Overland, MO Zoning Ordinance

Section 400.270 Purpose.

[CC 1976 App. A §5.01; Ord. No. 2449 §1, 11-14-1988]

Unless otherwise stated, the regulations hereafter established shall apply within all districts established by this Chapter. These general regulations supplement and qualify the district regulations appearing elsewhere in this Chapter.

Section 400.280 Height Exceptions.

[CC 1976 App. A §5.02; Ord. No. 2449 §1, 11-14-1988]

Public And Semi-Public Buildings. In any district, public or semi-public buildings, such as hospitals, churches; sanitariums or schools, either public or private, there permitted, may be erected to a height not exceeding seventy-five (75) feet, provided that such buildings shall have yards which shall be increased one (1) foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

Structural Projections. Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, shall not exceed the height regulations of the district in which the structure is situated by more than fifteen percent (15%), except as indicated below.

Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article X of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.

Radio, television, and microwave transmission towers shall only be permitted as conditional uses upon sites located within the "M-1" Zoning District.

Section 400.290 Yard and Setback Exceptions.

[CC 1976 App. A §5.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2009-4 §1, 2-9-2009]

Commercial/Industrial Front Yards. In District "C-1" to "M-1" inclusive, where buildings located in the same block on the same side of a street have provided front yards of greater depth than herein required, the Planning and Zoning Commission may require a similar setback for buildings or structures constructed thereafter.

Determination Of Setbacks. In measuring a yard, the minimum horizontal distance between the proposed right-of-way line and the main building shall be used. The required setback line shall be measured from the proposed right-of-way line which shall be determined by the Director of Public Works. If a new or existing street is not defined by the adopted comprehensive plan, the required width of said street in question shall be determined by the Planning and Zoning Commission.

Structural Projections. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features, and eaves, provided however, that none of the above projections shall extend into a minimum yard more than thirty (30) inches; and provided further that balconies, canopies, or open porches having an area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard, and existing open porches extending into the required yard shall not be enclosed. Mechanical units are specifically excluded from this exception, whether attached or detached.

Fire Escapes/Balconies. An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four (4) feet from the building. Fire escapes, solid floored balconies, and enclosed outside stairways may project not more than four (4) feet into a required rear yard.

Accessory Buildings And Structures. (See Section 400.320, "Accessory Buildings and Structures".)

Sight Triangle. On a corner lot in any district, new commercial and industrial developments shall conform to the requirements of the site triangle which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points thirty (30) feet from their point of intersection or at equivalent points on private streets, except that the site (sight) triangle shall be increased for certain uses when deemed necessary for traffic safety by the City Council.

Commercial/Industrial Rear Yards. No rear yard shall be required in Districts "C-2" to "M-1" inclusive or any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

Through Lots. A through lot having one (1) end abutting a limited access highway, with no access permitted to that lot from said highway, shall be deemed to front upon the street which gives access to that lot.

Roof Overhangs. Roof overhangs projecting not to exceed twenty-four (24) inches, except that roof overhangs on the south side of a building may project forty-eight (48) inches into a side or rear yard, but no closer than forty-eight (48) inches to a property line.

Porches. Uncovered slab type porches or paved terraces and patios having a maximum height of not more than twelve (12) inches above ground elevation at any point may project into any yard except that the projection into the front yard shall not exceed ten (10) feet.

The replacement of an existing front porch shall be excluded from front yard setback requirements provided that the replacement front porch furnishes a front yard setback of no less than that of the existing front porch and the replacement is constructed of like or better materials.

Section 400.300 Area Regulations - Maximum Lot Coverage Calculations.

[CC 1976 App. A §5.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2025-07, 1-27-2025]

In computing the amount of lot coverage, the amount of coverage shall include the total area of all principal and accessory buildings and structures as measured along the outside wall at ground level or as viewed from above and includes all projections other than open porches, fire escapes, canopies or the first forty-eight (48) inches of a roof over-hang. For purposes of properties zoned as commercial, roads, driveways, parking lots, patios and in-ground swimming pools shall not be included in maximum lot coverage requirements; however, decks and above-ground pools shall be counted as part of the maximum lot coverage requirements. For residential properties, any lot coverage in excess of the lot coverage maximum as limited by the zoning district may be waived by the City Council as demonstrated by the applicant with stamped and sealed engineering plans showing the requirements outlined in 500.200, Residential Driveways and Parking Areas.

Section 400.310 Access Regulations.

[CC 1976 App. A §5.05; Ord. No. 2449 §1, 11-14-1988]

Access To Business And Industrial Districts. No land which is located in a residential district shall be used for a major access route to any land which is located in any business or industrial district; provided however, that this Section shall not prohibit pedestrian walks and driveway connections between residential districts and neighborhood shops when incorporated as a part of a planned district development.

Street Access. All lots shall abut a street other than an alley for a width of at least thirty-five (35) feet.

Section 400.315 Accessory Utility Uses and Facilities - All Districts.

[Ord. No. 2007-56 §2, 12-10-2007]

Every public utility, cable company, video services provider and other users of the City's rights-of-way or adjacent easements to provide services shall comply with the supplemental regulations in this Section regarding the placement of accessory utility facilities on public or private property. For purposes of this Section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below-ground facilities that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area and otherwise are customarily found in such areas. Except where limited by other provisions of City ordinance, accessory utility facilities shall be subject to the following supplementary regulations:

Approval — design — location — application — notice. The design, location and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a non-discriminatory manner, in conformance with this Section and subject to reasonable permit conditions as may be necessary to meet the requirements of this Section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the facility owner shall provide notice to all private property owners within one hundred eighty-five (185) feet of the location of the proposed construction, excavation or other work. Notice shall include detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration of the proposed work. Notice shall be given at least forty-eight (48) hours prior to the commencement of any such work. In considering individual applications or multiple location applications, the City shall review the request to ensure the proposed facilities do not impair public safety, harm property values or significant sight-lines or degrade the aesthetics of the adjoining properties or neighborhood and taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, accessory utility facilities subject to this Subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by Section 67.2707.1(3), RSMo., the time, method, manner or location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

General regulations. The following general regulations apply to all accessory utility facilities:

All such facilities shall be placed underground, except as otherwise provided in Subsections (3) and (4) herein or as approved by conditional use permit.

