements for a separate subdivided Lot, including dedicated access, Parking, Setbacks, and Lot Area, applicable to a Principal Use in the Zoning District in which the use is proposed. No other Zoning District shall allow Towers unless required by law. All other wireless facilities other than Towers, may be a Principal or Incidental Use in all Zoning Districts subject to the requirements herein.
2.
Building Codes, Safety Standards, And Zoning Compliance. Wireless Communications Facilities shall be constructed and maintained in compliance with all standards contained in applicable state and local Building Codes. A certified engineer's structural report shall be required for all applications to construct a new or modify, or any way alter, a Support Structure, Utility Pole, or Antenna, including Small Wireless Facility and Fast-Track, unless waived upon application to the Director stating why such report is unnecessary to the specific application and a determination in the discretion of the Director approving such statement that such analysis would not further the purposes of this Section. In addition to any other approvals required by this Article, no Wireless Communications Facility or portion thereof shall be erected, replaced, or expanded prior to receipt of a Certificate of Zoning Compliance, unless otherwise required by law, and the issuance of a Building Permit. For sites within Streets:
a.
The most restrictive adjacent underlying Zoning District classification shall apply unless otherwise specifically zoned and designated on the Official Zone District Map;
b.
Wireless Communications Facilities shall be installed and maintained as not to obstruct or hinder the usual travel or public safety on the Street or obstruct the legal use of such Street by authorities or authorized users; and
3.
Regulatory Compliance. All Wireless Communications Facilities shall meet or exceed current standards and regulations of the FAA, FCC, and any other local, state, or federal agency with the authority to regulate Wireless Communications Facilities, and including all required licenses, permits, and taxes applicable to such Structure and/or modification. Should such standards or regulations be amended, then the owner shall bring such Wireless Communication Facilities into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction, or modification of any Wireless Communications Facilities permitted by this Article shall be granted for any Applicant having an uncured violation of this Article, of any zoning regulation regarding the Lot on which the structure is proposed, or of any other governmental regulatory, licensing, or tax requirement applicable to such Wireless Communications Facilities within the City unless preempted by applicable law. Modifications under 47 U.S.C. § 1455(a) shall be approved without regard to zoning regulations regarding the Lot on which the modification is proposed.
4.
Security. All Wireless Communications Facilities shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build, alter, or modify Wireless Communications Facilities. Additional measures may be required as a condition of the issuance of a building permit as deemed necessary by the Director or by the Board in the case of a Special Use Permit.
5.
Lighting. Antenna, Small Wireless Facilities, Fast-Track, and Support Structures shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build, alter, or modify the Antenna, Small Wireless Facilities, Fast-Track, or Support Structure. Lighting may also be approved as a consistent component of a Disguised Support Structure. Equipment Cabinets and Shelters may have lighting only as approved by the Director or Board in the case of a Special Use Permit.
6.
Signs. Except for a Disguised Support Structure in the form of an otherwise lawfully permitted Sign, the placement of advertising on Wireless Communications Facilities is prohibited other than identification Signs of not greater than one (1) square foot on ground equipment or required safety signage.
7.
Design.
a.
Color. Subject to the requirements of the FAA or any applicable state or federal agency, Wireless Communications Facilities and attachments shall be painted a neutral color consistent with the natural or built environment of the site or an alternative painting scheme approved by the Director, or the Board in the case of Special Use Permits, consistent with the requirements of this Article. Unpainted galvanized steel Support Structures are not permitted.
b.
Ground Equipment. When authorized, equipment Shelters or Cabinets shall have an exterior finish reasonably compatible with the natural or built environment of the site and shall also comply with any design guidelines as may be applicable to the particular Zoning District in which the facility is located unless not feasible. All equipment shall be either placed underground, contained in a single Shelter or Cabinet, or wholly concealed within a Building or approved walled compound.
c.
Antenna Design. Antennas attached to a Disguised Support Structure shall be contained within the Disguised Support Structure or within or mounted flush on the surface of the Disguised Support Structure so as not to defeat or materially, detrimentally alter the disguised design. Antennas attached to a Tower shall be contained within the Tower or mounted flush on the surface of the Tower to which they are mounted. All Antennas attached to an existing Building, Utility Pole, or Structure shall be of a color matching the surface to which they are mounted. Antennas on the rooftop or attached to a Building shall be Screened or constructed and/or colored to match the Structure to which they are attached. All Antennas shall be designed to be disguised and maximally concealed on or within the Support Structure or other Structure. Exposed Antennas on crow's nest or other visible platforms or extensions are prohibited.
d.
Height. Support Structures and Antenna shall be no taller than necessary and shall not exceed the Height limitation of any airport overlay zone as may be adopted by the City or other regulatory agency. Support Structures may exceed underlying Zoning District Height restrictions for Buildings and Structures only where shown to be necessary, provided that no reasonable and feasible alternative exists. To the extent permitted by applicable law, Zoning District Height restrictions shall be considered by the City in determining the appropriateness of the design and location of the application under the applicable standards for approval. No Support Structure shall be approved at a Height exceeding one hundred twenty (120) feet AGL unless the Applicant clearly demonstrates that such Height is required for the proper function of the Applicant's system.
e.
Monopole Design. All Towers shall be of a monopole design. Lattice, guyed Towers, or other non-monopole Tower designs shall not be permitted.
f.
Compound Walls/Landscaping. All Towers shall be surrounded by a minimum of a six-foot high decorative wall constructed of brick, stone, or comparable masonry materials and a landscape strip of not less than ten (10) feet in width and planted with materials, which will provide a visual barrier to a minimum Height of six (6) feet. The landscape strip shall be exterior to any security wall. In lieu of the required wall and landscape strip, an alternative means of Screening may be approved by the Director, or by the Board in the case of a Special Use Permit, upon demonstration by the Applicant that an equivalent degree of visual Screening will be achieved. Landscaping or other improvements may be required for Disguised Support Structures if needed to implement an approved disguise.
g.
