Jefferson County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IX
Conditional Use Permits and Uses Permitted With Conditions
Section 400.2990 Statement of Intent.
[Zoning Order §9.010, 4-2-2008]
The division of the County into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as conditional uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Conditional uses may have a unique impact on the adjoining uses of land and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this UDO. A conditional use permit is issued by the County Council following the procedures set forth in Article IV, Division 3.
Section 400.3000 When Conditional Use Permit Required.
[Zoning Order §9.020, 4-2-2008]
Conditional Uses. Uses for which a conditional use permit is required are listed within this Article and noted as "conditional uses" in Article V, Division 3.
Section 400.3010 Standards For Approval.
[Zoning Order §9.030, 4-2-2008]
A.
Conditional uses may be approved by action of the County Council after recommendation from the Planning and Zoning Commission using the procedures set forth in Section 400.1140. Conditional uses may be approved with conditions including, but not limited to, requirements for yards, open spaces, buffers, fences, walls and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; conditions specifically listed under the individual conditional use and other conditions deemed necessary to insure compatibility with surrounding land uses.
B.
In considering any application for a conditional use permit, the Planning and Zoning Commission and County Council may give consideration to the following minimum criteria, to the extent they are pertinent to the particular application:
1.
Character of the neighborhood;
2.
Compatibility with adjacent property uses and zoning;
3.
Suitability of the property for which the conditional use is being requested;
4.
Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties;
5.
Extent to which the proposed use will injure the appropriate use of, or detrimentally affect, neighboring property;
6.
Impact on the street system to handle traffic and/or parking;
7.
Impact of additional storm water runoff to the existing system or to the watershed area if no storm sewer is available;
8.
Impact of noise pollution or other environmental harm;
9.
Potential negative impact on neighborhood property values;
10.
Extent to which there is need for the proposed use in the community;
11.
Economic impact upon the community;
12.
Extent to which public facilities and services are available and adequate to satisfy the demand generated by the proposed use;
13.
Comparison of the benefit gained to the public health, safety and welfare of the community if approved versus the hardship imposed upon the landowner if the requested application is denied;
14.
Conformance to the Official Master Plan, current County policies and ordinances;
15.
Analysis by professional staff; and
16.
Consistency with permitted uses in the area in which the conditional use is sought.
C.
Conditions provided in this Article should be utilized for consideration of conditions when reviewing development plans.
Section 400.3020 Vesting of Rights.
[Zoning Order §9.040, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(9.040 C), 7-30-2008]
A.
The mere issuance of a conditional use permit gives no vested rights to the permit holder.
B.
A conditionally permitted use shall vest only if the project is constructed and the use actually started within the timeframe established within the conditional use permit.
C.
The right to continue any conditional use that may have been permitted prior to the effective date of this UDO shall last only as long as specified by the conditions of approval, provided that all conditions of said approval continue to be met. The County Council may, by ordinance, revoke a conditional use permit.
D.
As of the effective date of this UDO, any existing permits shall be subject to the provisions for transferability as set forth in this UDO.
Section 400.3050 Specified Conditional Uses.
[Zoning Order Art. 9, Div. II, 4-2-2008]
The listed conditions for each of the following conditional uses are minimum requirements for that use in the specified zone district(s). Additional conditions may be added at the discretion of the County Council.
Section 400.3060 Agriculture-Related Feeding or Disposal ("RA-5").
[Zoning Order §9.080, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016[1]]
Commercial feedlots for the raising and selling of farm animals.
Concentrated animal feeding operations (CAFOs) are regulated by the State through the Missouri Department of Natural Resources NPDES (National Pollutant Discharge Elimination System) permitting process. Any agriculture-related feeding or disposal activity shall obtain the proper NPDES permit (construction permit and operation permit) when required. Specific laws and regulations from the Revised Missouri State Statutes and Missouri Code of State Regulations shall be followed (e.g., 10 CSR 20-6.300 Concentrated Animal Feeding Operations and 10 CSR 20-8.020 Design of Small Sewage Works). When the County's requirements conflict with the States requirements, the more restrictive standards shall apply.
All livestock and poultry shall be kept confined to the premises by erection and maintenance of a stock-tight fence and necessary cattle guards.
Pens, buildings, corrals and yards other than open pastures shall not be closer than one hundred (100) feet to any street, highway or existing residential structure.
The CAFO shall be a minimum of one thousand (1,000) feet from a sinkhole, water supply wells or water supply reservoirs.
[1]
Editor’s Note: Ord. No. 16-0100 changed the title of this Section from “Agriculture-Related Feeding or Disposal (“LR-2”)” to “Agriculture-Related Feeding or Disposal (“RA-5”).”
Section 400.3070 Asphalt Plant, Concrete Batch Plant ("RA-5", "LR-2"). [1]
[Zoning Order §9.090, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(9.090 D), 7-30-2008]
A.
All applicable State and Federal regulations and laws shall be met.
B.
Minimum lot size is one (1) acre.
C.
The plant shall be at least seven hundred fifty (750) feet from a residential use in a residential zone. Separation requirements shall be measured from the actual asphalt plant operations area (including offices, parking and indoor and outdoor storage areas) to the residential structure.
D.
The use shall be totally enclosed by a solid wall at least eight (8) feet high or enclosed within a fire-proof building, unless located within an approved mining operation meeting the requirements of Section 400.3250.
E.
Applicants for new plants shall demonstrate that designated truck access routes to such new facilities will not be primarily through privately maintained streets in residential areas.
F.
The applicant shall provide to the County for approval an operating plan that includes at a minimum:
1.
The proposed hours of operation.
2.
An emergency management plan that identifies the steps to be taken in the event of a hazardous materials incident.
3.
An analysis of wind patterns in the area of the proposed development to be used in the evaluation of the potential impact of any noxious odors.
4.
The procedures to be employed to contain any dust generated through the operation of the plant.
5.
A storm water runoff management plan that shall result in the detention of all water runoff on site for a length of time that shall result in no contamination of adjacent streams and waterways with sludge.
Section 400.3080 through Section 400.3090. (Reserved) [1]
[1]
Editor’s Note: Former Section 400.3080, Automotive Parking Garage or Lot, Automotive Sale or Rental (“CC-2”) and Section 400.3090, Automotive Parts and Supply Store (“CC-2”), which derived from Zoning Order §§9.100 – 9.110, 4-2-2008, respectively, were repealed 1-4-2016 by Ord. No. 16-0100.
Section 400.3100 Automotive Service Station - Minor Repairs ("NC-1").
[Zoning Order §9.120, 4-2-2008]
A.
The automotive service station shall be located within five hundred (500) feet of a County classified principal street.
B.
Medium impact screening from the adjacent residentially zoned properties or existing residential use shall be required on site, according to Article XIV. No screening will be required when facing a street.
C.
Hours of operation shall be limited to 6:00 A.M. to 7:00 P.M. Monday through Saturday.
D.
Lighting shall be directed off the neighboring properties.
Section 400.3110 Boarding or Lodging House ("RA-5", "LR-2").
[Zoning Order §9.130, 4-2-2008]
A.
Shall not accommodate more than five (5) guests.
B.
Shall not be located within one thousand five hundred (1,500) feet of any other boarding or lodging facility.
C.
Cooking or food preparation in guest rooms shall not be permitted.
D.
Shall comply with all other applicable local, State and Federal requirements.
E.
Exterior alterations that would change the character of the building from that of a single-family residence shall not be permitted.
Section 400.3120 Boats, Recreation Vehicles and Maintenance Equipment Commercial Storage ("RA-5", "LR-2").
[Zoning Order §9.140, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
The storage of boats in Section 400.3170 is for boats in dry storage on land not in water or a marina setting.
1.
Site plan. A site plan shall be submitted that includes detailed information on access, driveways, parking spaces for employees and customers, storage areas and loading and unloading areas.
a.
Parking areas must meet the County's design requirements for parking facilities as specified within Article XII of this UDO.
b.
The site shall include an adequate off-street loading/unloading area.
c.
Boats or vehicles stored on site must be contained in an appropriately paved or gravel area separate from required parking spaces.
d.
No vehicles shall be parked in any landscape area on the property or within the street right-of-way.
e.
Driveways and roadway access shall be constructed and maintained in accordance with Article XVI of this UDO and as directed and approved by the County.
f.
Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
2.
Boats and recreation vehicles may be maintained on site, but shall not be repaired on site.
a.
All maintenance services shall be conducted entirely within an enclosed building.
b.
Maintenance facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way or any residential uses unless there is an intervening building or a minimum of a thirty (30) foot landscape buffer as defined in Article XIV of this UDO.
c.
No gasoline or fuel shall be sold or dispensed on the site.
4.
Signs shall comply with Article XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
5.
The site shall be maintained in a safe, sanitary, orderly condition which does not constitute a public nuisance or adversely affect adjoining properties.
a.
The maximum number of boats and recreational vehicles permitted shall be in accordance with the approved conditional use permit.
b.
All inoperable, dismantled or damaged vehicles shall be located entirely within a building at all times.
c.
The site shall meet all applicable landscape requirements in accordance with Article XIV of this UDO, incorporating landscape berms wherever possible.
d.
The site shall be attended on days of operation.
e.
The use of loud speakers or other exterior amplification devices shall be prohibited.
Section 400.3130 Building or Ground Maintenance - Landscaping ("NC-1").
[Zoning Order §9.150, 4-2-2008]
Section 400.3140 (Reserved) [1]
[1]
Editor’s Note: Former Section 400.3140, Business or Vocational School – For Profit (“CC-2”), which derived from Zoning Order §9.160, 4-2-2008, was repealed 1-4-2016 by Ord. No. 16-0100.
Section 400.3145 Composting Facility for Yard Waste ("RA-5 and "LR-2).
[Ord. No. 16-0100 §2, 1-4-2016]
A.
Composting facilities are conditional uses in the "RA-5" and "LR-2" residential zone districts. The purpose of these facilities is to receive yard waste and produce compost for the purpose of resale provided they meet the following conditions.
1.
Site plan. A site plan shall be required at the time of submittal of the application for the conditional use. The applicant or representative may produce the site plan. The site plan shall contain the following information.
a.
Dimension of the area to be used for the operation.
b.
Property boundaries if different from the operating area.
c.
Location of the compost piles.
d.
Location of any existing structures in the operating area.
e.
Location of any proposed structures.
f.
Distance to the property lines from the operation and all structures to be used for the operation.
g.
All rights-of-way and easements on the property.
h.
Structures off site that are less than two hundred (200) feet from the property line.
i.
Existing or proposed access to the operation.
2.
Lot. These facilities shall be located on parcels a minimum of two (2) acres in size.
3.
Hours of operation. The facilities may operate between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
5.
Buffers.
a.
A minimum of a fifty (50) foot buffer shall be required on all sides of the site where no residential structures are within two hundred (200) feet of the site.
b.
When located next to existing residential structures that are within two hundred (200) feet of the site, a one hundred (100) foot buffer shall be required.
6.
Screening.
a.
Screening shall be required when a residential structure is less than two hundred (200) feet from the site.
b.
Screening shall not be required when a residential structure is more than two hundred (200) feet from the site.
c.
When required, screening may consist of a fifty (50) foot natural buffer or a fifteen (15) foot planted buffer per the buffering requirement of Article XIV. A combination of natural and planted buffer may be approved by the Planning Division so long as the natural buffer is at least twenty-five (25) feet deep.
7.
Erosion and sediment controls. Site will be reviewed by the Stormwater Division to determine if erosion and sediment controls are needed.
B.
When the site plan has been approved and all required conditions have been met the operation may commence. All proposed structures must acquire a building permit before work on the structure may commence.
Section 400.3150 Clubhouse ("RA-5", "LR-2", "CC-2").
[Zoning Order §9.170, 4-2-2008]
A.
All parking areas shall meet the County's design requirements for parking facilities as specified within Article XII of this UDO.
B.
The use of permanent loud speakers or other exterior amplification devices shall be prohibited.
Section 400.3160 Convalescent, Nursing or Retirement Home ("RA-5", "LR-2", "CC-2").
[Zoning Order §9.180, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016[1]]
A.
The property shall have a minimum lot area of two (2) acres and shall have a minimum lot width of two hundred (200) feet;
B.
Not less than five hundred (500) square feet of lot area is provided for each patient/resident;
C.
Side yards shall be increased to double the side yard required in the district;
D.
The architecture of the facility shall maintain a residential character;
E.
If adequate buffers do not exist, buffers and screening shall be required per requirements of Article XIV;
F.
All adequate State licensing requirements must be met; proof of current State license shall be required; and
[1]
Editor’s Note: Ord. No. 16-0100 changed the title of this Section from “Convalescent, Nursing or Retirement Home (“RA-5”, “LR-2”)” to “Convalescent, Nursing or Retirement Home (“RA-5”, “LR-2”, “CC-2”).”
Section 400.3170 Country Club ("RA-5", "LR-2").
[Zoning Order §9.190, 4-2-2008]
A.
Site development plan approval is required prior to any construction or grading activities.
C.
All structures and the parking areas shall be set back at least one hundred (100) feet from all property lines.
D.
The architecture of the facility shall be compatible with the residential character of the neighborhood.
E.
Signage for the country club shall be limited to one (1) entrance monument not to exceed the sign regulations set forth in Article XIII.
F.
Any special event held on the premises shall be required to obtain a special event permit per Article XI.
G.
Alcohol consumption on the premise is allowed only if all State and local licensing requirements are met.
H.
Lighting shall be directed off the neighboring properties.
Section 400.3180 Day Care Center (Over Ten Persons) ("R-20", "R-10", "R-7").
[Zoning Order §9.195, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(9.195), 7-30-2008]
A.
A site plan shall be submitted that includes detailed information on the proposed building, access, driveways, parking, playgrounds and any other applicable use or features on the property.
B.
The property shall have a minimum lot area of fifteen thousand (15,000) square feet.
C.
Full site development will be required when any new construction is proposed on the property, including storm water detention.
D.
Low impact screening from the adjacent residentially zoned properties or existing residential use shall be required on site, according to Article XIV. No screening will be required when facing a street.
E.
Lighting shall be directed off the neighboring properties.
G.
Hours of operation shall be limited to 6:00 A.M. to 8:00 P.M. Monday through Saturday.
I.
Shall comply with all other applicable local, State and Federal requirements.
Section 400.3190 Dwelling, Single-Family Detached ("NC-1", "CC-2").
Section 400.3200 Group Home For Persons With Disabilities, Hospice or Special Care ("RA-5", "LR-2" and "R-40").
[Zoning Order §9.210, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(9.210), 11-12-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
Defined. "Group home facility for the disabled" is a residential facility for the care of individuals who, upon completion of a course of treatment that provides an extensive program for individuals, are in need of an interim structured living situation to allow for their resocialization and reintegration into community living or for permanent housing of developmentally disabled individuals. For purposes of this Section, a group home facility does not include:
1.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped resident persons; or
2.
Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
B.
A group home facility shall be subject to the following conditions and restrictions in the "RA-5" and "LR-2" Districts:
1.
The maximum number of persons in a facility shall not exceed ten (10) individuals and two (2) resident staff members;
2.
Parking shall be indicative of the neighborhood in which located;
3.
The facility shall be secondary to a facility operated and maintained by an organization that provides intensive treatment for individuals with mental or physical disabilities or a contract facility wherein the individuals remain under the jurisdiction of the County or the State or a facility operated for developmentally disabled;
4.
The property shall have a minimum lot area of two (2) acres;
5.
There shall be a minimum building size of two hundred fifty (250) square feet per resident and resident staff;
6.
There shall be no sign advertising the nature of the use;
7.
The facility shall not be used as a residence for sex offenders;
8.
At the time of original approval, no facility shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, nursing home, retirement home, school, church, a children's nursery or a day care home, however, the County Council shall have the authority to waive this requirement, provided that the facilities are separated by a County classified principal street, railroad track, major waterway or other comparable manmade or natural barrier; and
9.
The residential character of the structure shall be maintained.
C.
In determining whether to approve a conditional use permit for a group home facility for the disabled, the County Council shall consider each individual application in light of the above criteria, while taking into consideration that each application is to be evaluated on its own individual merit and that it may be appropriate to provide reasonable accommodations to the facility to address the housing needs of disabled individuals.
