Permanent shelters, pens or cages shall be located at least fifty (50) feet from any property line.

The shelter, pen or cage shall have a concrete floor and be maintained in a sanitary condition.

Fowl shall not be kept for commercial or resale purposes or so as to cause a public nuisance.

Only hens may be kept on residential property. Roosters are prohibited. In residential lots of seven thousand (7,000) square feet or less, the maximum number of hens that may be kept is eight (8). One (1) additional hen is permitted for each two thousand (2,000) square feet of lot area greater than seven thousand (7,000) square feet to a maximum of twelve (12) hens.

Hens shall not be kept for commercial or resale purposes. Hens and eggs may not be sold nor may they be advertised for sale.

Hens shall be confined in a run (enclosure) by a fence meeting the following specifications:

A chicken coop shall be located within or adjacent to the fenced confinement area described in Section 400.400(C)(3). No more than one (1) chicken coop may be located on a lot. The chicken coop shall be structurally sound and meet the following specifications:

The run (enclosure) and chicken coop may be located within a rear yard setback for the residence provided the following setbacks are maintained:

Both the fenced confinement area and the coop shall be maintained as to not pose a threat to the public health, safety or welfare or to cause a public nuisance. No material from the confinement area or coop shall run off onto adjoining property. Any manure or waste shall be collected and properly removed from the premises or tilled into the soil on the premises promptly and regularly to prevent offensive smells or conditions conducive to diseases.

Food for hens shall be stored in a sanitary, leak-proof container that cannot be contaminated by rodents or insects.

Chickens shall not be slaughtered at any location on the property where the slaughtering may be observed from another property or a street or alley.

All waste resulting from the slaughtering of chickens must be disposed of so as not to create a threat to public health and safety, and not produce obnoxious or foul odors or create a public nuisance.

Front yard setback: fifty (50) feet.

Side yard setback: ten (10) feet, except twenty (20) feet where adjoining a residential zoning district.

Rear yard setback: ten (10) feet, except twenty (20) feet where adjoining a residential zoning district.

Pump islands:

Pump island canopies:

All discarded tires, parts, trash and similar objects shall be stored within a masonry enclosure, a minimum of six (6) feet in height, in the rear half or, in the case of corner sites, the rear quarter of the site.

When abutting any residential district, automobile service station sites shall be fenced with a decorative brick, stone masonry or wood wall or fence a minimum of six (6) feet in height.

All grease racks shall be contained within the building.

Entry to grease racks shall be on the side, away from any public street.

Any necessary business license shall be obtained pursuant to the requirements of the City of St. Charles Finance Department.

Other types of occupation or professions may be permitted within the building where the bed-and-breakfast establishment is located, subject to the City's home occupation regulations.

Maximum Floor Area Allowed.

No non-family person shall be employed.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

There shall be no exterior display except as permitted herein, no exterior storage of materials and no other exterior indication of the bed-and-breakfast establishment or variation from the residential character of the building.

No machinery or equipment shall be installed which interferes with radio or television reception and which is not customarily incidental to the bed-and-breakfast establishment.

One (1) unobstructed off-street parking space shall be provided for each available bedroom in the bed-and-breakfast establishment. The Director of Community Development may grant a variance if it can be shown that adequate parking already exists.

No additions shall be added to the residence to establish this use.

No lodger shall be rented a room for longer than seven (7) consecutive days.

No meals may be served, except for breakfast and/or brunch.

Meals may be served only to overnight guests.

The owner/occupant is required to maintain a guest register which shall be available for inspection by the City.

Shall only be located within the "EHP" Extended Historic Preservation District superimposed district.

In addition to any applicable permits/licenses, an annual short-term rental permit shall be required for every short-term rental and renewals of said permit shall be due prior to the last business day in December every year. The fee for said permit shall be approved by City Council.

Shall be subject to and shall comply with all requirements of City and State building, fire safety and occupancy codes and limits.

No occupancy of a short-term rental shall occur in any location except within the primary structure.

Total short-term rentals within residentially zoned areas shall be limited to no more than three-twentieths of one percent (0.15%) of the total housing units in the City as identified by the most recent decennial census.

Parking shall be provided in accordance with Section 400.670; however, modifications to this standard may be approved by the City Council via a conditional use.

A yearly safety inspection is required for every short-term rental property. Failure to receive and pass a yearly safety inspection is grounds of renovation of any permit for the short-term rental.

The owner of any short-term rental property shall apply and obtain a business license from the City before renting or advertising the availability of the short-term rental. Failure to maintain an active business license will be grounds for revocation.

The owner of the short-term rental property shall submit the following information on the application form provided by the Department of Community Development, which shall include, at a minimum, the following information: (a) the name, address, email address, and telephone number of the owner of the short-term renal property; and (b) such other information as the City deems reasonably necessary to administer this Section.

Any false statements or false information provided in the application for a short-term rental property shall be grounds for permit revocation or imposition of penalties as outlined in Section 400.1890.