Setbacks. All Support Structures, including any portions of any Wireless Communications Facilities thereon and associated Structures, Fences, and walls (except for Parking associated with the Wireless Communications Facility) shall be separated from any sidewalk or Street, Alley, Parking Area, playground, or other Building, and from the Lot Line of any adjacent Lot at least a horizontal distance equal to the Height of the Support Structure, including any portions of any Wireless Communications Facilities thereon. In addition, a Tower must be located more than seventy-five (75) feet from any Residential Dwelling Unit and at least one hundred (100) feet from any trail, park, or outdoor recreation area, and no Tower that is readily visible from off-site shall be installed closer than one-half (1/2) mile from another readily visible Tower unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable.
h.
Storage. Vehicle or outdoor Storage on any Wireless Communications Facilities' site is prohibited, unless otherwise permitted by the Zoning District.
i.
Parking. On-street Parking for periodic maintenance and service shall be provided at all Support Structure locations consistent with the underlying Zoning District and the type of Support Structure approval granted.
j.
Decorative Poles. In Zoning Districts where there are Utility Poles which were specifically designed for their aesthetic nature and compatibility with the built environment of that Zoning District, as determined by the Director, such Utility Poles shall be deemed to be decorative Utility Poles. Such decorative Utility Poles, when authorized to be replaced by an Applicant for Wireless Communications Facilities pursuant to applicable law and in compliance with this Article and Code, shall only be replaced with a substantially similar decorative Utility Pole which matches the aesthetics and decorative elements of the original decorative Utility Pole being replaced. Such replacement expenses shall be borne wholly by the Applicant seeking to place Wireless Communications Facilities on such decorative Utility Pole.
8.
Public Property. Wireless Communications Facilities located on Property owned, leased, or otherwise controlled by the City shall be subject to the requirements of this Article. A license or lease with the City authorizing the location of such Wireless Communications Facilities shall be required for each site.
9.
As-Built Plans. Within sixty (60) days of completion of the initial construction and any additional construction or modification, two (2) complete sets of plans drawn to scale and certified as accurately depicting the location of all Wireless Communications Facilities constructed shall be furnished to the City.
10.
Historic Preservation; Thirty-Day Hearing Period. To the extent permitted by law, approval shall not be issued for any Wireless Communications Facility that the Director or Board determines would create a significant negative visual impact or otherwise have a significant negative impact on the historical character and quality of any property within a Historic Preservation District or such District as a whole. For co-location of any certified historic Structure as defined in Section 253.545 RSMo., in addition to all other applicable time requirements, there shall be a thirty-day time period before approval of an application during which one (1) or more Public Hearings on co-location to a certified historic Structure are held. The City may require reasonable, technically feasible, and technological neutral design and concealment measures as a condition of approval of a Wireless Communications Facility within a historic district or on a certified historic Structure.
B.
Administration. The Director shall have the authority to establish forms and procedures consistent with this Article and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.
Section 430.600 Permitted Use.
[R.O. 2009 § 491.050; Ord. No. 3883, 12-20-2018]
A.
Permitted Use. The placement of Wireless Communications Facilities fully conforming with the General Requirements in this Article are Permitted Uses in all Zoning Districts only as follows:
1.
Co-Locations On Existing Support Structures. The attachment of additional or replacement Antenna, including Small Wireless Facilities and Fast-Track, and associated equipment to any existing Support Structure or Utility Pole or as otherwise authorized by state or federal law where local zoning is preempted, provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 430.590.
2.
Antenna On High-Voltage Towers. The mounting of Antenna on or within any existing high-voltage electric transmission Tower, but not exceeding the Height of such Tower by more than ten (10) feet, provided that all requirements of this Article and the underlying zoning ordinance are met, except minimum Setbacks provided in this Article shall not apply.
3.
Antenna On Existing Buildings/Structures. In all Zoning Districts, except not on Single-Family or Two-Family Dwellings, the mounting of Antenna on any existing and conforming Building or Structure (other than a Support Structure or Utility Pole) provided that the presence of the Antenna and equipment is concealed by architectural elements or fully camouflaged or concealed by painting a color identical to the surface to which they are attached, and further provided that all requirements of this Article and the underlying zoning ordinance are met.
4.
Co-Location Of Small Wireless Facilities On Utility Poles. New, replacement, or modified Utility Poles, at Heights below the Height limitations outlined in this Article, and co-location of Small Wireless Facilities on the same shall be a permitted use in all districts except single-family residential and historic districts provided the proposed installation does not:
a.
Materially interfere with the safe operation of traffic and control equipment or City-owned communications equipment;
b.
Materially interfere with compliance with the American Disabilities Act, or similar federal or state standards regarding pedestrian access or movement;
c.
Materially obstruct or hinder the usual travel or public safety on the Streets;
d.
Materially obstruct the legal use of the Streets or easement rights of the City, utility, or other third-party;
e.
Fail to comply with the spacing requirements within Section 510.050(D)(1) of the Municipal Code;
f.
Fail to comply with applicable national safety codes, including recognized engineering standards for Utility Poles or Support Structures;
g.
Fail to comply with the decorative pole replacement requirements herein;
h.
Fail to comply with undergrounding requirements within Section 510.050(D)(1) of the Municipal Code; or
i.
Interfere or impair the operation of existing utility facilities, or City or third-party attachments.