All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.

All facilities shall be deemed abandoned after six (6) continuous months of non-use and shall therefore be removed within thirty (30) days thereafter at the cost of the facility owner. Land from which abandoned facilities are removed, whether private or public property, shall be restored within thirty (30) days of removal by the facility owner or have costs of such remedies charged to the facility owner. The facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.

Unless otherwise restricted, utility poles for authorized above ground lines or facilities shall be permitted up to forty-five (45) feet in height where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.

Accessory utility facilities placed in designated historic areas or upon a historic structure may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.

Any damage to landscaping or vegetation on private or public property during installation or maintenance of facilities shall be remedied by the facility owner within thirty (30) days of such damage.

No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.

All accessory utility facilities not authorized by this Subsection or specifically addressed elsewhere in this Code shall be authorized only by a conditional use permit pursuant to Article X of this Chapter 400 of the City Code.

Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three and one-half (3½) feet in height and covering less than eight (8) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Non-residential districts. In non-residential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five (5) feet and covering less than sixteen (16) square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger utility facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities taller than three (3) feet in height or covering in excess of four (4) square feet in area. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the utility and approved by the City prior to installation of any facility requiring landscape screening. The utility shall be responsible for the installation, maintenance, repair or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property, and (2) more than two (2) residential dwelling units. Any required screening shall be completed within the timeframe set forth in the permit required under this Section or not less than thirty (30) days from issuance of the permit, if not otherwise stated.

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this Section shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.

Section 400.320 Accessory Buildings and Structures.

[CC 1976 App. A §5.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2009-20 §1, 8-10-2009; Ord. No. 2025-07, 1-27-2025]

No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. An accessory building attached to the principal building of a lot shall be made a structural part thereof and shall comply with the provisions of this Chapter. Accessory buildings, except garages, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings (except garages and recreational vehicle pads) must be located in the rear yard of a lot on the interior side.

Attached accessory buildings. Any accessory building which is structurally attached to, or located within ten (10) feet of, the principal building of a lot shall be considered part of the principal building and shall comply with all provisions of this Chapter pertaining thereto.

Detached accessory buildings and structures.

Height. In any district, a detached accessory building or structure shall not exceed twenty-five (25) feet or two (2) stories in height and shall not be higher than the main building.

Yard and area requirements. No detached accessory building or structure, except garages, shall be erected in any required front or side yard. Detached accessory buildings may be located in the rear yard but shall not occupy more than thirty percent (30%) of the rear yard area, except as otherwise regulated by this Chapter. No detached building or structure may be erected closer than three (3) feet to the rear or side lot line. In no case shall any accessory structure be located in a required transition strip or a recorded easement area.

Building bulk regulations. No accessory building or structure shall be larger in total area then twenty percent (20%) of the total building area of the principal structure on the lot.

Specific use regulations.

A property may have one (1) private residential garage of up to five hundred thirty (530) square feet in floor area, unless otherwise provided for herein shall be used only for the housing of passenger automobiles and may contain an accessory workshop use as regulated by this Chapter. An additional floor area of two hundred (200) square feet may be provided for each three thousand (3,000) square feet of lot area by which such lot exceeds six thousand (6,000) square feet in area.

Each residence within a Single-Family Zoning District shall be permitted one (1) accessory structure in excess of the private residential garage described above, to be utilized for storage purposes. Such additional accessory structure for storage purposes shall not exceed one hundred fifty (150) square feet in floor area.

No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the principal building upon the lot is also being used. However, nothing shall prevent the use of a temporary construction shed, or trailer, by a contractor during building construction in accordance with Section 400.340(B)(2).

Nothing herein shall be construed to exempt accessory buildings or structures described herein from the lot coverage requirements provided for in the subject parcel's applicable zoning district.

Satellite dish receiving antennas.

General.

(1)

No satellite dish receiving antenna shall be constructed in any front or side yard, but shall be constructed to the rear of the residence or main structure. In the case of a corner lot, the antenna shall be placed along the common lot line, rather than the street side of the lot and shall be so placed to maximize screening from the street.

(2)

No satellite dish receiving antenna, including its concrete base slab or other substructure, shall be constructed less than twelve (12) feet from any property line.

(3)

No ground-mounted satellite dish receiving antenna shall be constructed without appropriate evergreen landscaping to reasonably conceal said antenna from view. The proposed planting shall be in place and completed before any final approval is granted by the Director of Public Works.

(4)

All structural supports shall be of galvanized metal.

(5)

Wiring between the satellite dish receiving antenna and a receiver shall be placed at least four (4) inches beneath the surface of the ground within rigid conduit.

(6)

All satellite dish receiving antennas shall be designed to withstand a wind force of seventy-five (75) miles per hour without the use of supporting guy wires.

(7)

Any driving motor shall be limited to one hundred ten (110) volts maximum power design and be encased in protective guards.

(8)

All satellite receiving antennas shall be bonded to a grounding rod.

(9)

Antennas and screening shall be removed at the owner's expense upon termination or revocation of the required antenna permit.

(10)

Maximum heights and diameters according to single-family lot size in Zoning District are as follows:

District/Lot Size	Maximum Diameter (feet)	Maximum Height Above Ground Level (feet)
"R-1" through "R-4"	8	8
"R-5" and "R-6"	11	13
"C-1"	11	13
"C-2"	11	13
"M-1"	11	13
"PD" (Planned Development). For each use as they would fall under the standard categories above.