The owner shall use reasonable, prudent business practices to insure that the short-term rental property is used in a manner that complies with all applicable Statutes, ordinances, rules and regulations pertaining to the use and occupancy of the short-term rental.

The name, address and telephone number of a local contact person who shall be available twenty-four (24) hours a day, seven (7) days per week, for the purpose of responding within forty-five (45) minutes to complaints regarding the condition, operation or conduct of occupants of the short-term rental property or their guests, shall at all times be kept on file with the City.

The owner or local contact shall upon notification that any transient, occupant or guest of the short-term rental property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed a violation of any applicable law, ordinance, rule or regulation pertaining to the use and occupancy of the short-term rental property, respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner or local contact to respond to such calls or complaints regarding the condition, operation or conduct of the occupants and/or guests of a short-term rental property in a timely and appropriate manner shall be grounds for revocation of the permit and shall subject the owner to all administrative, legal and equitable remedies available to the City.

The owner or local contact shall use reasonably prudent business practices to insure that the occupants and/or guests of a short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct or violate any applicable law, ordinance, rule or regulation pertaining to the use and occupancy of the short-term rental property.

No amplified or reproduced sound shall be used outside or audible from the property line of any short-term rental property between the hours of 10:00 P.M. and 10:00 A.M.

In order to ensure compliance and compatibility with the surrounding land uses, each short-term rental shall be affixed with an operable noise monitoring device. Said device shall notify the tenant and property owner of any noise deemed unreasonable. Said device shall be documented/inspected and in good working order prior to the issuance of any occupancy for the short-term rental.

No short-term rental shall be rented more than one (1) time between the hours of 6:00 P.M. and 6:00 A.M. in any twenty-four (24) hour period.

Prior to the rental of a short-term rental, the owner shall:

The dwelling unit shall be a single-family, two-family dwelling or multi-family dwelling.

No short-term rental property shall be within five hundred (500) feet of another short-term rental property located within a residential zoning district, unless otherwise permitted by this Section.

A yearly safety inspection is required for every short-term rental property. Failure to receive and pass a yearly safety inspection will render the conditional use and/or permit, as applicable, null and void.

Failure to receive or maintain a valid business license for the short-term rental property will render the conditional use and/or permit, as applicable, null and void.

All existing residential short-term rentals shall be required to comply with all applicable standards listed within this Section.

The Director of Community Development or designee or the Chief of Police or designee are responsible for enforcement of this Section.

The Director of Community Development is authorized to suspend or revoke occupancy permits as appropriate for violation of this Section. Appeal of a permit suspension or revocation shall be in accordance with Section 605.240 pertaining to business licenses.

Upon request by the Director of Community Development or designee or the Chief of Police or designee, the owner shall provide access to the short-term rental property and to any records related to the use and occupancy of the short-term rental property during normal business hours for the purpose of determining compliance with this Section.

Standards. Home occupations shall conform to the following standards:

Specific Examples Permitted. Permitted home occupations include, but are not limited to, the following list of occupations:

Specific Examples Prohibited. The following uses are specifically prohibited as home occupations:

Permit, Application And Issuance.

Permit Revocation. Whenever the Director of Community Development determines that a permit holder has violated any of the standards contained within this Section, the Director may initiate the following revocation proceedings.

Minimum lot size: two (2) acres.

Minimum setback requirements measured from building line to property line: fifty (50) feet.

Maximum building height:

Sites shall front upon a collector or arterial street.

Fences shall not be less than six (6) feet nor greater than ten (10) feet in height.

Fences shall be designed and constructed in compliance with existing building codes.

Fences and/or greenbelts shall be used to shield contents of such businesses from view of public streets or residences.

Fences shall be properly maintained at all times.

In no instance shall slatted chain-link fencing be installed.

Provide for the appropriate location and development of telecommunications facilities and systems to serve the citizens and businesses of the City;

Minimize adverse visual impacts of communications antennas and support structures through the careful design, siding, landscape screening and innovative camouflaging techniques;

Maximize the use of existing and new support structures so as to minimize the need to construct new or additional facilities;

Maximize the co-location of facilities on any new support structures;

Ensure that any new telecommunications tower or structure is located in an area compatible with the neighborhood or surrounding community to the extent possible;

Ensure that regulation of telecommunications towers and structures does not have the effect of prohibiting the provision of personal wireless services and does not unreasonably discriminate among functionally equivalent providers of such service.

On February 8, 1996, Congress enacted the Federal Telecommunications Act of 1996 P.L. No. 104-104. The purpose of the Act included deregulation of the telecommunications industry and providing a more competitive environment for wired and wireless telecommunication services in the United States.

The Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction and modification of towers and antenna support structures and to protect the health, safety and welfare of the public.

The City has been granted the authority to enact legislation to regulate the construction, placement and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89, RSMo., as amended, State Statute and additionally pursuant to its general and specific police powers established by Statute authorizing the regulations herein to protect the public health, safety and welfare.