New, replacement, or modification of Utility Poles under the following circumstances shall not be considered a Permitted Use under this Section:
5.
Replacement Support Structures. The construction of a Replacement Support Structure provided that building permit requirements, national safety codes, and other applicable codes including recognized accepted industry standards for structural, safety, capacity, reliability, and engineering are satisfied, including specifically the requirement to submit a certified structural engineering report as provided in Section 430.590.
[Ord. No. 4378, 10-26-2023]
B.
Application Procedure. Application for a Permitted Use under this Section shall require submission of an application on a form provided by the City with proof of owner consent as required by Section 430.580 and an application fee of one hundred dollars ($100.00) per Small Wireless Facility and an application fee of five hundred dollars ($500.00) for the installation, modification, or replacement of a Utility Pole and co-location of a Small Wireless Facility thereon, or other Permitted Use under this Section as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by applicable law. If the Applicant is not a Wireless Services Provider, as defined by Section 67.5111, RSMo., then the Applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the Director that the proposed site(s) will become operational and used by such Wireless Services Provider within one (1) year of the permit's issuance date. For any application for a Small Wireless Facility, the Applicant shall provide an attestation that the proposed Small Wireless Facility complies with the volumetric limitations as required to meet the definition of a Small Wireless Facility in accordance with this Article and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the General Requirements of this Article. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application. The Director shall issue a decision on the application for a Permitted Use within the timeframe permitted by applicable law. A decision to deny an application shall be made, in writing, and state the specific reasons for the denial.
Section 430.610 Administrative Approval.
[R.O. 2009 § 491.060; Ord. No. 3883, 12-20-2018]
A.
Administrative Approval. The placement of Wireless Communications Facilities fully conforming with the General Requirements in this Article are permitted in all Zoning Districts by Administrative Permit approved by the Director only as follows:
1.
Disguised Support Structures. The construction of a Disguised Support Structure, provided that all related equipment shall be placed underground or concealed within the Structure. Equipment may be placed in an appropriately concealed Cabinet if the Disguised Support Structure is incidental to a Non-Residential Use and fits with the natural built environment or the Disguised Support Structure. Any Disguised Support Structure shall have as a condition of approval, unless expressly exempted in the approval, an obligation and corresponding covenant recorded on the Property that runs with the land to the benefit of the City on behalf of the public, prohibiting modifications to the Disguised Support Structure that defeat or are detrimental to the disguise, unless such proposed modification is approved by a duly authorized zoning approval, including public hearing. If the Applicant does not wish to have such a covenant, the application shall not qualify for Administrative Permit approval, unless another mechanism is proposed and approved to ensure that the disguise is not subsequently defeated or detrimentally altered. A Disguised Support Structure proposed to be located within a Street may be exempted from the General Requirements of this Article relating to Parking, access, and Setbacks, unless determined by the Director as applicable to the specific location for safety reasons or other applicable reasons.
2.
Fast-Track Small Wireless Facilities. An application for a Fast-Track Small Wireless Facility may be approved administratively by the Director, subject to meeting the following requirements:
a.
General Requirements. The following requirements shall generally apply to all Fast-Track Small Wireless Facilities located within the City:
(1)
The Fast-Track shall substantially match any current aesthetic or ornamental elements of the Existing Structure or Utility Pole, or otherwise be designed to maximally blend into the built environment, with attention to the current uses within the Zoning District at the proposed site;
(2)
Any portion above the Existing Structure or Utility Pole shall be concealed and of the same dimensions and appearance so as to appear to be a natural extension of the Existing Structure or Utility Pole in lieu of an enclosure or concealment;
(3)
The Fast-Track equipment shall not emit noise audible from the Lot Line of any Residential District or Lot with a Residential Use; and
(4)
Location, placement, and orientation of the Fast-Track shall, to the extent feasible, minimize the obstruction to, or visibility from, the closest adjacent Lots unless otherwise required by the City for safety reasons.
b.
Additional Requirements When Sited Near Pedestrian And Vehicle Ways. When a Fast-Track is proposed to be located on an Existing Structure or Utility Pole on or adjacent to Streets, sidewalks, or other pedestrian or vehicle ways:
c.
Waiver For Good Cause Shown. Additionally, the Director may for good cause shown increase one (1) or more of the maximum volumetric specifications from the definition of a Fast-Track by up to fifty percent (50%) if the Applicant demonstrates that it:
(1)
Does not in any location nationally use equipment capable of meeting the specifications and the purpose of the equipment; and
(2)
Cannot feasibly meet the requirements as defined and described.
The Board may further waive one (1) or more of the requirements found in the definition of Fast-Track, or from: (a) General Requirements; or (b) Additional Requirements When Sited Near Pedestrian or Vehicle Ways of this Subdivision, upon good cause shown by the Applicant, and provided a showing that the waiver is the minimum necessary to accomplish the purposes of this Article. The burden of proof for any waiver shall be wholly on the Applicant and must be shown by clear and convincing evidence.
B.
Application Procedures. Applications for Administrative Permits shall be made on the appropriate forms prescribed for this purpose by the Director and consistent with the requirements of this Article. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.
1.
General Application Requirements. Applicant shall submit along with its completed application form:
a.
An application fee of one hundred dollars ($100.00) per Fast-Track and an application fee of not more than five hundred dollars ($500.00) for an application for a Disguised Support Structure and co-location of a Small Wireless Facility thereon as required to partly cover the City's actual costs, and not to exceed such amounts as may be limited by law; any amount not used by the City shall be refunded to the Applicant upon written request after a final decision;
b.
A detailed Site Plan, based on a closed boundary survey of the host Lot, shall be submitted indicating the exact location of the facility, all dimensions and orientations of the facility and associated equipment, in addition to all existing and proposed improvements including Buildings, drives, walkway, Parking Areas, and other Structures, Streets, the Zoning District of the subject and adjoining Lots, the location of and distance to off-site residential Structures, required Setbacks, required Buffer Areas, hydrologic features, and the coordinates and Height AGL of the Utility Pole, Disguised Structure, or Existing Structure, if applicable;
c.
Specifications, dimensions, photos, or drawings of the completed installation;
e.
Certified structural analysis as required in the General Requirements of this Article;
f.
If the Applicant is not a Wireless Services Provider, as defined by Section 67.5111, RSMo., then the Applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the Director that the proposed site(s) will become operational and used by a Wireless Services Provider within one (1) year of the permit's issuance date; and
g.
All other information necessary to show compliance with the applicable requirements of this Article.
2.
Fast-Track — Specific Application Requirements. In addition to the above General application requirements, applications for a Fast-Track shall include the following:
a.
An attestation that the proposed Fast-Track meets the volumetric and other requirements to meet the definition of Fast-Track provided in this Article; and
b.
Information demonstrating that the Applicant's proposed plans are in compliance with Section 67.5113.3(9), RSMo., to the satisfaction of the Director.
3.
Review. The application shall be reviewed by the Director to determine compliance with the above standards, including specifically, design, location, safety, and appearance requirements and transmit the application for review and comment by other applicable departments and public agencies.
4.
Additional Information May Be Required. In reviewing an application, the Director may require the Applicant to provide additional information, including technical studies, to the extent permitted by applicable law. An application shall not be deemed complete until satisfaction of all application requirements and submission of all requested information as provided herein.
5.
Decisions; Denials Required In Writing. The Director shall issue a decision on the permit within the time frame permitted by applicable law. The Director may deny the application or approve the application as submitted or with such modifications or conditions as are, in his/her judgment, reasonably necessary to protect the safety or general welfare of the citizens and property values consistent with, and to affect the purposes of, this Article and subject to applicable law. The Director may consider the purposes of this Article and the factors established herein for granting a Special Use Permit as well as any other considerations consistent with the Chapter. A decision to deny an application shall be made, in writing, and state the specific reasons for the denial.
Section 430.620 Special Use Permit Required.
[R.O. 2009 § 491.070; Ord. No. 3883, 12-20-2018]
A.
Special Use Permit Required. All proposals to construct or modify a Wireless Communications Facilities not permitted by Section 430.600, Permitted Use, or Section 430.610, Administrative Approval, or not fully complying with the General Requirements of this Article, except for modifications under 47 U.S.C. § 1455(a) which must be approved, shall be permitted only upon the approval of a Special Use Permit authorized consistent with Section 410.080 following a duly advertised Public Hearing before the Board, subject to the following additional requirements, procedures, and limitations:
1.
Applications. Applications for Special Use Permits shall be filed on forms prescribed for this purpose by the Director and processed subject to the requirements of and in the manner established by applicable law, herein, and for Special Use Permits in the Zoning Code and, in addition to such other requirements, shall be accompanied by a deposit of one thousand five hundred dollars ($1,500.00), to the extent permitted by applicable law to the specific Wireless Communications Facility. Any amount not used by the City shall be refunded to the Applicant upon written request after a final decision. Except as otherwise provided by law, no application for a Special Use Permit under this Section shall be deemed complete until the Applicant has paid all fees and deposits required under this Article, submitted certified engineering plans and all information required on the forms prescribed for this purpose by the Director, and provided proof of owner consent as required by Section 430.580. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.
2.
Decision And Findings Required. A decision shall be contemporaneously accompanied by substantial evidence supporting the decision, which shall be made a part of the written record of the meeting at which a final decision on the application is rendered. Evidence shall be under oath and may be submitted with the application or thereafter or presented during the Public Hearing by the Applicant or others.
3.
Additional Minimum Requirements. No Special Use Permit shall be issued unless the Applicant has clearly demonstrated by substantial evidence that placement of Wireless Communications Facilities pursuant to Section 430.600, Permitted Use, or Section 430.610, Administrative Approval, on the proposed site is not technologically or economically feasible. The City may consider current or emerging industry standards and practices, among other information, in determining feasibility.
4.
Findings Required. In addition to the determinations or limitations specified herein and by the applicable provisions of Section 410.080 of this Zoning Code for the consideration of Special Use Permits, no Special Use Permit shall be approved by the Board unless findings in the affirmative are made that the following conditions exist:
a.
That the design of the Wireless Communications Facilities, including ground layout, maximally reduces visual degradation and otherwise complies with provisions and intent of this Article;
b.
That the design is visually compatible with the area, will not distract from the view of the surrounding area, is maximally concealed or blended in with the environment, and will not adversely affect property values;
c.
That such use shall not be inconsistent or adversely affect the other Permitted Uses in the Zoning District in which the same is located; and
d.
That the proposal fully complies with applicable law including the General Requirements herein; provided that an exception to the General Requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown.
Section 430.630 Commercial Operation Of Unlawful Wireless Communications Facilities.
[R.O. 2009 § 491.080; Ord. No. 3883, 12-20-2018]
Notwithstanding any right that may exist for a governmental entity to operate or construct Wireless Communications Facilities, it shall be unlawful for any person to erect or operate for any private commercial purpose any Wireless Communications Facilities in violation of any provision of this Article, regardless of whether such Wireless Communications Facilities are located on land owned by a governmental entity.
Section 430.640 Removal Of Support Structure.
