Off-street loading and unloading spaces shall be provided on the same lot as the use to which they are accessory in accordance with the following schedule:

Such loading and unloading spaces shall not be required for business uses which demonstrably do not receive or transmit goods or wares by truck delivery.

Loading spaces shall be on the same lot with the building they are intended to serve and may occupy all or any part of any required yard, provided that no such space shall be closer than fifty (50) feet from any other lot located in any "E" or "R" district unless wholly within a completely enclosed building or enclosed on all sides by a well maintained wall or uniformly painted solid fence not less than six (6) feet in height.

Each loading and unloading space provided for the purpose of meeting the requirements of this Chapter shall have a minimum width of twelve (12) feet, a minimum length of thirty-five (35) feet and a minimum height clearance of fourteen (14) feet.

In any district in connection with every principal or conditional use there shall be provided off-street parking spaces in accordance with the following schedule:

The off-street parking requirements for any business use not specifically stated above or elsewhere in this Chapter shall be determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of business use would require to satisfy estimated peak parking load requirements.

Off-street parking spaces accessory to a dwelling shall be provided on the same lot as the dwelling. In all residential districts, commercial vehicles in excess of one and one-half (1½) tons capacity shall be parked within an enclosed building. Such spaces accessory to any other use shall be provided on the same lot as the use they are accessory to or upon approval by the Board within three hundred (300) feet thereof. In the "B-1", "B-2", "B-4" and "I-1" districts, off-street parking spaces may be located in the required front yard on lots where business or industry is located.

Groups of uses requiring parking space may join in establishing a private parking area with a capacity aggregating that required for each participating use. A church or temple requiring parking area at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, utilize such facilities in lieu of providing their own parking facilities.

For purposes of these provisions, the following units of measurement shall apply:

Whenever on any lot or in any building there is a change in use or an increase in floor area or in the number of employees or other unit of measurement hereinbefore specified for the determination of required off-street parking spaces, additional off-street parking facilities shall be provided on the basis of the increased requirements of the new use or other unit of measurement; provided however, that in case such change creates a need for increase in off-street parking spaces of less than ten percent (10%) of the parking spaces previously required, no additional parking facilities shall be required.

Every area used as a public or private parking area shall be developed and maintained in accordance with the following requirements:

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units shall be permitted only within a district in which a new building for similar occupancy would be permitted under the provisions of this Chapter and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per family, dimensions of yards and other open spaces and off-street parking. No existing structure may be converted for use by more than four (4) families.

The district requirements with respect to yards and other open spaces shall not apply in cases where the conversion is part of a proposed residential planned unit development project meeting the requirements specified in Section 405.530. Such yard and other open space requirements shall also not apply in cases where the conversion will not involve any major exterior structural changes and

Any conversion which would result in one (1) or more dwelling units containing less than five hundred (500) square feet of gross floor area shall be permitted only upon authorization by the Board.

Exceptions. Existing lots of record located within the downtown business district, described as those lots fronting Main Street from Brierton Lane to Mill Street, may be excluded from the provisions of this Section when the following conditions are met:

Application And Public Hearing Requirements. The developer of a subdivision in all districts may be considered for approval for a planned unit development only after an application has been submitted to the City Planning Department and a public hearing on the proposed development held by the Planning and Zoning Commission. The developer shall pay a fee of one hundred fifty dollars ($150.00) to defray the cost of the public hearing. The public hearing shall be held in conjunction with a regular Planning and Zoning Commission meeting, but does not eliminate or supersede any City Council public hearings on the "PUD", shall be advertised in an approved newspaper of record for at least fifteen (15) days and posted with a four (4) foot by eight (8) foot sign on the property fifteen (15) days prior to the hearing. At the same public hearing a preliminary drawing of the proposed development shall be presented to the Planning and Zoning Commission. If a majority of the Planning and Zoning Commission members decide that the proposed development is consistent with the City's Comprehensive Plan, does not create undue traffic congestion in the immediate area of the development and can be operated in a manner that is not detrimental to the permitted uses in the surrounding area and is deemed desirable to promote the general health, welfare and safety of the City of Festus, the applicant may receive permission to proceed to the preliminary plan stage or to the City Council.

Sketch Plan. The sketch plan, which is submitted to the Planning and Zoning Commission prior to the public hearing, shall include, but not be limited to, an outboundary survey of the property, a statement from a registered professional setting forth the total area, the available gross area, the maximum number of lots allowable and the total number of lots in the proposed development. Also included in the sketch plan shall be traffic circulation patterns; landscaping and infrastructure data on water and sewer lines, storm sewers; and detention if required by the City. When the issue is negotiable, the developer shall place his/her preference within the sketch plan, although final decisions on negotiable matters are made by the Planning and Zoning Commission and, ultimately, the City Council. The sketch plan drawing shall take Subsections (F — G) of this Section into consideration.