The Federal Communications Commission (FCC) has exclusive jurisdiction over:

Consistent with the Telecommunications Act of 1996, the regulations of this Section will not have the effect of prohibiting the provision of personal wireless services and do not unreasonably discriminate among functionally equivalent providers of such service. The regulations also impose reasonable restrictions to protect the public safety and welfare and ensure opportunities for placement of antennas with prompt approval by the City. The Section does not attempt to regulate in areas within the exclusive jurisdiction of the FCC.

The uncontrolled proliferation of towers in the City is threatened without adoption of new regulations and would diminish property values, the aesthetic quality of the City and would otherwise threaten the health, safety and welfare of the public.

The requirements set forth in this Section shall be applicable to all telecommunications towers, antennas and other support structures installed, built or modified after the effective date of this Section to the full extent permitted by law.

Building Codes, Safety Standards And Zoning Compliance. The design for a telecommunications tower shall bear the seal of a structural engineer licensed and in good standing with the State of Missouri. The structural engineer shall certify that the tower has been designed such that in the event of structural failure, it shall only fall on the property upon which it has been erected and shall not fall on any neighboring property. To ensure the structural integrity of antenna support structures, the owner shall see that it is constructed and maintained in compliance with all standards contained in applicable State and local building codes and the applicable standards published by the Electronics Industries Association, as amended from time to time. In addition to any other approvals required by this Section, no antenna, tower or support structure shall be erected without verification of zoning compliance and issuance of a building permit.

Regulatory Compliance. All antennas and support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other State or Federal agency with the authority to regulate communications antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within the time period mandated by the controlling agency. No approval for any placement, construction or modification of any antenna or structure permitted by this Section shall be granted for any applicant having an uncured violation of this Section or any other governmental regulatory requirement related to such antenna or structures within the City.

Security. All antennas and support structures shall be protected from unauthorized access by appropriate security measures. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of a building permit or conditional use permit as deemed necessary by the Commission or by the City Council.

Lighting. Antennas and support structures shall not be lighted unless required by the FAA or other State or Federal agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application to install, build or modify the antennas or support structure. Equipment cabinets and shelters may have lighting only as approved by the Commission or by the City Council as part of the conditional use permit approval.

Advertising. Except for a disguised antenna support structure in the form of attachment to an existing and otherwise lawfully permitted pylon sign, the placement of advertising on structures regulated by this Section is prohibited.

Design.

Renewable energy systems shall be permitted in residential, commercial and industrial zoning districts as outlined below.

This Section shall apply to all renewable energy systems installed or modified after the effective date thereof.

Any upgrade, modification, or structural change that alters the size or placement of an existing renewable energy system shall comply with the provisions of this Section.

The following minimum requirements apply to all solar energy systems. All solar energy systems shall:

Minimum Requirements For Ground-Mounted Solar Energy Systems.

Minimum Requirements For Roof-Mounted Solar Energy Systems.

Building-Integrated Photovoltaic Systems.

All small-wind energy systems shall:

Only closed-loop ground-source heat pump systems utilizing heat transfer fluids (as defined) are permitted. Open-loop ground-source heat pump systems are prohibited.

Setbacks.

Approval by the Community Development Department is required for all renewable energy systems prior to the issuance of a building permit. The following information shall be submitted to the Community Development Department:

Renewable energy systems lawfully installed and operable prior to the effective date of this ordinance (April 7, 2020), are exempt from the requirements of this Section unless:

The temporary retail sales use shall obtain a conditional use permit as recommended by the Planning and Zoning Commission and as approved by the City Council. In reviewing the conditional use permit application, the following criteria and standards shall apply:

Natural Disaster Or Other Health And Safety Emergencies. Temporary uses and structures that may be necessary as a result of a natural disaster or other health and safety emergencies, as determined by the Mayor, shall be permitted for the duration of the emergency or a maximum of sixty (60) days.

Display Area.

This Subsection (E) shall in no way be deemed to authorize the outdoor display of salvage material or any other items not ordinarily allowed for sale in the corresponding zoning district in which the use is situated.

The provisions of this Subsection (E) shall not apply in the "HCD" Historic Commercial District, the "SMPD" South Main Preservation District or "LMPD" Landmark Preservation District.

The requirements of Subsection (E)(1)(a) through (g) may be modified if the Planning and Zoning Commission recommends and the City Council approves a conditional use permit granting the modification in accordance with the following criteria:

Permit Required.

Standards For Special Event Permits.

Other Requirements.

Denial Of Special Event Permit. The Director of Community Development shall have the authority to deny a special event permit application based on incomplete information or if, in the opinion of the Director of Community Development, the proposed special event will have a negative impact on the health, safety and general welfare of the community. In addition, the Director of Community Development may deny a special event permit application if the applicant has failed to comply with the requirements of any previously issued special event permit.

Appeals Of Permit Denial. An applicant may appeal a denial of a special event permit within ten (10) days of the decision by the Director of Community Development to the City Council. The City Council shall, at its next regularly scheduled Council meeting at least ten (10) days after the applicant's appeal to the City Council, consider the facts relevant to the denial of the permit and either shall uphold the denial or reverse the decision of the Director of Community Development.

Merchandise may be displayed outdoors only when the business is open to the public. In no case shall merchandise be displayed overnight.

Merchandise displayed outdoors must be available for purchase or rent inside the business.

A clear and unobstructed path at least forty-four (44) inches wide must be maintained on the sidewalk adjoining the business at all times.

Merchandise may not encroach upon parking spaces or driveways. Merchandise may be displayed in a front, side or rear yard, provided that:

Merchandise may not obstruct sight distance for vehicular or pedestrian traffic, and it may not be located within five feet of a bus stop, fire hydrant, pedestrian crosswalk or handicapped corner curb cut. Merchandise may not obstruct pedestrian or vehicular access to the curb.

Merchandise, whether individual items or stacked items, may not exceed four (4) feet in height above grade.

Merchandise affixed to the building may be located only on the front (street facing) facade and may not occupy more than ten percent (10%) of the total square feet of the building's front facade. Clothing or wearable goods may only be displayed on freestanding body forms [as delineated in Subsection (G)(9) of this Section] and not hung or attached to any portion of the front facade, including, but not limited to, shutters, doors and windows.

No sales may take place outside the place of business, and all transactions must take place indoors except during the Festival of the Little Hills. During the Festival of the Little Hills, sales may take place outside the business on private property during the posted event hours. [See Condition No. 12 in Subsection (G)(12).]

Not more than two (2) body forms made of wood, wire or metal may be displayed outside a business, provided that the merchandise displayed on the body form is representative of at least fifty percent (50%) of the stock offered for sale and provided that all other conditions of this Section are observed. Body forms may exceed the maximum height of four (4) feet, but in no case shall they exceed six (6) feet in height. Under no circumstances may clothing racks, hat racks or tables be displayed outside.

Merchandise may not be displayed on a public right-of-way without a right-of-way encroachment license from the City.

Tents made of any material may not be used except during the Festival of the Little Hills. [See Condition No. 12 in Subsection (G)(12).]

During the Festival of the Little Hills, merchants that normally operate in the SMPD may display merchandise outside on the sidewalk adjacent to their premises or private property without approval of the Festival Committee set forth in Code Section 125.810, provided that the merchandise displayed is normally offered for sale and provided that all conditions of this Section are observed. Merchants that do not normally operate in the SMPD may display merchandise outside, provided that they obtain the approval of the Festival Committee and display merchandise only in the location authorized by the Festival Committee. Tents no larger than ten (10) feet by ten (10) feet [one hundred (100) square feet] may be used for the outdoor display of merchandise only during the Festival of the Little Hills.

Deviations from these conditions may be allowed only with a conditional use permit reviewed by the Planning and Zoning Commission and approved by the City Council per the procedure in Section 400.961(A). The application fee for a conditional use permit in this case shall be thirty-five dollars ($35.00).

Sidewalk cafes are restricted to the sidewalk frontage of the building where the restaurant is located. The design of sidewalk cafes shall be so that there is a free flow of pedestrian access on the sidewalk.

No sidewalk cafe permit shall be issued where the tables and chairs would be placed within five (5) feet of bus stops, fire hydrants, non-pedestrian alleyways, a pedestrian crosswalk or a handicapped corner curb cut.

Sidewalk cafes shall be located in such a manner that a distance of not less than forty-four (44) inches is maintained at all times as a clear and unobstructed pedestrian path between the curb line or the lateral line of a street and the adjacent property line or shall comply with the American with Disabilities Act requirements, whichever is greater.

No object shall be permitted around the perimeter of an area occupied by tables and chairs which would have the effect of forming a physical or visual barrier discouraging the free use of the tables and chairs by the general public or which would have the effect of obstructing the pedestrian path. Exceptions to this requirement may be granted by the City Council through the approval of a right-of-way encroachment license when sidewalk cafes are located on street right-of-way used solely for pedestrian traffic, provided, that adequate walkway space, as determined by the City Engineer, is provided for pedestrian traffic.

Tables, chairs, umbrellas and other permissible objects provided within the sidewalk cafe shall be of quality, design, materials, size, elevation and workmanship both to ensure the safety and convenience of users.

Umbrellas and other decorative material shall be fire-retardant, pressure-treated or manufactured of fire-resistant material.

Tables, chairs, umbrellas and other permissible objects provided with a sidewalk cafe shall be maintained with a clean appearance and shall be in good repair at all times.

The permit may be transferred to a new owner only for the location and area listed on the permit. The transferee of the permit shall be required to comply with this Section, Section 400.500, applicable insurance requirements and execute a right-of-way encroachment license.

The Mayor may require the temporary removal of sidewalk cafes for special events, or when street, sidewalk or utility repairs necessitate such action.

The Mayor may order the immediate removal or relocation of all or parts of a sidewalk cafe in emergency situations or for safety considerations, without notice. The City and its officers and employees shall not be responsible for sidewalk cafe fixtures relocated during emergencies.

The permittee shall use positive action to ensure that its use of the sidewalk in no way interferes with sidewalk users or limits their free, unobstructed passage.

The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it and all sidewalk frontage of the restaurant for which the permit is issued, shall be maintained in a neat and orderly appearance at all times by the permittee. The area shall be kept clear of all debris. The permittee shall also be responsible for cleaning the ground or floor surface on which the sidewalk cafe is located and the gutter area immediately adjacent to the sidewalk cafe. Such cleaning shall include pressure cleaning. If the area covered by the permit is not maintained in a neat and orderly appearance after five (5) days' written notice, the City may then take steps necessary to place the property in a neat and clean order and charge the permittee with the reasonable cost of repairs. Such action by the City does not create a continuing obligation on the part of the City to make further repairs or to maintain the property and does not create any liability against the City for any damages to the property if such repairs were completed in good faith.

No tables, chairs or any other parts of sidewalk cafes shall be attached, chained or in any manner affixed to any tree, post, sign or other fixture, curb or sidewalk in or near the permitted area.

Sidewalk cafe seating shall be included when determining the requirements for parking and bathroom facilities of the restaurant.

No cooking or fire apparatus shall be allowed on the public sidewalk whether or not such area is covered by this permit.

Only the sidewalk cafe equipment specifically shown on the approved site plan drawing referenced in Section 400.500(B)(5) shall be allowed in the permit area. The estimated chair count per table may vary within the prescribed area, provided that the chairs remain within the approved sidewalk cafe area. No permanent storage of chairs, tables, dishes, silverware or other sidewalk cafe equipment shall be allowed in the permit area, in any portion of the public right-of-way or outside the structural confines of the building in which the restaurant is located; however, the permittee may maintain such non-permanent structures as rolling service stations in the permit area during hours of operation.

There shall be no live entertainment or speakers placed in the permit area unless approved and properly permitted by the City.

The City shall, as deemed necessary, inspect all sidewalk cafes for which permits have been issued to determine whether such sidewalk cafes conform to the criteria set forth in this Subsection.

The hours of operation for a sidewalk cafe shall be from the start of business until 11:00 P.M. or thirty (30) minutes after last food service, whichever is earlier, unless the sidewalk cafe is completely enclosed by fencing or barricades in which case the hours of operation for the sidewalk cafe shall cease at 1:00 A.M.

Section 600.100 of this Code, which prohibits drinking in public places, shall not be enforceable against patrons of a duly permitted sidewalk cafe so long as open containers of alcohol remain within the sidewalk cafe's premises and are only available for consumption during the sidewalk cafe's hours of operation.

The name, address and telephone number of the applicant;

The name and address of the restaurant;

A copy of a valid occupancy permit for the building where the proposed sidewalk cafe will be located;

A copy of a current certificate of insurance in the following categories and amounts:

A detailed site plan, including, but not limited to, the following:

Plans for the operation of the sidewalk cafe including, but not limited to, hours of operation, maintenance of the sidewalk cafe and services to be provided; and

A right-of-way encroachment license in the form required by the City and signed by the applicant.

The applicant has failed to comply with any of the submission requirements contained in this Section;

The sidewalk cafe, as the applicant represents how it will be operated, fails to comply with the criteria set forth in this Section or the conditional use permit requirements of Section 400.980(J);

Any information submitted by the applicant is found to be incorrect; or

Staff review indicates that the sidewalk cafe would create an obstruction to or cause congestion of pedestrian or vehicular traffic due to existing conditions on the surrounding public right-of-way so as to represent a danger to the health, safety or general welfare of the public. In the event the Department of Community Development denies a permit, the applicant may within ten (10) days of the date of the denial appeal the denial to the City Council. Notice of denial shall be sent to the applicant by United States mail, certified mail, return receipt requested at the address shown on the permit application. Upon an appeal of the denial of a permit, the Department of Community Development shall prepare a report to the City Council. The Council shall hear the appeal in no less than ten (10) days' notice to the applicant. The Council may affirm or reverse the decision of the Department of Community Development.

Effective Period. Each permit shall be effective for one (1) year subject to annual renewal as provided below.

Hold Harmless Provision. Both the permit and the right-of-way encroachment license shall include an explicit hold harmless provision holding the City harmless from any and all liability arising out of the issuance of a sidewalk cafe permit, execution of the right-of-way encroachment license and the operation of the sidewalk cafe.

Site Plan Controlled. The permit shall be specifically limited to the area shown on the exhibit attached to the application and made part of the permit. The right-of-way encroachment license shall be specifically limited to the area described in the permit and right-of-way encroachment license or any attached exhibits.

Any necessary business or health permit has been suspended, revoked or canceled;

Permittee does not have insurance which is correct and effective in the minimum amount as required in this Section;

Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the sidewalk cafe. Such decisions shall be based upon findings that the existing conditions represent a danger to the health, safety or general welfare of the public;

Permittee fails to maintain or keep the sidewalk safe and clean; or

Permittee has failed to correct violations of the City Code of Ordinances within five (5) working days of receipt of the official's notice of same delivered in writing to the permittee. Upon revocation or suspension of a permit, the Department of Community Development shall give notice of such action to the permittee in writing stating the action which has been taken and the reason therefor. The revocation or suspension shall become effective within fifteen (15) days following receipt of the notice by the permittee unless appealed as provided in this Code.