[R.O. 2009 § 491.090; Ord. No. 3883, 12-20-2018]
Any upper portion of a Support Structure which is not occupied by active Antennas for a period of twelve (12) months and any Antennas not active or any entire Support Structure which is not so occupied by active Antennas for a period of six (6) months shall be removed at the Support Structure owner's expense. Removal of upper portions of a Support Structure manufactured as a single unit shall not be required but the inactive Antennas shall be removed.
Section 430.650 Appeals.
Section 430.660 Definitions.
[R.O. 2009 § 455.010; Ord. No. 4293, 1-26-2023[1]]
As used in this Article, the following terms shall mean:
The direct application of Medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
Ingestion of capsules, teas, oils, and other Marijuana-Infused Products;
Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other Marijuana-Infused Products;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming Marijuana-Infused food Products;
A permanent building primarily and regularly used as a place of religious worship.
Facility licensed by the Department where Cultivation operations for Medical or adult use occur. A Comprehensive Marijuana Cultivation Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.
A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. Comprehensive Dispensary Facilities may receive transaction orders at the Dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Comprehensive Marijuana Dispensary Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law.
A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured for Medical or adult use. A Comprehensive Marijuana-Infused Products Manufacturing Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.
Someone at least twenty-one (21) years of age.
As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
The Missouri Department of Health and Senior Services, or its successor agency.
A Medical Marijuana Dispensary Facility, a Comprehensive Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.
A public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
A stationary, fully enclosed, locked space equipped with functioning security devices that permit access to only the Consumer(s), Qualifying Patient(s), or Primary Caregiver(s) who have informed the Department that this is the space where they will Cultivate Marijuana; and
The plants within the Enclosed, Locked Facility must not be visible to the unaided eye from a public space.
A natural person, corporation, professional corporation, non-profit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
The physical structure(s), including strip malls, and the premises on which the physical structures are located which are used by a licensed or certified Entity to perform its licensed or certified functions, whether the Entity is licensed or certified as a Medical Facility, Research Facility, or a Marijuana Facility.
A Marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
A document, whether in paper or electronic format, issued by the Department that authorizes a Consumer cultivator, Qualifying Patient, Primary Caregiver, or facility agent to access Marijuana as provided by law.
A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper; (2) dried Flower, buds, and/or plant material; and (3) a concentrate, oil, or other type of Marijuana extract, either within or on the surface of the product. Infused Prerolls may or may not include a filter or crutch at the base of the product.
Means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute Marijuana, as well as resin extracted from the plant and Marijuana-Infused Products. "Marijuana" or "Marihuana" does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing Marijuana into the human body.
A Marijuana Facility, a Medical Facility, and a Marijuana Research Facility.
A Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, Microbusiness Dispensary Facility, or any other type of Marijuana-related facility or business licensed or certified by the Department but shall not include a Medical Facility or Marijuana Research Facility.
Products that are infused, dipped, coated, sprayed, or mixed with Marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and Infused Prerolls.
Marijuana, Marijuana-Infused Products, or other products made using Marijuana, including Prerolls, unless otherwise provided for in the Department's rules.
A Facility licensed by the Department where activities intended to facilitate scientific research or education related to Marijuana Product occur.
A Facility certified by the Department to acquire, test, certify, and transport Marijuana, including those originally licensed as a Medical Marijuana Testing Facility.
Any Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing Facility.
A facility licensed by the Department to engage in the process of Cultivating Marijuana that is limited to Medical Use at a Medical Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.
A Facility licensed by the Department where Marijuana is dispensed only for Medical Use. Medical Marijuana Dispensary Facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A Medical Marijuana Dispensary Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.
A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured only for Medical Use.
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
A Facility licensed by the Department to engage in the process of dispensing Marijuana for Medical Use or adult use. Microbusiness Dispensary Facilities may receive transaction orders at the dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Microbusiness Dispensary Facility's authority to process Marijuana shall include the creation of Prerolls.
A Facility licensed by the Department where Marijuana Cultivation operations for Medical or adult use occur and/or where Marijuana-Infused Products and Prerolls are manufactured for Medical Use or adult use. A Microbusiness Wholesale Facility may cultivate up to two hundred and fifty (250) Flowering Plants at any given time. A Microbusiness Wholesale Facility's authority to process Marijuana shall include the creation of Prerolls and Infused Prerolls.
An individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law.
An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper; and (2) dried Flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient and who is designated as such under the rules and regulations of the Department and possesses a Department issued Primary Caregiver or Primary Caregiver Cultivation Identification Card.
An individual diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a Department issued Qualifying Patient or Qualifying Patient Cultivation Identification Card.
A Facility certified by the Department to house operations involving the transport of Marijuana Product from a Marijuana Facility or Medical Facility, or to a Qualifying Patient, Primary Caregiver, or Consumer.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[1]
Editor's Note: Section 1 of Ord. No. 4293 states: The whereas clauses are hereby specifically incorporated herein by reference.
Section 430.670 State License Required.
[R.O. 2009 § 455.020; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
Every Marijuana Business shall have the appropriate license and any other required authorization from the Department to operate in the City. Applicant may seek zoning approval upon showing of a submitted application for a State license, but no final occupancy shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.
Section 430.680 Spacing Requirement For Marijuana Businesses.
[R.O. 2009 § 455.030; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Marijuana Business shall be located within one thousand (1,000) feet of any then-existing Elementary or Secondary School, Day Care Center, or Church. For the purposes of this Article, "then-existing" shall mean any Elementary or Secondary School, Day Care Center, or Church, with a building permit from the City to be constructed, or under construction, or completed and in use at the time the Marijuana Business applies for zoning authorization.
B.
No Dispensary Facility shall be located within one thousand (1,000) feet of any other Dispensary Facility.
C.
More than one (1) Entity may operate within one (1) Facility in accordance with the rules and regulations of the Department.