Preliminary Plan. The preliminary plan shall include, but not limited to, a legibly written narrative outlining the variance requests and explanations on their need; ten (10) assembled set of 24" x 36" plans including a boundary survey of the property; a statement from a registered professional setting forth the total area, the available gross area, the maximum number of lots allowable and the total number of lots in the proposed development, a vicinity map, and delineation of any land areas subject to a 100-year flood. Included in the preliminary plan shall be traffic circulation patterns; landscaping and infrastructure data on water and sewer lines, storm sewers, and detention calculations. When the issue is negotiable, the developer shall place his/her preference within the sketch plan, although final decisions on negotiable matters are made by the Planning and Zoning Commission and, ultimately, by the City Council.

Final Plan. Final plan submission shall be the same as in a subdivision as required in Section 410.150 of the Code of Ordinances. Minor changes may be allowed and the plan sent to the Council with the changes noted. Minor changes are those that affect parts of the PUD between zero percent (0%) and five percent (5%), and is up to the discretion of the Commission. Substantial changes may be approved only when a new preliminary plan is submitted and approved.

Green Space. At least ten percent (10%) of total acreage of the project shall be designated, designed, constructed and maintained as "green area".

Outdoor advertising signs, billboards, off-premises signs and structures where permitted shall be set back from the established right-of-way line of any street at least as far as the required front yard depth for a principal building in the districts where located and no more than one hundred (100) feet from said right-of-way line. No advertising sign or structure shall be permitted which faces the front or side lot line of any lot in any "E" or "R" district within one hundred (100) feet of such lot line or which faces any public parkway, public square or entrance to any park, educational institution, school, library, church or similar institutions within three hundred (300) feet thereof. Such signs shall not exceed one hundred (100) feet in height or two hundred fifty (250) square feet in size.

Exterior business signs shall not exceed in the aggregate three (3) square feet of area for each linear foot of lot frontage. Exterior business signs where permitted shall be integral with or attached to the principal building and shall not project more than two (2) feet from the front thereof unless attached to a marquee or sidewalk canopy nor more than three (3) feet above the parapet wall or roof lines, except as provided herein. In the case of a principal or conditional use involving no building or structure such signs where permitted shall be set back from the right-of-way line of any street at least one-half (½) as far as the required front yard depth for a principal building in the district where located, shall not be located closer than twenty-five (25) feet of the side of an adjacent lot in any "E" or "R" district, nor project above a horizontal plane twenty (20) feet above the established grade at the front lot line except as provided herein.

For any motor vehicle service stations, motor vehicle sales establishment, motel, restaurant or integrated office/shopping center, in all districts where these are permitted, an exterior business sign displaying only the identifying name or symbol of such use or shopping center as a whole may be supported on a freestanding structure located in front of such use or center; provided that such sign shall not project over the front lot line and shall not be located within twenty-five (25) feet of the side lot line of an adjoining lot in any "E" or "R" district. Such freestanding signs shall be erected not less than seven (7) nor more than one hundred (100) feet in height and shall not exceed one hundred fifty (150) square feet per side in area. Such businesses that have frontage along a Federal or State highway may have a sign not exceeding two hundred fifty (250) square feet in area per side. Signs of greater height and area may be permitted but only if expressly authorized by the Board of Adjustment. All other uses in districts allowing business signs are permitted to erect one (1) freestanding sign per lot, displaying only the business name(s) or symbol(s), not more than thirty-five (35) feet high that shall not exceed one hundred fifty (150) square feet in total sign area.

Real estate signs advertising the sale, rental or lease of the lot which they are maintained shall be set back from the right-of-way line of any street as such that there is no obstruction of vision of motorist traveling along said street or at a minimum of seven (7) feet from the edge of the street curb, however, that such sign not exceeding six (6) square feet in area and attached flat against the building to which it pertains shall be permitted in any case. Real estate signs on any one (1) lot shall not exceed in the aggregate fifteen (15) square feet in area.

A church, educational institution, school, community center, public library or other public or institutional building may have for its own use a bulletin board not over thirty-two (32) square feet in area which if not attached flat against the building shall be at least ten (10) feet distant from all street right-of-way lines.

Any business in a "B" or "I" Zone shall be permitted one (1) grand opening banner on premise, fifty (50) square feet in size for a total of three (3) weeks from time of permit issuance. Banner will be permitted at the minimum permit fee.

Any sign illumination shall be so arranged as to confine the illumination to the sign, avoid glare or other disturbance on adjacent property and shield the source of illumination. No flashing device shall be permitted in any "E" or "R" district nor at any location in any "N", "B" or "I" district where a flashing light would interfere with or distract from a traffic control sign or signal.

Sandwich Boards. Notwithstanding anything to the contrary contained in Chapter 405 Article III of this Code, off-premises (premises in Subsections (H) and (I) hereof shall mean the lot of land with a business and/or building on it), freestanding, two-sided, advertising sign sandwich boards (each a "sandwich board") which conform to the following are allowed in the "B-3" Downtown Business District:

City Advertising Signs/Poles. Notwithstanding anything to the contrary contained in Chapter 405 Article III of this Code, the City may in its sole discretion and judgment erect freestanding advertising signs/poles within the off-premises locations of the "B-3" Downtown Business District for the advertising of businesses which are restricted to on-premises advertising signage pursuant to Chapter 405 of this Code upon recommendation of the location and dimensions of the signs/poles by the Planning and Zoning Commission and approval by the City Council. Eligible premises owners may use the freestanding advertising signs/poles in accordance with annual license agreements approved by the City Council.