Residential districts.

(1)

A maximum of one (1) satellite dish receiving antenna shall be permitted per lot, and shall be permitted for the private, non-commercial use of that property owner only, and shall not be attached to receiving stations on any other lot.

(2)

The highest portion of a satellite dish receiving antenna may not exceed a grade height of twelve (12) feet above the ground, and in no case may an antenna be mounted upon the roof of any structure.

(3)

In the case of the "R-6" Condominium District and "R-5" Apartment District, one (1) master satellite dish receiving antenna may be permitted to service the entire development, subject to approval of the City Council.

Commercial districts.

(1)

Roof-mounting of satellite dish receiving antennas shall be permitted upon commercial and industrial buildings within the "C-1" Neighborhood Commercial District, the "C-2" General Commercial District, the "M-1" Manufacturing District, and the "PD" Planned Development District, provided that the antenna is placed in such a fashion as to not be visible from surrounding properties or the public street, subject to following criteria:

(a)

No satellite dish receiving antennas shall be mounted upon appurtenances such as chimneys, towers, trees, poles or spires.

(b)

The satellite dish receiving antenna shall be designed to withstand a wind force of eighty-five (85) miles per hour.

(2)

More than one (1) satellite dish receiving antenna may be permitted per commercial or industrial lot in the "C-1", "C-2", "PD" or "M-1" Districts.

Application for permit. Application for an antenna permit for a satellite dish receiving antenna shall be required and shall include the following:

(1)

A site plan showing the adjacent properties, antenna location including distances from the main structure of the lot and adjoining property lines, and proposed screening features.

(2)

A drawing or picture of the antenna with all pertinent dimensions.

(3)

A drawing of the method of installation, including footings and base supports.

Conformance to Building and Electrical Codes. In addition to the aforementioned construction performance standards outlined, construction and installation of the satellite dish receiving antenna shall conform to all requirements of the City's adopted Building and Electrical Codes.

Section 400.325 Specific Requirements for Places of Public Assembly.

[Ord. No. 2004-30 §3, 5-24-2004]

Unless otherwise required by law, places of public assembly may only be permitted, whether as a principal or accessory use, upon meeting the minimum standards set forth herein and no building or other permit shall be issued until a site plan has been reviewed and approved by the Planning and Zoning Commission for the specific location.

Places of public assembly, defined. See "DEFINITIONS", Section 400.060.

Occupancy limited. Places of public assembly shall only be permitted within independent, freestanding buildings upon independent lots. The place of public assembly shall be the principal use of the building and shall not be permitted within a multiple-use building.

Site design standards. The following site design standards shall be met by all places of public assembly:

Minimum lot area. The minimum lot area shall be adequate to provide the yard area necessary to accommodate all setbacks, transition yards and parking required by the proposed structure, but in no case shall it be less than one (1) acre in size.

Minimum lot width. The minimum lot width, at the street right-of-way line, shall be no less than two hundred (200) feet.

Minimum lot depth. The minimum lot depth shall be no less than two hundred (200) feet.

Setbacks.

(1)

Front yard. There shall be a front yard having a depth of no less than thirty (30) feet. On corner lots, the front yard requirement shall apply to both streets.

(2)

Side yard. There shall be a side yard on each side of the building of not less than twenty-five (25) feet.

(3)

Rear yard. There shall be a rear yard having a depth of not less than forty (40) feet.

Transition yard. Where a side or rear lot line coincides with a side or rear lot line of an adjoining residence, a landscaped yard of at least fifteen (15) feet in width shall be provided along such lot line. In addition, a masonry wall or solid fence at least six (6) feet in height shall be provided. In no instance shall the transition yard requirements be considered to be met by driveways, parking lots or other forms of impervious surface. At all times, the transition yard shall be maintained open to the sky and shall not be used for the storage of vehicles or equipment or as a location for accessory buildings.

Off-street parking. Off-street parking areas shall conform to all the regulations set forth in Article VII (including an approved site plan for parking, where required) with the exception that no off-street parking shall be permitted forward of the front building line of the proposed structure.

Lighting. Exterior lighting proposed for use on the site shall be planned, erected and maintained so that the light is confined to the subject property and will not cast direct light or glare upon adjacent properties. The light source shall not be higher than sixteen (16) feet and shall be restricted to high or low sodium type fixtures.

Signs. All signs on the site shall conform to the regulations set forth in Article XIV.

Other performance standards. The proposed site shall conform to all other regulations and performance standards set forth in this Chapter and not specifically discussed above.

Site plan required. A site plan and accompanying information, conforming to the requirements of Article IX, shall be submitted with each application for review and approval by the Planning and Zoning Commission.

Building and structures compatibility. All proposed buildings and structures shall be designed and constructed to take advantage of and be compatible with the character of existing structures in areas where a definite pattern or style of construction has been established as determined by the Planning and Zoning Commission.

Section 400.330 Home Occupations.

[CC 1976 App. A §5.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989; Ord. No. 2022-23, 11-14-2022]

Definitions. As used in this Section the following terms shall have the meanings indicated:

GOODS or SERVICES

Any merchandise, equipment, products, supplies, or materials or any labor performed in the interest or under the direction of others; specifically, the performance of some useful act or series of acts for the benefit of another, usually for a fee. Goods or services does not include real property or any interests therein.

HOME-BASED BUSINESS

Any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.

HOME-BASED WORK

Any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

HOME OCCUPATION

Either a no impact home-based business or resident(s) of the home performing home-based work meeting the narrowly tailored requirements of Subsection (B), General Restrictions And Limitations.