D.
For purposes of this Article, the above spacing requirement shall be measured as follows:
1.
In the case of a freestanding Facility, the distance between the Facility and the Elementary or Secondary School, Day Care, or Church shall be measured from the external wall of the Facility structure closest in proximity to the Elementary or Secondary School, Day Care, or Church to the closest point of the Property Line of the Elementary or Secondary School, Day Care, or Church. If the Elementary or Secondary School, Day Care, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Day Care, or Church closest in proximity to the Facility.
2.
In the case of a Facility that is part of a larger structure, such as an office building or strip mall, the distance between the Facility and the Elementary or Secondary School, Day Care, or Church shall be measured from the Property Line of the Elementary or Secondary School, Day Care, or Church to the Facility's entrance or exit closest in proximity to the Elementary or Secondary School, Day Care, or Church. If the Elementary or Secondary School, Day Care, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Day Care, or Church closest in proximity to the Facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
Section 430.690 Standards For Cultivation Facilities.
[R.O. 2009 § 455.040; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana Cultivation Facility or a Comprehensive Marijuana Cultivation Facility ("Cultivation Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Cultivation Facility.
4.
Display Of Licenses Required. The applicable license for the Cultivation Facility issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every Cultivation Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430, Article VII, "Environmental Performance Standards," and Chapter 215, "Nuisances."
7.
Security. Every Cultivation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Additional Requirements. All Cultivation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, lighting, parking, amount of Flowering Plants, waste disposal, inventory control systems and procedures, and environmental factors including air supply filtered through high-efficiency particulate air filters.
10.
A Cultivation Facility may be: (1) a completely indoor Facility and growing operation; (2) a completely outdoor Facility and/or growing operation; or (3) a "greenhouse"/hybrid method Facility and growing operation so long as such operation complies with all regulations of the "IP-1" district, all regulations of this Code, all applicable regulations of Article XIV of the Missouri Constitution, and any rules or regulations of the Department relating to Marijuana.
Section 430.700 Standards For Dispensary Facilities.
[R.O. 2009 § 455.050; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Dispensary Facility without complying with the following regulations and all general requirements of the relevant "C-1," "OT-2," or "HP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Dispensary Facility.
4.
Display Of Licenses Required. The applicable Dispensary Facility license issued by the State of Missouri and any and all licenses or permits issued by the City shall be displayed as required by State regulations.
6.
Parking And Access. As part of the application for a Special Use Permit, the applicant shall submit the estimated number of customers expected per hour or day, estimated peak times, the total number of parking spaces, description of the access to the Facility, and justification statement that the desired location has adequate parking and access to meet the expected foot and vehicle traffic without negatively impacting neighboring properties.
7.
Drive-Through. Dispensary Facilities must follow all requirements found in Chapter 425, Article III of this Code and obtain a Special Use Permit to utilize a drive-through. As part of the Special Use Permit process, the Board or Commission may require additional queuing or other conditions related to the drive-through Facility to ensure the public safety is protected and the surrounding properties are not negatively affected.
9.
Security. Every Dispensary Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations, including but not limited to any display samples being secured in accordance with the Department's rules and regulations, and storage of all Marijuana Product in a locked vault when the Facility is closed.
10.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
11.
Additional Requirements. All Dispensary Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.
Section 430.710 Standards For Manufacturing Facilities.
[R.O. 2009 § 455.060; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Medical Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, or Comprehensive Marijuana-Infused Products Manufacturing Facility ("Manufacturing Facility") without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Manufacturing Facility.
4.
Display Of Licenses Required. The applicable Manufacturing Facility license issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
6.
Odor And Non-Residential District Regulations. Every Manufacturing Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 430, Article VII, "Environmental Performance Standards," and Chapter 215, "Nuisances."
7.
Security. Every Manufacturing Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Additional Requirements. All Manufacturing Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.
Section 430.720 Standards For Marijuana Testing Facilities And Marijuana Research Facilities.
[R.O. 2009 § 455.070; Ord. No. 3917, 4-25-2019; Ord. No. 4105, 3-25-2021; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Marijuana Testing Facility of Marijuana Research Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Marijuana Testing Facility or Marijuana Research Facility except for testing or research purposes utilizing methods and standards certified by the Department or other appropriate agency.
4.
Display Of Licenses Required. The applicable Marijuana Testing Facility or Marijuana Research Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Marijuana Testing Facility or Marijuana Research Facility shall meet the standard construction requirements of the "IP-1" Industrial Park District outlined in this Code and approved subject to the standard procedures of Chapter 435, Article II of this Code.
7.
Security. Every Marijuana Testing Facility or Marijuana Research Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Accreditation, Standards, and Procedures. Every Marijuana Testing Facility and Marijuana Research Facility shall at all times maintain in good standing their accreditation as required by State regulations and utilize standards and procedures for personnel and for the testing of and research for Marijuana in all forms which are at least as stringent as those which are required by State regulations.
10.
Additional Requirements. All Marijuana Testing Facilities and Marijuana Research Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating Marijuana and the testing, research, and safety requirements thereof including but not limited to security requirements, disposal requirements, lighting, parking, and environmental factors.
Section 430.730 Standards For Transportation Facilities.
[R.O. 2009 § 455.080; Ord. No. 3917, 4-25-2019; Ord. No. 4293, 1-26-2023]
A.
No Structure or area of land shall be constructed, altered, or used for a Transportation Facility without complying with the following regulations and all general requirements of the "IP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed unless otherwise authorized by State regulations.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Transportation Facility.
4.
Display Of Licenses Required. The applicable Transportation Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
7.