Section 400.3210 Gun Club, Skeet or Trap Shoot and Outdoor Target or Archery Range ("RA-5", "LR-2").
[Zoning Order §9.220, 4-2-2008]
A.
The facility shall be located on a parcel of at least five (5) acres.
B.
The conditional use permit shall have a five (5) year limit renewable by the County Council.
C.
There shall be thorough documentation demonstrating that all measures have been or will be taken to minimize any risk to adjoining properties stemming from the activities associated with the use of guns and/or archery equipment.
D.
The use shall not constitute a nuisance or be a hazard to life or property as determined by the County.
E.
A parking plan shall be submitted per Section 400.4040. Parking area(s) shall be able to accommodate at least sixty percent (60%) of the maximum design capacity of the facility. However, the County may place a more restrictive parking requirement on a case-by-case basis.
F.
Hours of operation shall be limited to one-half (½) hour after sunrise to one-half (½) hour before sundown seven (7) days a week for outdoor facilities.
G.
Lighting shall be directed off the neighboring properties.
H.
For firing ranges and archery ranges, a projectile-proof backstop, consisting of concrete, steel, earth or a combination thereof, at least fifteen (15) feet high shall be erected and maintained behind all target areas.
I.
The noise level shall not exceed sixty-five (65) decibels (dBA) at the property boundary.
Section 400.3220 Halfway House ("RA-5", "LR-2", "R-40").
[Zoning Order §9.230, 4-2-2008]
A.
A halfway house for parolees, prisoners or juveniles shall be subject to the following conditions and restrictions:
1.
Paving and screening of all parking area.
2.
No more than four (4) residents (excluding resident staff).
3.
No exterior evidence of such use and no sign advertising such use.
4.
The residential character of the structure shall be maintained.
5.
There shall be a minimum building size of three hundred (300) square feet for each resident and resident staff.
6.
At the time of original approval, no facility shall be located within one thousand (1,000) feet of another such facility or a group home or a convalescent center or a children's nursery or boarding home, school, church or a day care home. However, the County Council shall have the authority to waive this requirement if the facilities are separated by a County classified principal street, railroad track, major waterway or other comparable manmade or natural barrier.
Section 400.3230 Long-Term Care or Treatment Facility For Persons With Disabilities ("RA-5", "LR-2", "R-40").
[Zoning Order §9.240, 4-2-2008]
A.
The property shall have a minimum lot area of two (2) acres and shall have a minimum lot width of two hundred (200) feet;
B.
Not less than five hundred (500) square feet of lot area is provided for each patient/resident;
C.
Side yards shall be increased to double the side yard required in the district;
D.
The architecture of the facility shall maintain a residential character;
E.
If adequate buffers do not exist, buffers and screening shall be required per requirements of Article XIV;
F.
All adequate State licensing requirements must be met; proof of current State license shall be required; and
Section 400.3240 Mini-Storage/Mini-Warehouse Facility ("RA-5", "LR-2").
[Zoning Order §9.250, 4-2-2008]
A.
The use shall be conducted entirely within a non-combustible building or area surrounded on all sides by a fence, wall or approved alternative.
1.
Any such fence or wall shall:
a.
Have a height adequate to obscure all parts, supplies or other items from normal view of the public.
b.
Have a height of at least (8) feet.
c.
Have a uniform height, texture, color and be generally consistent with the character of the neighborhood.
d.
Be maintained so as ensure the health, safety and welfare of the public are preserved.
2.
Existing site features, which provide complete visual screening, may be approved as an alternative to constructing a new fence or wall.
C.
Site Plan. A site plan shall be submitted that includes detailed information on access, driveways, parking spaces for employees and customers, storage areas and loading and unloading areas.
1.
Parking areas must meet the County's design requirements for parking facilities as specified within Article XII of this UDO.
2.
The site shall include an adequate off-street loading/unloading area.
3.
Storage on the site must be contained in an appropriately paved or gravel area separate from required parking spaces.
4.
No vehicles shall be parked in any landscape area on the property or within the street right-of-way.
5.
Driveways and roadway access shall be constructed and maintained in accordance with Article XVI and as directed and approved by the County.
6.
Driveways, parking lots and loading/unloading areas shall be paved with an approved concrete or asphalt/concrete surface.
Section 400.3250 Mining ("RA-5", "LR-2").
[Zoning Order §9.260, 4-2-2008]
A.
Mining operations are permitted only as a conditional use in the "RA-5" and "LR-2" zoning districts.
1.
Permits.
a.
Open face quarry, sand or gravel pit for the purpose of removing, screening, crushing, washing or storage of clay, stone, gravel; concrete batching plant; asphalt plant; and related industries.
(1)
No permit shall be issued until the location, development plan and method of operation, including necessary structures, have been submitted to and approved by the Planning and Zoning Commission and County Council.
(2)
This operation shall make provision for the preservation or restoration of the ground surface and cover and it shall show on the development plan.
(3)
The conditional use permit has a five (5) year time limit, renewable by the County Council.
b.
Underground mine.
(1)
No permit shall be issued until the location, development plan and method of operation, including necessary structures, have been submitted to and approved in writing by the Planning and Zoning Commission and County Council.
(2)
The permit shall be for a limited period of time, not to exceed ten (10) years, renewable by the County Council and shall be subject to regulations and restrictions prescribed by the County Council.
2.
Prior to initiation of mining activities an application for a conditional use permit must be submitted that provides the following:
a.
Written stipulations that the activity will not have any harmful impacts on the environment (air, water, natural landscape), neighboring residents and businesses or to livestock;
b.
A specific development plan indicating the extent of the area proposed to be mined and time schedule for completion of mining operations;
c.
Information as to how the operation will be buffered and methods to assure that no harmful off-site impacts will occur;
d.
A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes;
e.
Information on hours of operation and procedures (on and off site) related to any on-site blasting that might occur and to the mining operation; and
f.
Plans and profiles describing any proposed subsequent use of the mined-out area.
3.
The removal area shall be completely enclosed with a fence not less than six (6) feet in height.
4.
An earthen berm shall be provided that shields all operations from ground level view along all property lines.
5.
Where underground mining is occurring beneath "RA-5", "LR-2", "PI" or "PM" zoned properties, the following conditions must be met:
a.
All surface access to an underground mine shall only be from "RA-5", "LR-2", "PI" and "PM" zone districts;
b.
No activities shall be conducted upon the surface of the mine or mined-out area, other than as permitted per plans in the "PI" and "PM" Districts;
c.
Exhaust air vents, air shafts or other surface features necessary and incidental to the underground operation shall be enclosed on four (4) sides to a height of at least eight (8) feet and these facilities shall not exceed forty-five (45) feet in height and be no closer than thirty (30) feet to any property line; and
d.
No noxious gas or fumes shall emanate from any exhaust air vent on the surface of such mine or mined-out area.
Section 400.3260 Penal and Correctional Institution ("RA-5").
[Zoning Order §9.270, 4-2-2008]
Section 400.3280 Recreational Facility or Area (Outdoor/Commercial) or Paintball Facility ("RA-5", "LR-2", "CC-2").
[Zoning Order §9.290, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016[1]]
A.
This includes an outdoor commercial recreation facility or area, such as an amusement park, a baseball or an athletic field, a race track or fairground with incidental concession facilities, picnic grounds, fishing, swimming, paintball and other types of commercial recreation facilities.
1.
Where the property adjoins land zoned or used for residential purposes, no building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of such boundary, unless topography or other factors justify a lesser setback.
2.
The design and layout of the facility shall be in a fashion that minimizes sound and light at the property line.
3.
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels, as measured at the property line.
4.
Outdoor lighting shall be designed so that light sources are not visible from adjacent property and shall include shields or cutoffs at the light source to redirect light away from such boundaries.
5.
Access to the property shall be directly from State or County streets and traffic generation and other effects will be handled so as not to adversely affect adjacent property.
6.
Landscaping, berming or fencing shall be provided to minimize adverse effects and in accordance with the provisions of Article XIV of this UDO.
7.
A permit may be issued for a specified period. If the permit is for a specified period of time, the County Council may renew the permit upon expiration.