NO IMPACT HOME-BASED BUSINESS

Any home-based business:

Where the total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling; and

The activities of the business:

Are limited to the sale of lawful goods and services;

May involve having more than one (1) client on the property at one (1) time;

Do not cause a substantial increase in traffic through the residential area;

Do not violate the residential parking requirements set forth in Chapter 355, and elsewhere in the Municipal Code of the City of Overland;

Occur inside the residential dwelling or in the yard of the residential dwelling;

Are not visible from the street; and

Do not violate the narrowly tailored regulations in Subsection (B), General Restrictions and Limitations.

General Restrictions And Limitations.

Purpose. The requirements in this Subsection regulating home-based businesses and home-based work are enacted for the purpose of:

Protecting the public health and safety, including regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste, pollution, and noise control;

Ensuring that the business activity is compliant with City, State, and Federal law; and

Confirming that the business is paying applicable taxes.

Permitted When; Conduct Of Home Occupations. Home Occupations shall be permitted as an accessory use to a residential use in any residential district subject to the requirements of this Subsection:

The home occupation shall not occupy more than fifty percent (50%) of the total floor area of the dwelling. For purposes of this Subsection, "total floor area of the dwelling" shall not include basements, cellars, garages (whether detached or attached), attics, non-habitable portions of the residence or non-resident occupied habitable portions of the residence. In computing the total floor area used in a home occupation, the total floor area of any room or rooms, or if only one (1), the entire structure, where any activity of the home occupation is conducted or supplies, materials, inventory, or equipment is stored, shall be included in such computation.

The use of the dwelling for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by the occupant of the dwelling.

The home occupation shall not alter the residential character of the residential building by altering or modifying the exterior of the dwelling so as to indicate the presence of a home occupation.

The home occupation shall not create other visible evidence of conduct of the home occupation or clear indication of a commercial operation (including outdoor storage) visible from the street or that does not occur inside the residential dwelling or in the yard of the residential dwelling. However, the owner may provide a home occupation sign which is in conformance with Article XIV, Signs.

The home occupation shall comply with the requirements of Article VI, Environmental Performance Standards. In no case shall any equipment or process be used which creates visual or audible interference in any radio or television receiver located off of the lot on which such home occupation is conducted or which causes fluctuation in line voltage beyond the property line of the lot upon which the home occupation is conducted.

The home occupation shall not adversely affect the residential character of the surrounding neighborhood by allowing or causing, for example:

(1)

A substantial increase in traffic through the residential area; or

(2)

A regular and steady visitation or concentrated coming and going of clients or customers to or from the premises.

Parking generated by the conduct of a home occupation shall be provided off-street and in conformance with this Zoning Code. No automobile, other than those owned and registered in the name of the resident(s) on which lot such home occupation is conducted, shall be parked overnight or longer in any such off-street parking area

The total number of employees and clients on-site at one (1) time does not exceed the occupancy limit for the residential dwelling.

The conduct of a home occupation is personal to and limited to the resident of the lot on which the home occupation is being conducted. Upon sale or conveyance of such lot, the home occupation shall not continue to be operated by the previous owner from that location and such use for a home occupation shall terminate. This requirement shall not be construed as prohibiting the new owner of the property from pursuing any legally permissible home occupation in his/her own right.

A home occupation shall pay all applicable taxes and otherwise operate in compliance with applicable City, State, and Federal law.

No License Or Permit Required; Verification Of Payment Of Applicable Taxes.

A license is not required for home occupations nor any fee, but within sixty (60) days of establishing a home occupation the resident is asked to supply the City with: (1) a copy of their business's Missouri Tax I.D. number and, for home occupations selling goods at retail, a Statement of No Tax Due in accordance Missouri Statutes (Section 144.083.2 and 144.083.4, RSMo.); and (2) a written description of the home occupation, the percentage of the dwelling to be occupied by the home occupation, and the number of employees to be working at the home occupation who are not residents of the home, or any other information the Director of Community Development and/or Public Works deems necessary to ascertain compliance with applicable statutes, ordinances, or any other source of applicable law.

To ensure the proposed home occupation complies with the requirements of this Subsection (B), at the time the above information is supplied by the resident, the City shall supply the resident with a copy of this Section or a summary of its requirements. Upon receipt of the written description, the City shall verify for the resident that the home occupation complies with the foregoing requirements. Any change in the amount of floor area occupied by the home occupation as detailed in the original description, number of employees, or the type of home occupation should be followed by a submission of a revised description and review and approval in accordance with this Section to assist the resident in continued compliance.

Applicability. Nothing in this Section pertaining to home occupations shall be deemed to:

Prohibit mail order or telephone sales for home occupations;

Prohibit service by appointment within the home or accessory structure;

Prohibit or require structural modifications to the home or accessory structure;

Restrict the hours of operation for home occupations;

Restrict storage or the use of equipment that does not produce effects outside the home or accessory structure; or

Restrict or prohibit a particular occupation that is legal under the laws of the City, State, and United States.

Section 400.335 (Reserved). [1]

[1]

Editor's Note: Former Section 400.335, Clothing Drop Boxes, was repealed 6-26-2023 by Ord. No. 2023-12. Prior history includes Ord. No. 2011-22 and Ord. No. 2014-13. See now Art. XIX, Unattended Donation/Collection Boxes.

Section 400.340 Temporary Uses. [1]

[CC 1976 App. A §5.08; Ord. No. 2542 §1, 12-11-1989; Ord. No. 2004-30 §4, 5-24-2004; Ord. No. 2021-08, 5-10-2021; Ord. No. 2021-09, 6-28-2021]

Temporary Use Permit. The Director of Public Works is authorized to issue a permit for the following listed temporary uses within any Zoning District provided it meets the requirements of this Section. The permit shall be issued for the specified period of time and shall contain health, safety and traffic regulations. The Director of Public Works may require such assurances or guarantees of compliance with conditions as is reasonable and appropriate under the circumstances. All temporary uses not listed in this Section, as well as any request for any extensions beyond the specified time limit set by this Chapter or the Director of Public Works, shall be automatically referred to the Planning and Zoning Commission for review and approval.