Shall be placed on a solid surface;

Shall not be placed on public streets or in the right-of-way, except in case of when no driveway is present, containers may be stored upon the public right-of-way with permission of the Department of Engineering;

Not placed on a driveway shall be set back at least five (5) feet from the property line; and

Shall not be situated in front of a residential structure's windows or doors so as to impede ingress or egress from the structure in the case of an emergency.

Permit Length. The maximum length of a temporary tent permit shall be thirty (30) days. Additional time shall only be granted through the approval of a conditional use permit.

Frequency. One (1) permit per calendar year shall be issued per commercial business. In the case of multiple-tenant buildings, only one (1) permit shall be allowed at any one time. Additional permits may be granted through the approval of a conditional use permit.

Site plan or location map drawn to scale showing the placement of the tent;

Location of on-site parking facilities; and

Size of tent.

Shall not be located within any required yards or buffer areas;

Shall not be located within the sight triangles for any intersections, public or private;

Shall not reduce the available parking spaces below what is required for the site through the Zoning Code;

Shall be located upon a paved surfaced area;

Are subject to any applicable building or Fire Department codes or regulations;

All signage must comply with the sign regulations; and

May be subject to additional conditions as deemed necessary to protect the public health, safety and welfare by the City of St. Charles.

Shall be placed on a paved surface behind the back of the building, between the side yards;

Shall not be placed on public streets or in the right-of-way;

Shall not be situated on a parking lot in such a way that it reduces the minimum number of available parking spaces required by City ordinance;

Shall not create a traffic hazard or cause an obstruction to the flow of customer traffic or service vehicles, including, but not limited to, delivery vehicles and solid waste collection trucks; and

Shall be maintained in a clean and orderly condition, kept free of trash and debris and be locked and secure at all times except when being accessed by authorized personnel.

Use. No accessory building shall be used for a dwelling.

A detached accessory building shall not be erected in a required front yard, except on a double frontage lot. Accessory buildings located on double frontage lots may be placed in the yard space at the rear of the building, provided no portion of the frontage along the same street where the accessory building is proposed to be located is utilized as the principal entrance for the main building of any lot in the block.

Maximum size shall not be equal to or greater than the base area of the principal building.

The total square footage of all accessory buildings shall not exceed the square footage of the ground floor of the principal building.

Shipping container structures may be used as accessory buildings, provided all other requirements of this Section are met and, provided further, that the conditions enumerated in Section 400.150(D)(1)(q) are met.

The accessory building shall comply with the maximum lot coverage requirement of the zoning district.

General Provisions.

Residential Districts.

Commercial And Industrial Districts.

Construction And Maintenance.

The use of temporary outdoor lighting used during customary holiday seasons, except as regulated via Section 400.330(F).

Temporary outdoor lighting used for special events, civic celebrations, festivals, and similar outdoor gatherings as permitted by the City's adopted regulations.

Lighting required by emergency services or government agencies to illuminate response areas or to secure government buildings or structures. This includes any lighting necessary for the safe operations of aircraft.

Lighting permanently or temporarily installed to illuminate public or private rights-of-way or to regulate traffic. This includes lighting necessary to facilitate the repair or maintenance of such rights-of-way or any facilities within them.

Temporary lighting necessary to install, repair or maintain public or private utility infrastructure.

Lighting of recreational facilities for public parks and publicly owned facilities such as a public school or a City recreational sports complex. The design and installation of such lighting shall achieve no greater luminance levels for activity than those recommended by the Illuminating Engineering Society of North America (IESNA) or similar association/organization.

Flagpole vertical up lighting,

Motion activated lights on lots developed with single-family dwellings provided that:

Light standards shall be maintained in compliance with the initial installation. Leaning, rusting or damaged poles/fixtures shall be repaired, removed or replaced.

Where topographical issues exist which may cause light to cast on neighboring properties, additional shielding requirements may be required, unless otherwise regulated by this Section.

The use of laser source light or any similar high-intensity light for outdoor advertising or entertainment, including the operation of searchlights for advertising purposes.

Animated, flashing, flickering, or other distracting lights.

Any light which generates glare or light-trespass upon adjacent properties or roadways, unless otherwise regulated by this Section.

Exterior lighting fixtures installed upon single-family and two-family homes are not required to be hooded or shielded designs.

Such lighting shall be focused, directed and arranged to avoid producing glare or unwanted illumination upon an adjacent property or nearby area. The use of shielding is encouraged and may be required by the City for any lighting which is determined to be a nuisance to neighboring properties or creates a safety hazard.

All exterior lighting shall be erected and hooded or shielded, so as to direct light away from any adjacent residential zoning district.

All exterior lighting shall be consistent with the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the structure's design. All exterior lighting, including wall pack lighting shall be shielded to direct light straight down, unless it is architectural accent lighting per the below standards. Any accent lighting which does not comply with the below standards may request a waiver from the Planning and Zoning Commission with written justification for the exemption provided by the applicant for evaluation:

Enclosed within a garage or accessory structure.

In a rear yard, defined for the purposes of this Section as the area extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. The entire area beneath the RV, boat, trailer or camper must be a paved surface area as defined in Section 400.050.

In a side yard, defined for the purposes of this Section as a yard extending along the side lot line between the front and rear yards having a width as specified in the yard regulations for the district in which the lot is located. The entire area beneath the RV, boat trailer or camper must be a paved surface area as defined in Section 400.050. An RV, boat, trailer or camper may be placed in a side yard only if:

An RV may be parked within a front yard of a corner lot which is not used as the principal frontage of the lot. The entire area beneath the RV must be a paved surface area as defined in Section 400.050. An RV may be placed in a non-primary front yard only if:

Notwithstanding the above restrictions, recreational vehicles, trailers designed or utilized as temporary living quarters for recreation, camping or travel use, trailers designed or utilized for the transportation of a boat or camper shell may be parked on a residential lot for no more than forty-eight (48) consecutive hours for the purpose of loading or unloading if the owner is present.

Recreational vehicles (RV) as defined in Section 400.050, boats, boat trailers, recreational and camping trailers, and camper shells shall not be parked between the front facade of a building and the street, except for a period not to exceed forty-eight (48) consecutive hours for the purposes of loading or unloading if the owner is present.

Enclosed within a garage or accessory structure; or

In a rear yard only if entire area beneath the cargo/enclosed trailer, race car trailer, equipment trailer, car hauler, concession/specialty trailer, motorcycle, ATV or snowmobile trailer is a paved surface area as defined in Section 400.050; or

In a side yard, defined for the purposes of this Section as a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which the lot is located. The entire area beneath the trailer must be a paved surface area as defined in Section 400.050. A cargo/enclosed trailer, race car trailer, equipment trailer, car hauler, concession/specialty trailer, motorcycle, ATV or snowmobile trailer may be placed in a side yard only if:

A cargo/enclosed trailer, race car trailer, equipment trailer, car hauler, concession/specialty trailer, motorcycle, ATV or snowmobile trailer shall not be parked or stored between the front facade of a building and the street.

They shall not be used for storage of materials, goods or equipment, other than those items considered to be a part of the unit or essential to its immediate use; and

They shall not be wrecked, damaged, inoperative, disassembled or disabled; and

They shall not be used as dwelling units while parked in any residential zoning district; and

They shall only be connected to an electrical power outlet or water connection for maintenance purposes only in any residential zoning district; and

The maximum length of any recreational vehicle, recreational or camping trailer, camper shell, boat or boat on a trailer, cargo/enclosed trailers, race car trailers, equipment trailers, car haulers, concession/specialty trailers, motorcycle, ATV and snowmobile trailers and landscape trailers parked on a residential lot shall not exceed thirty-two (32) feet; and

A maximum of two (2) of the following shall be allowed for any one (1) residential lot: recreational vehicle, recreational or camping trailer, camper shell, boat or boat on a trailer, cargo/enclosed trailers, race car trailers, equipment trailers, car haulers, concession/specialty trailers, motorcycle, ATV and snowmobile trailers, and landscape trailers.

The parking surface shall be designed, constructed and intended to be used expressly for the purpose of parking or storing recreational vehicles, recreational or camping trailers, camper shells, boats or boat trailers, cargo/enclosed trailers, race car trailers, equipment trailers, car haulers, concession/specialty trailers, motorcycle, ATV and snowmobile trailers, and landscape trailers.

Only one (1) item may be parked on a lot.

The item shall be parked on a paved surface adjacent to the street. The item shall not be parked on the street or on any unpaved surface.

The item shall have all required licenses, registrations and permits and shall be in operable condition.

The name of the utility company on whose behalf the utility facility(ies) are to be installed and the name, address and telephone number of a representative whom the City may notify or contact at any time [i.e., twenty-four (24) hours per day, seven (7) days per week] concerning the utility facility(ies); and

A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions and description of the utility facility(ies), their location [including an identification of the interest of the applicant or the utility facility(ies) owner in the property where the utility facility(ies) are proposed to be located] and their proximity to other utility facility(ies) that may be affected by their installation.

On submission of an application for a new or expanded utility facility(ies) installation, the applicant shall provide written verification that written notice of the proposed work and location was provided to the owner of the property on which the new or expanded utility facility(ies) are proposed and to the owners of all directly adjoining properties. The Director of Community Development shall promptly review each application and shall grant or deny the application within thirty-one (31) days.

Unless the application is denied pursuant to Subsection (D)(5) hereof, the Director of Community Development shall issue a utility facility(ies) permit upon determining that the applicant:

It is the intention of the City that proposed utility facility(ies) will not impair public safety; harm property values or significant sight lines, or degrade the aesthetics of the adjoining properties or neighborhood, and that the placement and appearance of the utility facility(ies) on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section and comply with Section 400.540 Corner Visibility. To accomplish such purposes the Director of Community Development may impose conditions on utility facility(ies) permits, including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.

An applicant receiving a utility facility(ies) permit shall promptly notify the Director of Community Development of any material changes in the information submitted in the application or included in the permit. The Director of Community Development may issue an addendum to the approved permit, a revised utility facility(ies) permit or require that the applicant reapply for a utility facility(ies) permit.

The Director of Community Development may deny an application, if denial is deemed to be in the public interest, for the following reasons:

The Director of Community Development may revoke a utility facility(ies) permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Article. Prior to revocation the Director of Community Development shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director of Community Development on good cause shown. A substantial breach includes, but is not limited to, the following:

Any breach of the terms and conditions of a utility facility(ies) permit shall also be deemed a violation of this Article and in lieu of revocation the Director of Community Development may initiate prosecution of the applicant or the utility facility(ies) owner for such violation. Concurrent with prosecution of the violation, the Director of Community Development may issue a "stop-work order" as defined and provided for in Section 400.050 of this Chapter.

Any person aggrieved by a final determination of the Director of Community Development may appeal in writing to the Director of Administration within five (5) business days thereof. The appeal shall assert specific grounds for review, and the Director of Administration shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director of Community Development. The Director of Administration may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director of Community Development's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the Director of Administration may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Charles. Such petition shall be filed within thirty (30) days after the Director of Administration's final determination.

On agreement of the parties and in addition to any other remedies, any final decision of the Director of Administration may be submitted to mediation or binding arbitration.

Every part of a required yard shall be open to the sky, except as authorized by this Article and except ordinary projections of sills, belt courses, window air-conditioning units, chimneys, cornices and ornamental features which may project to a distance not to exceed twenty-four (24) inches into a required yard. For purposes of this item, landscaped areas are considered to be open to the sky.

On double frontage lots the required front yard shall be provided on each street.

There shall be a front yard on each street side of a corner lot in any district; provided, that the buildable width of a lot of record at the time of passage of this Section shall not be reduced to less than twenty-eight (28) feet.

Open, unenclosed porches, decks or platforms, including those not covered by a roof or canopy and which do not extend above the level of the first floor of the building, may extend or project into any required front yard setback no more than six (6) feet. Open, unenclosed decks or porches or decks or porches covered by a roof or canopy and/or enclosed by screening may encroach into the required rear yard setback no more than ten (10) feet. Deck enclosures that consist of any material other than screening, such as glass or solid walls or that consist of less than ninety percent (90%) screening, are considered room additions and must meet the required rear yard setback for the zoning district in which they are located.

Where a lot is within one hundred (100) feet of one (1) or more buildings existing on each side, the front yard setback line shall be the average setback of these adjoining buildings.

Interior lots abutting on a pedestrian walkway shall be required to have a side yard of not less than ten (10) feet abutting the walkway.

In all residential zoning districts, the "A" District and for any dwelling unit in the "C-1," "HCD" or "CBD" Districts, swimming pools shall not be constructed in any required yard, except the required rear yard and not closer than six (6) feet to a side or rear property line. Swimming pools located on double frontage lots may be placed in the yard space at the rear of the building, provided no portion of the frontage along the same street where the swimming pool is proposed to be located is utilized as the principal entrance for the main building of any lot in the block. Swimming pools located on double frontage lots and placed in the yard space at the rear of the building must meet one-half (1/2) of the front yard setback.

In no instance shall the deck area be nearer than five (5) feet to an adjoining lot line. For the purposes of this requirement, a "swimming pool deck area" shall be defined as any constructed surface directly abutting the pool which provides access to the water, lounging space or serves as a walkway around the perimeter of the pool. Swimming pool deck area shall exclude any paved surface, including, but not limited to, paving blocks, bricks or other similar material.

In commercial zoning districts a swimming pool utilized as part of a sales/display facility or motel complex or other non-residential use shall be located no closer than twenty (20) feet to the front property line and no closer than five (5) feet to a side or rear property line.

In all residential zoning districts, permanent generators shall not be located in front of the principal structure or within any required side yard or rear yard setback.

A generator permanently installed in a residential zoning district shall be shielded with a cover designed and manufactured to muffle the sound.

The testing of generators is prohibited before 7:00 A.M. or after 10:00 P.M. on any day in any residential zoning district.

In commercial districts, generators shall be located and screened in the same manner as required for mechanical equipment.

Firewood may be stored on residential property only for consumption on the premises. Firewood may not be stored on residential property for sale, donation or conveyance to any person other than the residents of said property.

Firewood stored on residential property for consumption on the premises must meet the following conditions:

For purposes of this Section, a cord of firewood shall be defined as follows: the amount of firewood that, when arranged so pieces are aligned, parallel, touching and compact, measures four (4) feet wide by four (4) feet high by eight (8) feet long and is one hundred twenty-eight (128) cubic feet in volume.