[1]
Editor’s Note: Ord. No. 16-0100 changed the title of this Section from “Recreational Facility or Area (Outdoor/Commercial) or Paintball Facility (“RA-5”, “LR-2”)” to “Recreational Facility or Area (Outdoor/Commercial) or Paintball Facility (“RA-5”, “LR-2”, “CC-2”).”
Section 400.3285 Sawmill ("RA-5", "LR-2").
[Ord. No. 16-0100 §2, 1-4-2016]
A.
Sawmills are conditional uses in the "RA-5" and "LR-2" residential zone districts subject to the following conditions.
1.
Site plan. A site plan shall be required at the time of submittal of the application for the conditional use. The applicant or representative may produce the site plan. The site plan shall contain the following information.
a.
Dimension of the area to be used for the operation.
b.
Property boundaries if different from the operating area.
c.
Location of the material storage.
d.
Location of any existing structures in the operating area.
e.
Location of any proposed structures.
f.
Distance to the property lines from the operation and all structures to be used for the operation.
g.
All rights-of-way and easements on the property.
h.
Structures off site that are less than two hundred (200) feet from the property line.
i.
Existing or proposed access to the operation.
2.
Lot. These facilities shall be located on parcels a minimum of two (2) acres in size.
3.
Hours of operation. The facilities may operate between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday.
5.
Buffers.
a.
A minimum of a fifty (50) foot buffer shall be required on all sides of the site where no residential structures are within two hundred (200) feet of the site.
b.
When located next to existing residential structures that are within two hundred (200) feet of the site, a one hundred (100) foot buffer shall be required.
6.
Screening.
a.
Screening shall be required when a residential structure is less than two hundred (200) feet from the site.
b.
Screening shall not be required when a residential structure is more than two hundred (200) feet from the site.
c.
When required, screening may consist of a fifty (50) foot natural buffer or a fifteen (15) foot planted buffer per the buffering requirement of Article XIV. A combination of natural and planted buffer may be approved by the Planning Division so long as the natural buffer is at least twenty-five (25) feet deep.
7.
Erosion and sediment controls. Site will be reviewed by the Stormwater Division to determine if erosion and sediment controls are needed.
B.
When the site plan has been approved and all required conditions have been met the operation may commence. All proposed structures must acquire a building permit before work on the structure may commence.
Section 400.3290 Solid Waste Transfer Station ("RA-5", "LR-2").
[Zoning Order §9.300, 4-2-2008]
A.
The use shall be conducted entirely within a non-combustible building or area surrounded on all sides by a fence, wall or approved alternative.
1.
Any such fence or wall shall:
a.
Have a height adequate to obscure all parts, supplies or other items from normal view of the public.
b.
Have a height of at least (8) feet.
c.
Have a uniform height, texture, color and be generally consistent with the character of the neighborhood.
d.
Be maintained so as ensure the health, safety and welfare of the public are preserved.
2.
Existing site features, which provide complete visual screening, may be approved as an alternative to constructing a new fence or wall.
3.
Buildings shall be set back two hundred (200) feet from all property lines.
B.
Solid waste, storage bins, trailers or other items shall not:
D.
Site Plan. A site plan shall be submitted that includes detailed information on access, driveways, parking spaces for employees and customers, storage areas and loading and unloading areas.
1.
Parking areas must meet the County's design requirements for parking facilities as specified within Article XII.
2.
The site shall include an adequate off-street loading/unloading area.
3.
Solid waste must be contained in an appropriately paved or gravel area separate from required parking spaces.
4.
No vehicles shall be parked in any landscape area on the property or within the street right-of-way.
5.
Driveways and roadway access shall be constructed and maintained in accordance with Article XVI and as directed and approved by the County.
6.
All roads, driveways, parking lots and loading/unloading areas within five hundred (500) feet of any lot line shall be graded and paved with an approved concrete or asphalt/concrete surface.
7.
Entrances shall be provided on arterial or collector streets only with ingress and egress so designed as to minimize traffic congestion.
8.
Adequate space shall be provided on site to accommodate peak traffic volume and company vehicles.
9.
A traffic analysis shall be required.
E.
The site shall be maintained in a safe, sanitary, orderly condition which does not constitute a public nuisance or adversely affect adjoining properties.
1.
Steps shall be taken to ensure rubbish and garbage are not carried onto adjoining properties by the wind.
2.
The site shall meet all applicable landscape requirements in accordance with Article XIV of this UDO.
3.
The site shall be attended on days of operation.
4.
The use of loud speakers or other exterior amplification devices shall be prohibited.
5.
The use shall not be operated between sunset and sunrise.
F.
A storm water management plan shall be required at the discretion of the County.
H.
Signs shall comply with Article XIII of this UDO, unless otherwise specified.
[Ord. No. 16-0100 §2, 1-4-2016]
I.
The initial conditional use permit for a solid waste transfer station shall be effective for one (1) year.
1.
The conditional use permit may then be considered for renewal after one (1) year in accordance with the procedures for the original approval.
2.
A new time limit shall be set for the conditional use permit if it is renewed.
3.
A conditional use permit may be revoked if the County determines the use is not being operated in a safe, sanitary manner, is being operated in a manner that constitutes a public nuisance or is failing to comply with the required conditions of the conditional use permit.
Section 400.3300 Telecommunication Antenna Towers/Mounts ("RA-5", "LR-2", "R-40", "R-20", "R-10", "R-7", "NC-1", "CC-2").
[Zoning Order §9.310, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 15-0166 §2, 2-25-2015]
A.
The purpose of these standards is to establish general guidelines for the siting of communication towers and freestanding antenna mounts and antennas for commercial wireless telecommunications in any zone district.
1.
Goals.
a.
Encourage the location of towers, where necessary, in non-residential areas.
b.
Encourage the joint use of new and existing communication tower sites and other antenna mounts.
c.
Encourage users of communication towers, other antenna mounts and antennas, to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
d.
Encourage users of communication towers, other antenna mounts and antennas, to configure them in a way that minimizes the adverse visual impact of those structures.
e.
Enhance the ability of the County to ensure that wireless telecommunications services are provided to the community quickly, effectively and efficiently.
2.
Applicability.
a.
Antenna and antenna mount. An antenna and antenna mount, any portion of which is located within the County, shall be subject to this Article, except as otherwise provided herein.
b.
Utility poles. The provisions of this Article shall not apply to utility poles that are utilized for the support of electrical, telephone, cable television or other similar cables and wires, are located on public rights-of-way or easements for that purpose and are a part of a system of these poles throughout the County.
c.
Amateur radio, receive-only antenna. The requirements of this Section shall not govern any communication tower or the installation of any antenna that is:
d.
Pre-existing communication tower, other antenna mount and antenna. A pre-existing communication tower, other pre-existing antenna mount and pre-existing antenna that has an existing conditional permit shall not be required to meet the requirements of this Section, except upon expiration of that permit.
e.
Principal or accessory use. An antenna, a communication tower and antenna mount and equipment accessory to the same may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna, communication tower or other antenna mount and equipment accessory to the same on that lot.
f.
Parcel boundaries. For purposes of determining whether the installation of a communication tower or antenna complies with district development regulations including, but not limited to, setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within that lot.
g.
Non-conforming use. A tower or other antenna mount that is constructed or installed in accordance with the provisions of this Article, although additions to the property, shall not be deemed to constitute the expansion of a non-conforming use or structure.
3.
Zoning requirements.
a.
Conditional use permit. A communication tower shall be subject to a conditional use permit in accordance with the following considerations:
(1)
Height of the proposed tower;
(2)
Maximum distance of the tower from residential structures and residential district boundaries;
(3)
Utilization of surrounding topography to minimize visibility of the tower from existing and future residential areas and public streets;
(4)
Utilization of surrounding tree coverage and foliage to minimize visibility of the tower from existing and future residential areas and public streets;
(5)
Proposed ingress and egress; and
(6)
Compliance with other provisions of this Section.
b.
Accessory uses. Accessory uses shall include only these structures and equipment as are necessary for transmission and receiving functions and satellite ground stations associated with them and shall not include broadcast studios, offices, vehicle storage area or other similar uses.
c.