Temporary Uses Permitted.

Christmas tree sales. Christmas tree sales in any commercial or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the applicable yard setback requirements provided that no display will encroach within the required yard setback for any district and no display or equipment shall be located within the thirty (30) foot sight triangle of a street or driveway intersection as defined in this Chapter.

Contractor's office. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within thirty (30) days after completion of the project development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development or after revocation of building permits, or on order by the Director of Public Works upon a finding by him/her that said temporary structure is deemed hazardous to the public health and welfare. A bond in the amount of one thousand dollars ($1,000.00) for their removal shall be posted with Overland.

Real estate offices. Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract after the passage of thirty (30) days from the date of the last transaction after ninety percent (90%) of the development has been sold, rented, or leased. A bond in the amount of one thousand dollars ($1,000.00) guaranteeing removal of any such temporary structure or facility shall be posted with Overland prior to commencement of use.

Temporary outdoor retail sales and displays. The temporary sale or display of goods or merchandise outdoors of a permanent place of business, by that business, for a period of greater than seven (7) days in duration, or greater in occurrence than four (4) times a year may be permitted provided that the goods or merchandise offered for sale shall not be placed in such a fashion as to occupy any required parking space, extend into any required yard setback, or obstruct the thirty (30) foot sight triangle of any driveway access or public street. Please note, "sidewalk sales" conducted outdoors of a permanent place of business, by that business for a period of seven (7) days or less, and which do not occur more often than four (4) times a year, shall be permitted without special approval by the Planning and Zoning Commission.

Temporary parking facilities. Recognizing that during certain seasons of the year temperature and/or weather conditions effectively prevent the surfacing of parking areas, the temporary use of gravel surfaced parking areas may be permitted for a specified period of time, provided that a bond or other form of surety acceptable to the City is provided to the City in the amount of one hundred percent (100%) of the estimated cost of the parking area improvement guaranteeing paving of the parking area for which the temporary permit is issued. In approving such a temporary permit, the Planning and Zoning Commission shall establish a deadline which is in its judgment is the shortest time period necessary to achieve the desired result.

Carnivals and circuses. A carnival or circus may be permitted in any Zoning District, but only upon approval of a conditional use permit in conformance with the requirements of Article X, and then only for a period that does not exceed one (1) week. Such use shall comply with the applicable yard setback requirements, and shall not encroach within the required yard setback for the district in which it is located.

Disasters. A mobile home may be permitted as a temporary use for the purpose of providing a residential or non-residential structure following a disaster, such as a fire, windstorm or flood as declared by the Mayor of the City of Overland, provided that the mobile home is located to minimize its impact on adjacent residential areas. Such mobile home shall be removed from its location within six (6) months after its original placement. However, the Commission may extend the period six (6) additional months upon showing of good cause by the owner.

Portable storage containers. Portable storage containers ("PSC") may be permitted as accessory uses in residential districts, subject to the following restrictions:

Portable storage containers may be placed in a residential district for no longer than thirty (30) days, provided that all setback and building line requirements are met and, provided further, that the PSC is placed on a paved surface or other surface approved by the Director of Public Works.

The Director of Public Works may permit the placement of a PSC on a driveway located in the front yard of a residence for a period not to exceed fifteen (15) days if the topography or dimensions of such lot do not allow for the PSC to be located within all setback and building lines.

The Director of Public Works may permit the placement of a PSC on a residential lot for more than thirty (30) days, subject to all building setback requirements, if the residence is under construction or reconstruction pursuant to a valid building permit or the if the lot owner has demonstrated that extenuating circumstances exist to justify the extension. Extenuating circumstances shall include, but are not limited to, disaster such as tornado, fire, flood or earthquake.

Signs on any PSC shall not exceed two (2) in number nor more than six (6) square feet each and shall not exceed one (1) per side. In the event that an extension of the original temporary permit's time limit for placement of a PSC is granted by the Director of Public Works, all signs must be removed or obscured.

All PSCs must display a "placard" not to exceed one (1) square foot in area which shall be clearly visible from the right-of-way and that includes the PSC's serial/rental number, date of its placement on the lot, date that removal is required and local telephone number of PSC provider and lot owner.

All PSCs must also meet the following requirements:

(1)

The PSC shall only be moved, loaded or unloaded between the hours of 7:30 A.M. and 6:00 P.M. Monday through Saturday;

(2)

The PSC shall not be used for living quarters;

(3)

The PSC shall not be used to store flammables, explosives, firearms or noxious chemicals;

(4)

The PSC shall not be externally illuminated or have any utilities connected to it; and

(5)

The PSC shall not exceed eighty (8) feet in height, eight (8) feet in width or twelve (12) feet in length.

Temporary Dwelling Structures. No cabin, garage, cellar, basement, or other temporary structure whether of a fixed or moveable nature may be erected, altered, or moved upon and used in whole or in part for any dwelling purposes whatsoever for any length of time whatsoever, except as permitted by Subsection (B)(7), above.

[1]

Cross Reference: As to Portable Storage Containers, Section 220.590; As to Temporary Dumpsters, Section 220.600.

Section 400.350 Land and Buildings.

[CC 1976 App. A §5.09; Ord. No. 2449 §1, 11-14-1988]

Number Of Buildings Permitted Per Lot.

Every single-family dwelling hereafter erected or structurally altered shall be located on a separate lot or tract. In no case shall there be more than one (1) detached single-family dwelling on one (1) lot or tract (except for accessory buildings or uses, as defined herein).

No accessory land use or development shall be established until a primary structure or use is established on the same lot. No accessory land use or development shall be allowed to continue after termination of the primary use or development on a lot.

In the event two (2) or more permitted, conditional or accessory uses are conducted on the same tract of land, each having a different minimum lot area requirement, the minimum lot area regulations for the combined uses shall be the largest of the required minimum areas for each of the particular uses.

Approved Lots. Every building or complex of buildings erected or structurally altered after November 14, 1988, shall be located on a lot that meets the requirements of both this Chapter and Overland Subdivision Regulations. The open space requirements for the district in which each lot is located must likewise be met.

Conversion Or Change In Occupancy Of A Single-Family Dwelling. In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted or changed to accommodate additional dwelling units or another use without first obtaining a conditional use permit. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by an approved conditional use permit and a detailed site plan approved by the Planning and Zoning Commission and the City Council, as provided in Article X, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.

Minimum Lot Size. Land dedicated to street right-of-way shall not be included in computing minimum lot area for the purposes of this Chapter.

However, if through dedication of street right-of-way, the area of any lot or parcel already established via the provisions of the Subdivision Regulations is decreased below the minimum area required in the applicable Zoning District, development rights shall not be denied.

Residential Construction Materials. In all residential districts within the City of Overland, Missouri, where forty-one percent (41%) or more of the residences on the same street of the street, between two (2) intersecting streets, are constructed such that the exterior walls, from the top of the foundation to the underside of the roof, including attached garages or storage areas, but excluding gable ends and dormers, are constructed of at least sixty-five percent (65%) brick, brick veneer, stone, stone veneer, or similar material, and not more than thirty-five percent (35%) frame construction, all new construction shall be built in the same fashion. Where brick, stone, or similar material is proposed as an exterior veneer, it shall be at least four (4) inches thick.

Section 400.360 Fences and Screen Plantings.

[CC 1976 App. A §5.10; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord. No. 92-58 §1, 11-9-1992; Ord. No. 2025-56, 12-8-2025]

Fence Permit Required. All fences or screen plantings shall require a fence permit. Applicants for a fence permit must file a written application with the Director of Community Development or his/her designee. Such application shall be submitted on the forms prepared by the City and shall contain the proposed dimensions and location of such fence or screen planting, the materials from which it is to be constructed or planted, and any other information deemed necessary by the Director of Community Development or his/her designee. If the proposed fence or screen planting appears to conform to the provisions of this Section, the Director of Community Development or his/her designee shall issue a fence permit. The following additional provisions shall apply depending on the nature of the proposed fence or screen planting.

New Fences. Applications for the installation of a new fence shall include a stamped and sealed boundary survey indication the location of the proposed fence.

Replacement Fences And Screen Plantings. Applications for the replacement of an existing fence or screen plantings are not required to include a stamped and sealed boundary survey indicating the location of the existing fence or screen plantings, unless required by the Director of Community Development or his/her designee.

Fence Permit Fees. Each application for a fence permit shall be accompanied with payment of a fee of thirty-five dollars ($35.00).

Inspections. There are two (2) inspections related to fence installation(s).

Pier/Footing Inspection. Upon completion of the fence post holes or footings, the property owner shall be required to schedule an inspection of the fence post holes or footings by the Director of Community Development or his/her designee.

Final Inspection. Upon completion of a fence, the property owner shall be required to schedule an inspection of the fence by the Director of Community Development or his/her designee.

Materials Of Fences And Screen Plantings.

Fences shall only be composed of decorative masonry (brick, stone, or textured and/or pigmented concrete), planed wood, vinyl, or chain-link (including vinyl coated chain-link), wrought iron, or steel. No fence, in whole or in part, shall be constructed of cloth, canvas, chicken wire, or other impermanent material.

Screen plantings shall be only composed of hedge or thick growth of shrubs. If larger forms of vegetative plantings are required to be planted in accordance with Section 400.450, such screen plantings may be made up of larger vegetation or trees expressly specified therein.

Sharp pointed fences, as defined in Section 400.060, are prohibited.

Stockade Fences. Stockade fences are prohibited in all zoning districts.

Manner Of Construction.

All fences shall be so constructed that the horizontal and vertical support posts are hidden from both the neighbor's and the general public's views as determined by the Director of Community Development or his/her designee to be applicable to the particular manner of construction proposed.

Electrical fence are prohibited with the exception of battery-charged fence and those fences buried/underground or invisible fences to the extent permitted by Section 67.301, RSMo.

No fence or screen planting shall impede or divert the flow of water through any property unless by proper investigation it can be shown to the satisfaction of the Director of Community Development or his/her designee that the fence or screen planting will not adversely impact any adjoining property owner and will contribute to an improvement in the overall drainage system.

All fences hereinafter erected in the City of Overland shall be erected so that the "rough" side or the construction material used shall be on the property-facing side, i.e., the rough side shall be so that the inhabitants or users of the property upon which the fence is erected shall see the rough side and the inhabitants or user of adjoining lots shall see the side that is most attractive and/or finished. In all respects, it shall be the interpretation of the Director of Community Development or his/her designee to determine appropriate direction for the "rough" side of the fence.

A new fence installation shall not abut an existing fence. When a new fence installation is proposed along a property line that parallels an existing fence, either the existing fence, with the fence owners' permission, shall be removed or the proposed new fence installation must be set back from the existing fence a minimum of two (2) feet. The two (2) foot area is for maintenance purposes and must have an access point between the fence(s), either an opening or a gate.

Location.

Front Yards. No fence shall be erected, constructed, or maintained within the required front yard of any lot, unless otherwise provided for in this Subsection (F). A fence for decorative purposes is permitted in front of the building line, so long as such fence is not higher than eighteen (18) inches above grade. Such fence for decorative purpose shall be no closer than two (2) feet from the front property line. Screen plantings may be located within a front yard but no higher than four (4) feet above grade and no closer than ten (10) feet to any public roadway or sidewalk.

Rear Yards. Fences or screen plantings may be erected, constructed, or maintained within the rear yard of all lots up to the property line except when abutting an existing fence as noted in Section 400.360(E)(5) of this Code. Screen plantings shall be constructed and maintained as provided for in Section 400.450 of this Code.