Security. Every Transportation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage shall be in accordance with Chapter 430, Article IV. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Transportation. All Transportation Facilities shall comply with all applicable rules and regulations promulgated by the Department regarding transportation of Marijuana including but not limited to security systems and requirements, transportation deadlines and locations, and GPS tracking.
10.
Additional Requirements. All Transportation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, lighting, parking, environmental factors, and record retention and maintenance requirements.
Section 430.740 Definitions.
[R.O. 2009 § 456.010; Ord. No. 3001 § 1, 12-23-2008]
As used in this Article, the following terms shall mean:
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment that has as a substantial or significant portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) or more of the following:
Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. It shall be presumed that a commercial establishment falls within this definition when the establishment holds itself out or advertises itself as an Adult Bookstore, Adult Novelty Store, or Adult Video Store or where more than twenty-five percent (25%) of the retail value of merchandise offered for sale consists of the materials described herein or where more than ten percent (10%) of its display space is used for the materials described herein.
A Tavern, Restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes or disks, slides, or other photographic reproductions in which a substantial or significant portion of the total presentation time is devoted to the showing of material that is characterized by specified sexual activities or specified anatomical areas.
A Hotel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or disks, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
Allows a tenant or occupant of the sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Evidence that a sleeping room in a Hotel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an Adult Hotel. |
An establishment where, for any form of consideration, films, motion pictures, video cassettes or disks, slides, or similar photographic reproductions are shown, and in which a substantial or significant portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar establishment in which a substantial or significant portion of the presentation time is devoted to the exposure of specified anatomical areas or to specified sexual activities.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees to privately model lingerie or to privately perform a strip tease for another person.
A person or business association who furnishes, offers to furnish, or advertises to furnish Escorts as one (1) of its Principal Use for a fee, tip, or other consideration.
A commercial establishment where, for any form of consideration, massage, alcohol, rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered. This definition does not include any Medical Office or Medical Facility where the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, Healing Arts Establishment, or similar professional person licensed by the state.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
A commercial establishment other than a Hotel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two (2) or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where Medical Office or Medical Facility provides sexual therapy.
An Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Hotel, Adult Motion Picture Theater, Adult Theater, Escort Agency, Massage Parlor, or Sexual Encounter Establishment.
Instruments, devices, gifts, or paraphernalia that are designed or marketed for use in connection with specified sexual activities or clothing that graphically depicts or exposes specified anatomical areas or books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassettes or disks, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Any of the following:
Bare human male or female genitals, buttocks, anus, or pubic area with less than opaque clothing covering;
The female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing or swimsuit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
The covered male genitals in a discernibly turgid state.
Any of the following:
An increase in Floor Areas occupied by the business by more than twenty-five percent (25%), as the Floor Areas exist on December 16, 2002.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 430.750 Location Of Sexually Oriented Businesses.
[R.O. 2009 § 456.020; Ord. No. 3001 § 1, 12-23-2008]
A.
A person may operate or cause to be operated a Sexually Oriented Business in accordance with the following regulations:
1.
A Sexually Oriented Business may only be operated in "IP-1," "BP-1," "BP-2," and "HP-1" Districts.
2.
A Sexually Oriented Business shall not be operated within one thousand (1,000) feet of the following:
a.
A Church;
b.
A public library;
c.
An Educational Facility;
d.
Day Care Facility;
e.
Community Center;
f.
A Residential District;
g.
A Public Park;
h.
A Lot Line of a Lot used for Residential Dwelling.
i.
A business which is oriented primarily towards children or family entertainment; or
j.
A business with a liquor license pursuant to the alcoholic beverage control regulations of the state. For purposes of this provision, measurement shall be made in a straight line, without regard to the intervening Structures or objects, from the nearest portion of the Building or Structure used as the part of the Property where a Sexually Oriented Business is conducted to the nearest Lot Line of the Lot of one (1) of the above-listed uses. Presence of a City or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this provision.
3.
A Sexually Oriented Business shall not be operated, established, substantially enlarged, or undergo transfer of ownership or control within one thousand (1,000) feet of another Sexually Oriented Businesses. For purposes of this provision, the distance between any two (2) Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening Structures or objects or political boundaries, from the closest exterior wall of the Building (exclusive of overhangs) in which each business is located.
4.
A person shall not cause or permit the operation, establishment, or maintenance of more than one (1) Sexually Oriented Business in the same Building, Structure, or portion thereof or the increase of Floor Area of any Sexually Oriented Business in any Building, Structure, or portion thereof containing another Sexually Oriented Business.
5.
Any Sexually Oriented Business lawfully operating on the effective date of this Article (December 16, 2002) that is in violation of this Article shall be deemed a Non-Conforming Use. Such Non-Conforming Uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a Conforming Use. If two (2) or more Sexually Oriented Businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the Sexually Oriented Business which was first established and continually operating at a particular location is the Conforming Use and the later-established business(es) is/are non-conforming.
Section 430.760 Hours Of Operation.
[R.O. 2009 § 456.030; Ord. No. 3001 § 1, 12-23-2008]
No Sexually Oriented Business, except for an Adult Hotel, may remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.
Section 430.770 Exterior Portions Of Sexually Oriented Businesses.
[R.O. 2009 § 456.040; Ord. No. 3001 § 1, 12-23-2008]
A.
Sexually Oriented Merchandise or activities of the Sexually Oriented Business shall not be visible from any point outside such business.
B.
The exterior portions of a Sexually Oriented Business shall not have flashing light or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Article.
C.
The exterior portions of a Sexually Oriented Business shall be painted a single achromatic color; however, this provision shall not apply to the business if the following conditions are met:
1.
The business is part of a commercial multi-unit center; and
2.
The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
D.
Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of an enterprise.