Administratively approved uses. The following uses are specifically permitted without a conditional use permit, subject to approval of the County:
(1)
Installing an antenna on an existing structure, other than a communication tower (such as a building, sign, light pole, water tower or other freestanding non-residential structure), provided that:
(a)
Such structure is not designated as a historic structure by the County Council;
(b)
The antenna does not extend horizontally from the side of the structure farther than the minimum necessary for attachment; and
(c)
Where the antenna extends horizontally from the side of a building, it is camouflaged by the use of materials, colors, textures or screening that will visually blend the antenna into the building.
(2)
Installing an antenna on any existing communication tower of any height, including the placement of additional structures or other supporting equipment used in connection with the antenna.
4.
Location and siting criteria.
a.
Setbacks.
(1)
Communication tower. A communication tower shall be set back from any property line a distance equal to the tower height less the maximum structure height for the zone district. This provision shall apply to the property lines of a lot, not to the boundaries of a leased area within the lot.
(2)
Communication tower supports. Guy anchors shall be at least ten (10) feet from any property line.
c.
Separation from other uses on subject property. Residential uses, commercial or industrial uses open to the general public, public and institutional uses utilized by the general public and parking lots open to the general public shall not be located within a distance of a communication tower equal to half the height of the tower.
d.
Exceptions. The County Council may reduce the requirements of this Section if the goals of this Section would be better served thereby.
5.
Design criteria.
a.
Capacity of communication towers. All communication towers over fifty (50) feet in height shall be designed to accommodate antennas for more than one (1) user.
b.
Lighting. A communication tower or other antenna mount shall not be artificially lighted unless such lighting is required by the FAA or other applicable authority. If lighting is required, the County Council may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Security lighting around the base of a communication tower or other antenna mount may be installed, if the lighting is shielded so that no light is directed toward adjacent properties or rights-of-way.
c.
Accessory structure characteristics. Accessory structures shall be in compliance with the requirements of this Article.
6.
Landscaping and security.
a.
Screening and buffering.
(1)
A communication tower facility shall be landscaped with a buffer of plant materials that effectively screens the view of the communication tower base and accessory structures from adjacent property that is residentially zoned or is a residential use. This may be waived where natural growth and land forms provide an equivalent buffer.
(2)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
c.
View of accessory equipment. Mobile or immobile equipment, not used in direct support of a wireless telecommunication facility shall not be stored or parked on the site of the facility, unless repairs to the facility are being made.
7.
Other governmental requirements.
a.
Federal requirements.
(1)
All wireless telecommunication facilities must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the Federal Government with the authority to regulate towers and antennas.
(2)
If these Federal standards and regulations are changed, then the owner(s) of the wireless telecommunication facility governed by this Article shall bring the facility into compliance with the revised standards and regulations within six (6) months of the effective date of the standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal agency.
(3)
Failure to bring a wireless telecommunication facility into compliance with these revised standards and regulations shall constitute grounds for the removal of the facility at the owner's expense. Any removal by the governing authority shall be in the manner provided in this Section.
b.
Building codes and safety standards.
(1)
To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the Building Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.
8.
Replacement of an existing communication tower. An existing communication tower may be replaced or expanded with a new tower or extension during the effective period of an existing conditional use permit for the existing tower. In addition, an existing communication tower without a conditional use permit may be replaced with a new tower or extension upon issuance of a conditional use permit. The replacement or extension shall be subject to approval of the County in accordance with the following:
a.
Height. Height of the new or expanded tower shall not exceed that of the tower originally approved for and constructed on the site by more than ten (10) feet or ten percent (10%) of the height of the existing tower, whichever is less.
b.
Setbacks. The new or expanded tower shall comply with setback requirements and shall be within a distance of the existing tower location not exceeding half the height of the existing tower.
c.
Accessory structures. Any changes to the appearance of existing accessory structures shall be subject to the Director's approval, to ensure that the current standards of the UDO are met.
9.
Required submittals.
a.
The applicant for an antenna mount shall submit a development plan and antenna mount elevations drawn to scale and a written report, with sufficient detail in each to show compliance with all provisions of this Section.
b.
Where required by the Director as essential to the evaluation of a proposed location, the proposed mounting of an antenna shall be shown by an accurately scaled photo simulation from not less than three (3) viewpoints approved by the Director.
Section 400.3310 Theater, Drive-In ("RA-5", "LR-2").
Section 400.3320 Recreational Vehicle Park ("RA-5", "LR-2").
[Zoning Order §9.330, 4-2-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010]
A.
A recreational vehicle park is a conditional use in the "RA-5" and "LR-2" zone districts and shall meet the following restrictions and conditions:
1.
Site criteria. The site selected for a recreational vehicle park area shall be well drained and primarily designed to provide space for short-term occupancy to the traveling public. Location of the site may not necessarily front on a County classified principal street, but it shall be directly accessible to the principal street by means of a private road or public road on which it has frontage.
2.
Site size and ownership. The minimum tract size shall be five (5) acres and must be in one (1) ownership.
3.
Density. The maximum number of recreational vehicle spaces allowed within the recreational vehicle park shall not be more than twenty (20) per acre.
4.
Space design. Minimum width of a trailer space shall be twenty-five (25) feet and it shall be so designed to provide space for parking both the trailer and towing vehicle off the roadway. No trailer unit shall be closer than twelve (12) feet to any other adjacent unit, structure or roadway and all spaces shall have direct access to the roadway. No unit shall be placed closer than thirty (30) feet to any of the property lines and this area shall be permanently maintained as a landscaped area.
5.
Common open space. The minimum open area required for a common use of the recreational vehicle park shall not be less than twenty percent (20%) of the gross area of the recreational vehicle park. Common open space shall be calculated as any open unoccupied area remaining after the dwelling spaces, buildings, roadways or streets, parking areas and the thirty (30) foot permanent perimeter areas have been deducted. This open space shall be landscaped or otherwise designed and made available for recreational use.
7.
Lighting. The park shall be provided with general outdoor lighting of entrance, restrooms and service buildings with a minimum of three-tenths (0.3) foot-candles of general illumination.
8.
Groundskeeping. All areas not used for roadways, parking or occupied by structures shall be maintained with ground cover.
9.
Central office. A central office with an attendant shall be provided within the recreational vehicle park.
Section 400.3330 Underground Space, Underground Storage ("RA-5", "LR-2", "PM").
[Zoning Order §9.340, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016[1]]
A.
Defined.
1.
An "underground space" is space located entirely beneath the ground surface, except for entrances or portals, ventilation shafts and equipment and surface utility easements.
2.
A conditional use permit for an underground space shall provide regulation of surface and underground (subterranean) uses that share the same vertical plane, but may be used differently than the ground surface.
B.
Uses. Underground space and storage require conditional use permits and must be approved by the County Council.
C.
The uses permitted on the surface above any underground space shall not be affected by the uses approved for the underground space.
D.
Access to the underground uses shall be by rights-of-way through non-residentially zoned lands.
E.
Underground or bulk storage of chemicals outdoors is prohibited, except for incidental storage in connection with testing services.
F.
Underground space shall be developed in accordance with the provisions of Section 405 of the 2003 International Building Code or most recent version. In addition to information required of all development plans related to above and below ground conditions and improvements, plans for underground space shall contain the following elements:
1.
Limits of the underground space;
2.
Locations, size, pattern and spacing of pillars;
3.
Location of existing and proposed portal entrances with a horizontal accuracy of plus or minus one (±1) foot;
4.
Areas of other mines directly adjacent (within one hundred (100) yards);
5.
Location of ventilation equipment and utility installations, which shall be screened from surrounding uses located within three hundred (300) feet away or contained in a structure that is architecturally compatible with surrounding development; and
[1]
Editor’s Note: Ord. No. 16-0100 changed the title of this Section from “Underground Space Underground Storage (“RA-5”, “LR-2”)” to “Underground Space Underground Storage (“RA-5”, “LR-2”, “PM”).”
Section 400.3340 Wineries - On-Premise Consumption/ Food/Reception ("RA-5", "LR-2").
[Ord. No. 16-0100 §2, 1-4-2016]
A.
Site development plan approval is required prior to any construction or non-crop grading activities. All utility easements shall appear on the site development plan.