Side Yards. Fences may be erected, constructed, or maintained within the side yard area of all lots up to the property line except when abutting an existing fence as noted in Section 400.360(E)(5) of this Code. All screen plantings proposed to be located within a side yard shall be in accordance with Section 400.450 of this Code.

Corner Lots And Through Lots. Fences on corner lots and through lots may be located within the front yard area but shall only be located along the line created by the exterior wall of the principal building where the primary means of ingress and egress into the structure is made, and such fence may in no case be closer than five (5) feet to the property line. In all respects, the direction of the primary means of ingress and egress into the structure shall be the interpretation of the Director of Community Development or his/her designee.

Height.

Fences constructed of masonry (brick, stone, or textured and/or pigmented concrete), planed wood, vinyl, or a combination thereof shall not be constructed higher than six (6) feet above the surrounding grade.

Chain-Link Fences. All chain-link fences shall be governed by the following specifications:

Fences constructed of non-vinyl coated chain-link shall not be constructed higher than four (4) feet above the surrounding grade.

Fences constructed of vinyl coated chain-link shall not be constructed higher than five (5) feet above the surrounding grade; provided, however, vinyl coated chain-link fences may be constructed to a height of up to six (6) feet above the surrounding grade in the "C-1," "C-2," "M-1," "PD-R," "PD-C," "PD-M" and "PD-MxD" Zoning Districts.

Fences surrounding the immediate vicinity of tennis courts may be of chain-link construction but shall not exceed twelve (12) feet in height.

Screen plantings shall not exceed six (6) feet in height, unless otherwise required in Section 400.450 of this Code and such screen planting is located within a side or rear yard.

Special Fences. Notwithstanding the other requirements of this Section, special fences exceeding these requirements for those properties located in the "C-1," "C-2," "M-1," "PD-R," "PD-C," "PD-M" and "PD-MxD" Zoning Districts shall be subject to review and approval by the Planning and Zoning Commission, via site plan review, as to materials, construction, location, and height. Any and all requests for fences exceeding the requirements of this Section in all other zoning districts than those noted above shall be within the exclusive jurisdiction of the Board of Adjustment.

Maintenance. All fences, screen plantings, and masonry walls (such as retaining walls) shall be maintained in accordance with the provisions of the Building Code, the minimum property requirements found within the Maintenance Code, and in compliance with Chapter 225 on Nuisances. All fences shall be kept in good repair, and all wood, metal, and/or other approved material shall be protected from the elements against decay, rot, or rust by paint or other approved coating applied in a workmanlike manner. Screen plantings shall be kept trimmed and free from weeds, trash, and debris. Failure to maintain fences or screen plantings in accordance with this Section shall be a public nuisance in violation of Chapter 225 of this Code.

The provisions of this Section shall apply to all fences unless otherwise specified within the corresponding zoning district's regulations and performance standards of the lot.

Fences legally installed prior to adoption of this Section and not in conformity with this Section are hereby declared to be legal non-conforming accessory structures/uses; however, such legal, non-conforming fences shall be kept in good repair, structurally-sound, free from nuisances, and shall not be allowed to deteriorate to an unsightly condition.

Existing fences which require fifty percent (50%) or more replacement due to deterioration, nuisances, or otherwise, shall be required to conform with this Article.

Section 400.370 Coordination With Redevelopment Projects.

[CC 1976 App. A §5.11; Ord. No. 2449 §1, 11-14-1988]

Notwithstanding anything herein to the contrary, any applicant submitting a concept plan, development plan or redevelopment plan pursuant to Chapters 99, 100 or 353, RSMo., 1986, or such similar Statute providing for development or redevelopment within a municipality, shall be permitted to combine in a single preliminary plan or final plan, as the case may be, all of the information and data required under this Chapter and the requirements of the above-referenced redevelopment Statutes and the ordinances which may have been enacted in furtherance thereof. Applicable review, evaluation, recommendation and approval shall likewise be simultaneously made under this Chapter and the pertinent redevelopment ordinance and Statutes. Approval by the Planning and Zoning Commission and the City Council of a development plan, redevelopment plan or project plan, submitted pursuant to the aforementioned redevelopment ordinances and Statutes and in accordance with the procedural requirements of Article XII, "Amendments", herein, shall be deemed to be an amendment of the Zoning Code for that particular parcel, the regulations being those as imposed upon the plan and any conditions attached thereto, provided that such designation shall automatically terminate if the development or redevelopment is not completed in accordance with the plan requirements.

Section 400.380 Outside Storage.

[CC 1976 App. A §5.12; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §3, 12-11-1989]

The outside storage of any equipment, materials or goods in all Zoning Districts is prohibited except as authorized in Subsection (B) hereof.

The outside storage of any equipment, materials or goods in the "C-2", "M-1" and "MxD" Districts may be permitted, if at all, only upon issuance of a conditional use permit and subject to all such conditions imposed therein.

Section 400.385 Group Homes.

The exterior appearance of a group home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be within five thousand (5,000) feet of another group home.

Section 400.386 Limousine/Transportation Service.

[Ord. No. 2022-18, 9-26-2022]

No limousine, bus, van or other vehicle used to provide limousine or transportation services shall be parked in front of the front building line. Notwithstanding any other provision of this Code to the contrary, at least one (1) parking space shall be provided for each motor vehicle used to provide limousine or transportation services behind the front building line with sufficient dimensions for the motor vehicle used for that space. Adequate off-site parking/storage shall be required for any motor vehicle(s) exceeding the number for which such parking spaces are provided behind the front building line. No parking spaces may be rented or otherwise provided to other businesses. No motor vehicle sales, rental, leasing, service or repair activities are permitted as part of this use. The parking or storage of wrecked or damaged and immobilized motor vehicles is prohibited. Any application for a conditional use permit for a limousine/transportation service shall state the number of motor vehicles to be used to provide limousine or transportation service to be parked or stored on-site. Any conditional use permit issued for a limousine/transportation service shall include these supplemental district regulations.

Section 400.387 Solar Energy System Regulations.

[Ord. No. 2025-58, 12-8-2025]

Solar Energy Systems, as defined in Section 400.060, may be constructed as follows:

Accessory Use Only. Solar Energy Systems intended primarily to offset part or all of the customer-generator's own electrical energy requirements shall be an accessory use subject to the provisions of this Chapter 400.

Permit Required. All Solar Energy Systems shall require a building permit. Solar Energy Systems shall be permitted in all districts pursuant to a permit as provided herein:

Filing of an application for permit that is in the form as provided by the City and meets the requirements prescribed by Chapter 400:

Such form application shall at a minimum contain a survey or site plan detailing the location of the Solar Energy System whether such Solar Energy System is ground-mounted or roof-mounted and shall also indicate the location of overhead utility wires.

Submission of building and design plans for the Solar Energy System and including therewith a certification from a licensed Missouri engineer or architect that all such plans and design are in compliance with the Municipal Code of the City of Overland and all other applicable State and Federal requirements. Such certification shall also include details of the weight of each array per square foot and certifying that the roof has the structural integrity to carry the weight and wind loads of the Solar Energy System;

Payment of the applicable building permit fee in accordance with the Municipal Code of the City of Overland;

Other Permits. Nothing in this Section shall relieve the applicant from applying for and obtaining any other required local, State, or Federal permit, including applicable mechanical or electrical permits.

Location. The following regulations shall apply to all Solar Energy Systems:

Roof-Mounted Solar Energy Systems. A permit for a roof-mounted Solar Energy System may be granted if the application demonstrates compliance with the following location requirements:

Arrays shall terminate at least two (2) feet from the edge of the roof and the ridge of the roof on all structures.

Arrays shall be permitted on any pitched roof if the arrays are mounted flush or parallel to the roof plane. Parallel mounting shall be placed no more than eight (8) inches higher than the roof surface.

Arrays on flat roofs shall be screened from view by a parapet or other architectural feature that is compatible with the existing architecture and does not exceed the height and other requirements of the underlying zoning districts.

Ground-Mounted Solar Energy Systems. Ground-mounted Solar Energy Systems shall only be permitted within the "R-1" Single-Family Residential District, "R-2" Single-Family Residential District, "R-3" Single-Family Residential District and the "R-4" Two-Family Residential District subject to the following restrictions:

No ground-mounted Solar Energy System shall be operated prior to the residential structure or use on the lot commencing use or construction;

Ground-mounted Solar Energy Systems may only be located in the rear yard of the residential property. On a corner lot, ground-mounted Solar Energy Systems must be located in the rear yard of the lot on the interior side in accordance with Section 400.320(A);

Ground-mounted Solar Energy Systems shall not exceed seven (7) feet in height as measured from the average grade at the base of the structure to the highest point of the ground-mounted Solar Energy System;

Ground-mounted Solar Energy Systems shall have all exterior electrical and/or plumbing/stormwater lines connecting to a principal or accessory structure be located underground; and

Ground-mounted Solar Energy Systems must be substantially screened from public view (including adjacent properties and public rights-of-way) by primary or accessory structure walls substantial landscaping, or other architectural features or any combination thereof; provided, however, based exclusively upon topographical circumstances, that screening shall not be required to be so dense, so tall or so located as to render the equipment essentially non-functional, but under all circumstances the ground-mounted Solar Energy Systems must be substantially screened from public view.

Ground-mounted Solar Energy Systems shall not occupy more than thirty percent (30%) of the rear yard area and shall be included in any calculation of lot coverage and impervious surface unless specific stormwater mitigation plans are submitted and approved by the Director for such ground-mounted Solar Energy Systems.

Notwithstanding any specific zoning district's requirement regarding setback requirements for accessory structures, Ground-mounted Solar Energy System may be constructed no closer than five (5) feet to the rear or side lot line. In no case shall any Ground-mounted Solar Energy System be located in a required transition strip or a recorded easement area .

Building-Integrated Photovoltaic System. Building-integrated photovoltaic systems may be located on any roof plane or wall, in compliance with all zoning regulations of the applicable district, as well as Building Code requirements.

Glare. All Solar Energy Systems shall be installed to avoid concentrated radiation heat or glare onto neighboring properties or traffic. The energy absorbing components of the system shall be of a non-glare material.

Maintenance. The Solar Energy System shall be maintained at all times in good, safe, working condition including free of any deterioration rust, or exposed wiring. All Solar Energy Systems shall remain free of high grass, weeds, and noxious overgrowth. Failure to keep such Solar Energy Systems in compliance with this Section shall be considered a nuisance subject to Chapter 225 of this Code.

Safety Disconnect. The electric disconnect for all Solar Energy Systems shall be located near the electric meter on the exterior of the building being served (or other location as approved by the Director in consultation with the Community Fire Protection District). The electric disconnect shall be clearly identified to facilitate emergency operations by the City and the Community Fire Protection District.

Advertisement. A Solar Energy System shall not be used to display advertising. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the Solar Energy System provided that the signage is not for advertising purposes.

Site Inspection. Upon completion of installation of a Solar Energy System the contractor and/or property owner shall contact the City for a final inspection of the installation. The Solar Energy System cannot begin operating until it has received approval from the City. The inspections are for the purpose of verifying that an installation is Code compliant, but in no instance shall such approval waive any other applicable governmental approval regarding electrical and fire safety requirements.

Abandonment. Any Solar Energy System that is out of service for a period of six (6) months will be considered abandoned and must be removed within sixty (60) days.

Overland City Zoning Code

ARTICLE V