Section 430.780 Signage.
[R.O. 2009 § 456.050; Ord. No. 3001 § 1, 12-23-2008]
A.
Any person operating a Sexually Oriented Business shall comply with the Sign requirements set forth in Article IV of Chapter 430. However, the following requirements apply to Signs for Sexually Oriented Businesses and supersede any conflicting provisions in the Municipal Code:
1.
Only one (1) on-Premises properly permitted Sign is allowed to advertise the Sexually Oriented Business.
2.
Signs shall be a flat plane rectangular in shape and have no more than two (2) display surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and shall not exceed ten (10) feet in height or ten (10) feet in length.
3.
4.
Each letter forming a word on a Sign shall be of a solid color and each such letter shall be the same print-type, size, and color. The background behind such lettering on the display surface of a primary Sign shall be of a uniform and solid color.
Section 430.790 Purpose.
[Ord. No. 4280, 11-21-2022]
The purpose of this Article is to provide basic standards for Electric Vehicle Charging Stations to respond to and/or prepare for the increased usage of electric vehicles and ensure the same are installed in a manner to protect the general welfare and safety of all persons and are not detrimental to surrounding properties.
Section 430.800 Requirements For Electric Vehicle Charging Stations.
[Ord. No. 4280, 11-21-2022]
A.
Electric Vehicle Charging Stations located in Off-Street Parking Areas in Non-Residential Districts are subject to and require the following:
2.
Special Use Permit.
a.
Special Use Permit applications for Electric Vehicle Charging Stations shall comply with the requirements and procedures set forth in Section 410.080.
b.
Any Principal Building on a Lot that changes its Principal Use must submit, and receive approval of, a new Special Use Permit prior to operating new, or continuing the operation of, Electric Vehicle Charging Stations.
B.
Exemption. Electric Vehicle Charging Stations are a Permitted Use in Off-Street Parking Areas in conjunction with and in support of an approved Principal Use on the same Lot as reasonably determined by the Director and within Off-Street Parking Areas in Residential Districts.
Section 430.810 Standards For Electric Vehicle Charging Stations.
[Ord. No. 4280, 11-21-2022]
A.
Design Standards. All Electric Vehicle Charging Stations shall adhere to the following design standards:
1.
Vehicle charging equipment must be designed and located so as not to create safety hazards or impede pedestrian, bicycle, or wheelchair movement.
2.
Electric Vehicle Charging Stations shall not encroach the required landscaped Buffer Area in those Districts where a Buffer Area is required.
3.
Any Signs located on Vehicle charging equipment located on a Property not used for Residential Use and not exempt from Sign Permit requirements of Section 430.290 shall require approval of a Sign Plan. When possible, this may be done in conjunction with or as part of the Site Plan Review.
4.
The Commission or Board may require additional landscaping and/or Fencing be provided for Electric Vehicle Charging Stations when it is deemed necessary to provide a Buffer Area for adjacent uses.
Section 430.820 Purpose.
[Ord. No. 4495, 10-24-2024]
The purpose of this Article is to regulate Hemp Shops to protect the general health, safety, and welfare of the public.
Section 430.830 Definitions.
[Ord. No. 4495, 10-24-2024]
As used in this Article, the following terms shall mean:
A permanent building primarily and regularly used as a place of religious worship.
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions, that is licensed by the State of Missouri.
A public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
Section 430.840 General Regulations.
[Ord. No. 4495, 10-24-2024]
A.
No Structure or area of land shall be constructed, altered, or used for a Hemp Shop without complying with the following regulations and all general requirements of the relevant "C-1," "OT-2," "OT-3," or "HP-1" District, including obtaining a Special Use Permit in compliance with Chapter 410, Article III of this Code.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
2.
On-Site Usage Prohibited. No Hemp or Hemp-derived products may be smoked, ingested, or otherwise consumed on the premises of any Hemp Shop.
3.
Parking And Access. As part of the application for a Special Use Permit, the applicant shall submit the estimated number of customers expected per hour or day, estimated peak times, the total number of parking spaces, and justification statement that the desired location has adequate parking and access to meet the expected foot and vehicle traffic without negatively impacting neighboring properties.
Section 430.850 Spacing Requirement For Hemp Shops.
[Ord. No. 4495, 10-24-2024]
A.
No Hemp Shop shall be located within one thousand (1,000) feet of any then-existing Elementary or Secondary School, Day Care Center, or Church. For the purposes of this Article, "then-existing" shall mean any Elementary or Secondary School, Day Care Center, or Church, with a building permit from the City to be constructed, or under construction, or completed and in use at the time the Hemp Shop applies for zoning authorization.
B.
No Hemp Shop shall be located within one thousand (1,000) feet of any other Hemp Shop or Dispensary Facility.
C.
For purposes of this Article, the above spacing requirement shall be measured as follows:
1.
In the case of a freestanding Structure, the distance between the establishment and the Elementary or Secondary School, Day Care, or Church shall be measured from the external wall of the structure closest in proximity to the Elementary or Secondary School, Day Care, or Church to the closest point of the Property Line of the Elementary or Secondary School, Day Care, or Church. If the Elementary or Secondary School, Day Care, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Day Care, or Church closest in proximity to the Facility.
2.
In the case of an establishment that is part of a larger structure, such as an office building or strip mall, the distance between the Facility and the Elementary or Secondary School, Day Care, or Church shall be measured from the Property Line of the Elementary or Secondary School, Day Care, or Church to the establishment's entrance or exit closest in proximity to the Elementary or Secondary School, Day Care, or Church. If the Elementary or Secondary School, Day Care, or Church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the Elementary or Secondary School, Day Care, or Church closest in proximity to the Facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.