B.
Access to the property shall be directly from State or County streets and traffic generation and other effects will be handled so as not to adversely affect adjacent property.
D.
Parking areas shall be screened from adjacent properties by vegetative screening a minimum of fifty (50) feet in width.
E.
Landscaping, berming or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of Article XIV of this UDO.
F.
All structures and parking areas shall be set back at least one hundred (100) feet from all property lines and all driveways shall be set back at least fifty (50) feet from all property lines.
G.
A sound amplification system or any other noise caused by the winery, food consumption or reception operations shall not exceed sixty-five (65) decibels as measured at the property line.
H.
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday and Saturday.
I.
Outdoor lighting shall be designed so that light sources are not visible from adjacent property.
K.
Alcohol consumption on the premises is allowed, however, all State, County and local licensing requirements shall be met.
L.
Restaurant facilities or food service shall be optional and any such facilities or service shall require the approval of the Jefferson County Health Department. No cooking or food preparation will be allowed in guest rooms.
M.
The winery shall comply with all requirements of the Code Enforcement Division, the local fire district, the Health Department and other public agencies exercising jurisdiction over the operation.
N.
The Fire Department, the Health Department and other County departments shall be permitted to perform inspections as in any other business.
O.
No sales shall occur along a County or State-maintained street and no merchandise shall be located within a street right-of-way.
Section 400.3345 through Section 400.3350. (Reserved) [1]
[1]
Editor's Note: Former Section 400.3345, Medical Marijuana Facilities and 400.3350, Specific Zoning Requirements By Medical Marijuana Facility Type, were repealed 3-30-2023 by Ord. No. 23-0177. Prior history incudes: Ord. No. 19-0418, 9-9-2019; Ord. No. 20-0406, 9-29-2020; Ord. No. 21-0558, 12-27-2021. Similar provisions can be found in Section 400.3600, et seq.
Section 400.3360 Specified Uses Permitted With Conditions.
[Zoning Order Art. 9, Div. III, 4-2-2008; Ord. No. 07-30-2008A §§1 — 2(Tbl. 9-1), 7-30-2008; Resolution 1-14-2010A Exh. A, 1-14-2010; Ord. No. 10-0145 §§1 — 2, 2-18-2010; Ord. No. 16-0100 §2, 1-4-2016; Ord. No. 23-0177, 3-30-2023]
A.
Table 9-1 below[1] cross references standard conditions to those uses identified in the applicable zone district(s). These standard conditions are considered minimum conditions and are listed following Table 9-1.[2] Conditions other than the standard conditions for the proposed permitted use are shown in Sections 400.3480 to 400.3600 for each applicable use. The Director shall place additional conditions, prior to permit issuance, as determined necessary from site evaluations.
 |
 |
B.
If a condition or conditions of a specified use permitted with conditions cannot be met, an applicant may apply and follow the procedure for a conditional use permit.
Section 400.3365 Site Development Required.
[Ord. No. 20-0406, 9-29-2020]
A site development plan shall be submitted for any use that is permitted with conditions. The site development plan shall comply with Sections 400.5300 through 400.5310 of this UDO and shall clearly demonstrate compliance with all applicable conditions as set forth in Sections 400.3360 through 400.3590 of this UDO. No conducting of use shall occur prior to approval and compliance with the required site development plan.
Section 400.3370 Buffer.
Section 400.3380 Screening.
[Zoning Order §9.390, 4-2-2008]
Screening shall comply with Article XIV of this UDO.
Section 400.3390 Lighting.
Section 400.3400 Parking.
[Zoning Order §9.405, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(9.405), 11-12-2008]
Parking shall comply with the Article XII requirements of this UDO, except for construction contractor (with machinery, equipment, storage), which may provide eight (8) inches of compacted rock instead of paved parking.
Section 400.3410 Hours of Operation.
[Zoning Order §9.410, 4-2-2008]
Hours of operation shall be from 6:00 A.M. to 6:00 P.M. Monday through Saturday unless otherwise specified in this Article or UDO.
Section 400.3420 Signage.
[Zoning Order §9.420, 4-2-2008; Ord. No. 16-0100 §2, 1-4-2016]
Signs shall comply with Article XIII of this UDO, unless otherwise specified.
Section 400.3430 Outside Storage.
[Zoning Order §9.430, 4-2-2008]
Where outside storage is permitted, such uses shall be located in the rear yard and a site-proof fence or natural screening shall be provided.
Section 400.3440 Building Height.
[Zoning Order §9.440, 4-2-2008]
Buildings shall not exceed thirty-five (35) feet in height unless otherwise specified.
Section 400.3450 Technical Studies.
[Zoning Order §9.450, 4-2-2008; Ord. No. 11-12-2008A §§1 — 2(9.450), 11-12-2008]
Those uses identified in Table 9-1 needing technical studies shall provide studies in accordance with Section 400.950, Submission of Technical Studies.
Section 400.3460 Yearly Inspections.
[Zoning Order §9.460, 4-2-2008]
Yearly inspections of the site will be conducted to assure that the use is in compliance with all conditions of approval.
Section 400.3470 Additional Conditions, Select Uses Permitted With Conditions.
Section 400.3480 Asphalt/Concrete Batch Plant, Rock Crushing (Temporary) (All Districts).
[Zoning Order §9.480, 4-2-2008]
A.
Temporary rock crushers, asphalt plants and concrete plants are permitted in all zone districts for the purposes of highway or subdivision construction, provided they meet the following conditions and submit a site plan to demonstrate compliance.
1.
Location.
a.
The Planning Division shall approve the site.
b.
At a minimum the plants shall meet the building setbacks of the zoning district.
c.
All plants shall be a minimum of two hundred (200) feet from any residential structure located on or off the site.
d.
Where rock crushers are located in a residential subdivision, they may only operate prior to any residential structures being occupied other than the display homes.
2.
Hours of operation. The plants may operate between the hours of 7:00 A.M. and 6:00 P.M. Monday through Saturday. Operation during time periods other than these may only be approved if required as a condition of a State or County construction contract.
3.
Access.
a.
When the plant is located on a parcel other than the right-of-way or in the subdivision where the work is to take place, the County shall approve access.
b.
Lighting at the access may be required when the plant operates at night.
c.
All access points shall be marked and signed as a construction entrance.
d.
Access through a private subdivision shall be avoided unless no other access point is available.
4.
Lighting. All lighting shall be directed onto the site and away from residentially zoned property.
5.
Material stockpiles and storage tanks.
a.
When the plant is located on a parcel other than the right-of-way or in the subdivision where the work is to take place, the County may require erosion control around the material stockpiles.
b.
Sediment ponds shall be installed for any washers that may be used during the batching operation.
c.
Storage tanks shall meet all DNR and EPA requirements prior to use and containment areas erected around the tanks to contain any spillage.
Section 400.3490 Bed and Breakfast, Homestay ("NC-1").
[Zoning Order §9.490, 4-2-2008]
A.
If located in an existing residence, the exterior residential appearance of the dwelling unit shall be maintained. If an addition is to be made to an existing residence or a new structure is to be constructed, building elevations shall be submitted for approval and a residential appearance shall be maintained.
B.
The maximum number of guest rooms shall be three (3).
C.
Parking areas shall be located on the side or rear of the property and shall be screened from adjacent residential properties by a solid screen fence or wall.
D.
Food service may be provided to guest rooms. No cooking or food preparation will be allowed in guest rooms. Approval for food service must be received from the Jefferson County Health Department.
E.
The bed and breakfast homestay shall comply with all requirements of the Code Enforcement Division, the local fire district, the Health Department and other public agencies exercising jurisdiction over the operation.
F.
The Fire Department, the Health Department and other County departments shall be permitted to perform inspections as in any other business.
G.
No person shall be an occupant of a bed and breakfast homestay for more than fourteen (14) consecutive days.
H.
In determining whether a bed and breakfast homestay is an appropriate use in the proposed location, the Commission and County Council may consider the following:
1.
Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property;
2.
Whether the use will adversely affect the existing use or usability of adjacent or nearby property;
3.
Whether the use is in conformity with the policy and intent of the Official Master Plan; and
4.
Whether there are existing or changing conditions affecting the use or development of the property that give supporting grounds for either approval or disapproval of the proposed use.
Section 400.3500 Bed and Breakfast Inn ("NC-1").
[Zoning Order §9.500, 4-2-2008]
A.
If located in an existing residence, the exterior residential appearance of the dwelling unit shall be maintained. If an addition is to be made to an existing residence or new structure is to be constructed, building elevations shall be submitted for approval and a residential appearance shall be maintained.
1.
The owner of the residence is not required to reside on the premises. If the owner does not live on the premises, a resident manager or resident employee shall be required.
2.
The maximum number of guest rooms shall be twelve (12).
3.
Parking areas shall be located on the side or rear of the property and shall be screened from adjacent residential properties by a solid screen fence or wall.
4.
Restaurant facilities or food service shall be optional and any such facilities or service shall require the approval of the Jefferson County Health Department. No cooking or food preparation will be allowed in guest rooms.
5.
The residence shall comply with all requirements of the Code Enforcement Division, the local fire district, the Health Department and other public agencies exercising jurisdiction over the operation.
6.
The Fire Department, the Health Department and other County departments shall be permitted to perform inspections as in any other business.
8.
No person shall be an occupant of a bed and breakfast inn for more than fourteen (14) consecutive days.
9.
In determining whether a bed and breakfast inn is an appropriate use in the proposed location, the Commission and County Council may consider the following:
a.
Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property;
b.
Whether the use will adversely affect the existing use or usability of adjacent or nearby property;
c.
Whether the use is in conformity with the policy and intent of the Official Master Plan; and
d.
Whether there are existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the proposed use.
Section 400.3510 Cemetery, Mausoleum, Crematory (Government and/or Church) ("R-20", "R-10", "R-7").
[Zoning Order §9.510, 4-2-2008]
A.
All State and Federal regulations and all related State and Federal requirements shall be met;
B.
The height of structures shall not exceed thirty-five (35) feet;
C.
Structures shall not be closer than one hundred (100) feet to any property line. An above ground mausoleum shall provide fifty (50) feet of vegetative buffer along the property lines adjoining other parcels, according to the vegetative buffer standards in Article XIV;
D.
The minimum lot size for a cemetery is fifteen (15) acres and the minimum lot size for a mausoleum without a cemetery is five (5) acres;
E.
No vehicle shall park on an access street and one (1) parking space is required per four hundred (400) square feet of sales or office area. Temporary parking on interior drives is permitted for grave site ceremonies;
F.
Hours of operation are from dawn to dusk; and
G.
Access shall be via a County or State-maintained road.
Section 400.3520 (Reserved) [1]
[1]
Editor’s Note: Former Section 400.3520, Composting Facility For Yard Waste (“RA-5”, “LR-2”), which derived from Zoning Order §9.520, 4-2-2008, was repealed 1-4-2016 by Ord. No. 16-0100.
Section 400.3530 Dwelling, Two-Family ("R-20", "R-10", "R-7").
[Zoning Order §9.525, 4-2-2008]
The minimum lot size for a two-family dwelling in the "R-20" zone district is forty thousand (40,000) square feet, the minimum lot size in the "R-10" zone district is twenty thousand (20,000) square feet and the minimum lot size in the "R-7" zone district is fourteen thousand (14,000) square feet.
Section 400.3540 Golf Course (With or Without Driving Range) ("RA-5", "LR-2", "R-40", "R-20").
[Zoning Order §9.530, 4-2-2008]
A.
Site development plan approval will be required before any grading or construction is permitted on the site.
B.
Lighting on the golf course and driving range shall be turned off by 10:00 P.M. It shall be directed off the neighboring properties.
D.
All structures and the parking areas shall be set back at least one hundred (100) feet from all property lines.
E.
The architecture of any building on the site shall be compatible with the residential character of the neighborhood.
F.
Signage for the golf course and driving range shall be limited to one (1) entrance monument not to exceed the sign regulations set forth in Article XIII.
G.
Any special event held on the premises shall be required to obtain a special event permit per Article XI.
H.
Alcohol consumption on the premises is allowed only if all State and local licensing requirements are met.
Section 400.3550 Indoor Gun, Skeet or Trap Shoot or Archery Range ("CC-2").
[Zoning Order §9.540, 4-2-2008]
A.
Site development plan approval is required prior to any construction or grading on the site.
B.
The facility shall be located on a parcel of at least two (2) acres.
C.
Structures shall not be closer than one hundred (100) feet to any property line. Fifty (50) feet of vegetative buffer shall be provided along the property lines adjoining other parcels, according to the vegetative buffer standards in Article XIV.
D.
All measures shall be taken to minimize any risk to adjoining properties stemming from the activities associated with the use of guns and/or archery equipment.
E.
The use shall not constitute a nuisance or be a hazard to life or property as determined by the County.
G.
Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M. seven (7) days a week.
H.
Outdoor lighting shall be directed off the neighboring properties.
I.
The noise level shall not exceed sixty-five (65) decibels (dBA) at the property boundary.
J.
All target areas shall be located within the indoor facility.
K.
No alcohol shall be allowed on the premises.
L.
The Fire Department, the Health Department and other County departments shall be permitted to perform inspections.
Section 400.3560 Kennel (Commercial) With Outside Runs ("RA-5", "LR-2") and Pet Day Care ("RA-5", "LR-2", "CC-2").
[Zoning Order §9.550, 4-2-2008]
A.
Commercial kennels are permitted in the "RA-5" and "LR-2" residential zone districts and pet day cares are permitted in the "RA-5", "LR-2" and "CC-2" zone districts provided they meet the following conditions and submit a site plan.
1.
Site plan. A site plan shall be required at the time of submittal of the application for the permit. The applicant or representative may produce the site plan. The site plan shall contain the following information.
a.
Dimension of the area to be used for the kennel.
b.
Property boundaries if different from the area to be used for the kennel.
c.
Location of the kennels and runs.
d.
Location of any existing structures on the site.
e.
Location of any proposed structures.
f.
Distance to the property lines from the kennels and runs if separate from kennels all structures to be used for the operation.
g.
All rights-of-way and easements on the property.
h.
Structures off site that are less than two hundred (200) feet from the property line.
i.
Existing or proposed access to the operation.
2.
The kennel and runs shall be located on parcels a minimum of two (2) acres in size.
3.
Hours of operation.
a.
The outdoor runs and boarding areas may operate seven (7) days a week and twenty-four (24) hours a day.
b.
Where indoor grooming is being performed and pet supplies are being sold, the structure containing this part of the operation may be open between the hours of 7:00 A.M. and 6:00 P.M. Monday through Saturday.
5.
Buffers.
a.
A minimum of a fifty (50) foot buffer shall be required on all sides of the site were no residential structures are within two hundred (200) feet of the site.
b.
When located next to existing residential structures that are within two hundred (200) feet of the site, a one hundred (100) foot buffer shall be required.
6.
Screening.
a.
Screening shall be required when a residential structure is less that two hundred (200) feet from the site.
b.
Screening shall not be required when a residential structure is more than two hundred (200) feet from the site.
c.
Where screening is required, it may consist of a fifty (50) foot wide wooded natural buffer or a twenty-five (25) foot planted buffer per the buffering requirement for commercial property in Article XIV. A combination of wooded natural and planted buffer may be approved by the Planning Division so long as the natural buffer is at least twenty-five (25) feet deep at which to the planted buffer may be reduced depending on the type and thickness of the natural wooded buffer.
B.
When the site plan has been approved and all required conditions have been met, the operation may commence. All proposed structures must acquire a building permit before work on the structure may commence.
Section 400.3565 Microbrewery/ Microdistillery ("CC-2").
[Ord. No. 16-0100 §2, 1-4-2016]
A.
A business shall be considered a microbrewery if its primary activity is the brewing and selling of beer, with an annual production of ten thousand (10,000) barrels or less. A business shall be considered a microdistillery if its annual production does not exceed fifty thousand (50,000) proof gallons per year.
B.
No more than seventy-five percent (75%) of the FAR shall be used for brewing and distilling, including but not limited to the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling, storage, fermentation tanks, conditioning tanks, and serving tanks.
C.
Alcohol consumption shall be allowed on the premises, however, all Federal, State, County, and local licensing requirements and regulations shall be met for production, sales, and service of alcohol.
D.
Restaurant facilities or food services are permitted and shall comply with all Federal, State, County, and local licensing requirements, including but limited to approval by the Jefferson County Health Department.
E.
The Fire Department, the Health Department, and other County departments shall be permitted to perform inspection as in any other business.
F.
No outdoor storage shall be allowed, including the use of portable storage units, cargo containers and tractor trailers.
G.
Site development plan approval is required prior to any construction or grading activities.
Section 400.3570 Recreational Lake ("RA-5", "LR-2").
[Zoning Order §9.560, 4-2-2008]
A.
No building or facility shall be nearer than one hundred (100) feet and no driveway or parking area shall be nearer than fifty (50) feet of a property line, unless topography or other factors justify a lesser setback as determined by the County.
B.
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at the property line.
C.
Outdoor lighting shall be designed so that light sources are not visible from adjacent property.
D.
Hours of operation shall be limited to one-half (½) hour after sunrise to one-half (½) hour before sundown seven (7) days a week.
E.
Access to the property shall be directly from State or County streets and traffic generation and other effects will be handled so as not to adversely affect adjacent property.
F.
Landscaping, berming or fencing shall be provided as required to minimize adverse effects and in accordance with the provisions of Article XIV of this UDO.
G.
Any special event held on the premises shall be required to obtain a special event permit per Article XI.
H.
Camping shall comply with all the requirements of State and County codes and the above conditions.
Section 400.3580 Retreat Facility ("RA-5").
[Zoning Order §9.570, 4-2-2008]
A.
Site development plan approval is required prior to any construction or grading activities.
B.
Access to the property shall be directly from State or County streets and traffic generation and other effects will be handled so as not to adversely affect adjacent property.
D.
Parking areas shall be screened from adjacent properties by vegetative screening a minimum of fifty (50) feet in width.
E.
All structures and the parking areas shall be set back at least one hundred (100) feet from all property lines and driveway(s) shall be set back at least fifty (50) feet from all property lines unless topography or other factors justify a lesser setback as determined by the County.
F.
Signage for the recreational retreat shall be limited to one (1) entrance monument or sign not to exceed the sign regulations set forth in Article XIII.
G.
Any special event held on the premises shall be required to obtain a special event permit per Article XI.
H.
Alcohol consumption on the premises is allowed only if all State and local licensing requirements are met.
I.
The design and layout of the facility shall be in a fashion that minimizes sound and light at the property line.
J.
A sound amplification system or any other noise caused by the operation shall not exceed sixty-five (65) decibels as measured at the property line.
K.
Lighting shall be directed off the neighboring properties. Outdoor lighting shall not be visible from adjacent property between 10:00 P.M. and daylight.
L.
The maximum number of guest rooms or cabins shall be limited to four (4) per acre, not to exceed fifty (50) in total.
M.
Restaurant facilities or food service shall be optional and any such facilities or service shall require the approval of the Jefferson County Health Department. No cooking or food preparation will be allowed in guest rooms. Cabins shall have approved wastewater disposal and potable water for cooking, food preparation, showers, sinks and toilets.
N.
The retreat facility shall comply with all requirements of State and County codes, the Code Enforcement Division, the local fire district, the Health Department and other public agencies exercising jurisdiction over the operation.
O.
The Fire Department, the Health Department and other County departments shall be permitted to perform inspections.
P.
No person shall be an occupant of a retreat facility for more than fourteen (14) consecutive days.
Q.
Camping shall comply with all the requirements of State and County codes and the above conditions.
Section 400.3590 Theater, Performing Arts ("CC-2").
[Zoning Order §9.580, 4-2-2008]
A.
A performing arts theater shall meet the following restrictions and conditions:
1.
Parking shall be adequate for the expected demand as determined by the Director or as verified with existing case studies presented by the applicant and acceptable to the County;
2.
Traffic volumes shall not exceed the anticipated street capacity or create impacts such as overloading intersections due to demand experienced with the performing arts center without mitigating such impacts to the County's satisfaction;
3.
Adequate access shall be provided that allows for safe pickup and drop-off of patrons without creating traffic disruption on adjacent streets;
4.
Outdoor lighting shall be designed so that light sources are not visible from adjacent property between 11:00 P.M. and daylight;
6.
The facility shall comply with all requirements of the State and County building codes and the local fire district; and
7.
Setbacks shall follow the requirements for the "CC-2" zone district.
Section 400.3600 Marijuana Facilities. [1]
[Ord. No. 23-0177, 3-30-2023]
A.
All marijuana facilities will be permitted with conditions in the indicated zone districts or require an approved development plan if located within a Planned Zone District, and shall comply with the following conditions:
1.
The marijuana facility shall comply with regulations issued by the Department of Health and Senior Services for marijuana facilities and/or the State of Missouri (collectively, the "State"). If State requirements are more restrictive than Jefferson County requirements, the State requirement applies.
2.
Site development plan approval is required prior to the commencement of use.
3.
The marijuana facility shall not allow on-site consumption of marijuana, marijuana-infused products or other intoxicants on the premises at any given time.
4.
The marijuana facility shall not have outdoor seating areas other than break areas for employees of the facility.
5.
A marijuana facility shall comply with the relevant zone district height, area, design and setback requirements and the following additional location restrictions: No marijuana facility shall be located within six hundred (600) feet of any then-existing elementary or secondary school, child day care center, church or place of worship or public park. This distance requirement shall be calculated according to the procedure set forth in the Missouri Constitution.
6.
A marijuana facility, other than a marijuana transportation facility, shall be located in a permanent building and shall not be located in a trailer, cargo container, or motor vehicle and the structure shall not be mobile or operate from a transitory location. A marijuana transportation facility shall follow the rules and restrictions set forth in the Revised Statutes of Missouri, the Code of State Regulations and any other associated rules and regulations promulgated by the State of Missouri.
B.
In addition to standard submittal requirements for permitted with conditions permits and/or development plans, applications for marijuana facilities shall include at a minimum:
[1]
Editor’s Note: Former Section 400.3600, Wineries – On Premise Consumption/Food/Reception (“RA-5”, “LR-2”, “R-40”), which derived from Zoning Order §9.590, 4-2-2008; Ord. No. 07-30-2008A §§1 – 2(Art. 9), 7-30-2008, was repealed 1-4-2016 by Ord. No. 16-0100.
Section 400.3610 Specific Conditions By Marijuana Facility Type.
[Ord. No. 23-0177, 3-30-2023]
A.
Marijuana Cultivation Facility ("RA-5," "LR-2" — outdoor cultivation only) ("CC-2," "PC," "PB," "NPI," "PI" — indoor cultivation only).
1.
Marijuana cultivation facilities shall only be permitted with an approved permitted with conditions permit or an approved development plan in the zone districts set forth in this Section.
2.
In addition to all other conditions and requirements set forth in this UDO, the following conditions shall apply to marijuana cultivation facilities:
a.
All drying, curing and storage of marijuana at a marijuana cultivation facility shall take place inside a completely enclosed permanent building with controlled access and shall not be located in a trailer, overseas or shipping container, or motor vehicle.
b.
No sales of marijuana may occur at a marijuana cultivation facility, other than to a fully licensed and permitted marijuana dispensary, infusion manufacturing facility or marijuana transportation facility. Distribution of marijuana may occur between facilities so long as it is entered into the State-Wide Track and Trace System.
B.
Marijuana Dispensary Facility ("CC-2," "PC," "PB").
1.
Marijuana dispensary facilities shall only be permitted with an approved permitted with conditions permit or an approved development plan in the zone districts set forth in this Section.
C.
Marijuana-Infused Products Manufacturing Facility ("CC-2," "PC," "PB," "NPI," "PI").
1.
Marijuana-infused products manufacturing facilities shall only be permitted with an approved permitted with conditions permit or an approved development plan in the zone districts set forth in this Section.
2.
In addition to all other conditions and requirements set forth in this UDO, the following conditions shall apply to marijuana-infused products manufacturing facilities:
a.
No retail distribution or sales of marijuana-infused products may occur at a marijuana-infused products manufacturing facility.