Digital Signs. In addition to the requirements set forth in Section 405.540(G), the following sign regulations are established for digital signs in the City:

Signs Prohibited In Right-Of-Way. No sign shall be allowed in the City's right-of-way except for the following:

Obstruction Prohibitions. At no time shall any sign permitted under Section 405.545(A):

Other Signs In The City's Right-Of-Way Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this Section, shall be forfeited to the City and subject to confiscation. Prior to seeking remedies, the City will make reasonable efforts attempt to contact the owner or person who placed such sign in the City's right-of-way. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

No land or structure, in any district, shall be used or occupied in such manner so as to create any dangerous, injurious or noxious hazard or condition. Hazard or condition shall include, but not be limited to, noise, vibration, smoke, dust, odor or other form of air pollution or some other use which adversely affects the adjoining lots or surrounding area.

Whenever it is alleged by a person aggrieved or in the opinion of the Building Official that a use of land or structure creates or is likely to create or otherwise produce dangerous, injurious or noxious elements, the Planning and Zoning Commission shall make a preliminary investigation of the matter and shall forward its report, together with all preliminary findings and evidence, to the City Council. If the Planning and Zoning Commission concurs in the allegation or opinion that there exist or are likely to be created such dangerous, injurious or noxious hazard or condition, it shall request the City Council to authorize the employment of a competent specialist or testing laboratory for the purpose of determining the nature and extent of such dangerous, injurious or noxious hazard or condition and of the practicable means for assuring compliance with the provisions of Section 405.560.

Upon receipt of the findings and recommendations of such specialist or laboratory, the Planning and Zoning Commission may approve, partially approve or disapprove the measures recommended therein and instruct the Building Official to proceed with the enforcement of such measures in accordance with the provisions of Section 405.830.

The City shall bear the costs of the various tests, consultant fees or other investigations which are required herein; provided however, that the owner of the property under investigation shall reimburse the City for all such expenses in the case of a proposed new use or in the event that the existing operation or use of such property is found to be in violation of the provisions of Section 405.560 by the Planning and Zoning Commission or, if contested, by a court of competent jurisdiction. Such reimbursement shall be made within thirty (30) days from the date of the final Planning and Zoning Commission ruling or court judgment.

Every use shall be so operated that no odor, smoke, toxic gases and/or dirt, dust, fly ash or other particulate matter shall be emitted that violate the emission regulations in the "Air Quality Standards and Air Pollution Control Regulations" of the St. Louis metropolitan area.

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.

Any use creating intense earth-shaking vibration such as are created by heavy drop forge shall be set back from any "R" or "I" district boundary at least two hundred fifty (250) feet and at least one hundred fifty (150) feet from any "B" district boundary. Additional setback may be required so that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located.

Every use shall be so operated that the pressure level of sound or noise level generated, measured in decibels, shall not exceed, at any point on the lot line, the maximum decibel levels for the designated duration as set forth in the following table for the appropriate use:

To the extent provided in this Section, the provisions of this Article, as used herein, shall not apply to:

Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with the standards of the Federal Radiation Council.

The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following conditions are met:

Purpose. The conditional use permit procedure is intended to provide the Planning and Zoning Commission and the City Council with discretionary review of requests to establish or construct uses or structures which may be necessary or desirable in a zoning district, but which may have the potential for negative or deleterious impact on the health, safety and welfare of the public. The purpose of the review is to determine whether the proposed location of the use or structure is appropriate and whether it will be designed, located and operated so as to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The City Council may impose conditions upon such uses and structures that are intended to avoid, minimize or mitigate adverse impacts upon the community and other properties in the vicinity. The City Council may deny requests for a conditional use permit when it is evident that a proposed use or structure will or may cause harm to the community or injury to the value, lawful use and reasonable enjoyment of other properties in the vicinity.

Conditional Uses Authorized. The Planning and Zoning Commission may recommend and the City Council may authorize the establishment of those conditional uses that are expressly permitted as a conditional use in a particular zoning district. No conditional use shall be authorized unless such conditional use to be granted complies with all of the applicable provisions of this Chapter.

Application For Conditional Use Permit. An application for conditional use permit containing the following information shall be filed with the City.

Permit Validity Time Period. Any conditional use permit authorized shall be validated within six (6) months from the date of approval by the City Council or such conditional use permit shall be nullified. The conditional use permit shall be considered validated if a building permit is obtained and the erection or alteration of a structure is started or if an occupancy permit is obtained and the conditional use is commenced. The City Council may grant one (1) additional extension of time not exceeding six (6) months without notice or hearing. Requests for time extension shall be made by filing an application with the City before the expiration date. If the applicant fails to submit the request for time extension within the specified period, an application for conditional use permit shall be filed in accordance with the provisions of Subsections (C) through (E).

Conditional Use Standards. A conditional use permit shall be granted only if evidence is presented at the public hearings that the conditional use will comply, to the extent applicable, with the following standards: