Editor's Note—Ord. no. 04-162 §2, adopted October 13, 2004, amended the unified development ordinance by adding a new art. VII "Regulations Concerning High Pressure Pipelines" and renumbering this article as art. IX.

Section 405.405 Additional Dwelling Requirements.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §36, 6-2-2010]

There shall be no more than one (1) single-family/single household dwelling unit on one (1) lot or parcel of land, except as provided herein.

Townhouses, apartments, condominiums, cluster homes, villas, and all other forms of property ownership do not affect the provisions of these regulations. All requirements shall be observed as though the property were under single ownership.

At-grade additions to single-family residences shall be attached to the existing residence with a dimension no less than fifty percent (50%) of the length of the longest linear wall of the addition and shall have an interior access to the existing structure.

Section 405.410 Additional Height Requirements.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(50—51), 10-1-2003; Ord. No. 10-041 §37, 6-2-2010]

The height limits established in Part 2, District Regulations, may be exceeded only by variance granted by the St. Charles County Board of Zoning Adjustment; agricultural structures and stealth communication facilities/telecommunication devices added to existing structures are exempt from this requirement.

Spires, steeples, monuments and belfries on buildings used for religious worship may be erected to a height not exceeding one hundred (100) feet.

The height limits for wind turbines and wind turbine farms shall be as established by the Governing Body in approval of the conditional use permit.

The height limits for all brewhouse structures in Agricultural Zoning Districts shall be established by the Governing Body in its approval of the conditional use permit.

[Ord. No. 18-060, 6-25-2018]

Section 405.415 Additional Yard Requirements.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(52—55), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §38, 6-2-2010]

On lots fronting on one (1) or more streets, a front building line setback must be provided on all streets.

Where a frontage is divided among zoning districts with different front yard requirements, the more restrictive yard requirements shall apply.

Required building line setbacks must be adhered to around a group of buildings on one (1) lot in the "R3A", "R3B", "PR", "C", and "I" Districts, and related multi-family, hotel, motel, or institutional buildings.

Those parts of existing non-conforming buildings that violate yard regulations may be repaired and remodeled, but not reconstructed or structurally altered above fifty percent (50%) of their current fair market value. Any additions shall observe the required yard regulations of the district in which they are located.

Front yard setbacks will be used as indicated on recorded subdivision plats, in all other cases, existing zoning district setbacks apply.

Required front yards in all districts shall be devoted to landscaping, ingress and egress driveways, fences, sidewalks and exceptions as further provided here in Section 405.415.

Fences in residential districts or subdivisions in agricultural districts. A fence may be erected or constructed in compliance with all County ordinances as well as the following general conditions:

A fence may be located on a side or rear lot line, but no such fence shall protrude in full or part on adjacent property or right-of-way.

Fence height shall be measured from an established grade to the top most section of the fence. Where the grade forms a contour, the fence shall be required to maintain the same contour.

All portions of any fence must be constructed of the same or harmonious material. Fences consisting of solid metal panels are prohibited. All vertical and/or horizontal supports and cross members must face the interior of the lot.

Fences shall be maintained by the property owner according to all other codes of St. Charles County.

Fences on corner lots must observe the sight triangle requirement as defined in Section 405.415(K).

Fences in residential districts and subdivisions in the agricultural district. A fence may be erected or constructed subsequent to compliance with all County ordinances as well as the following criteria:

Interior and corner lots.

(1)

Front yards. Fences in required front yards are prohibited.[1] However, fences on corner lots shall be permitted to the side of the principal structure subject to the following provisions:

(a)

Fences as erected prior to January 1, 2010 with a setback of no less than one (1) foot from the street right-of-way line. The maximum height is six (6) feet.

(b)

A fence with a setback of one (1) foot from the street right-of-way line provided that there are no principal structure facing such street within the same block. The maximum height is six (6) feet.

[1]

Editor's Note—In the original text of ord. no. 10-041, the word [on] was contained and has been editorially removed after conferring with the county.

(2)

Side yards. All fences shall not exceed six (6) feet in height. There is no openness requirement.

(3)

Rear yards. All fences shall not exceed six (6) feet in height. There is no openness requirement.

(4)

Notwithstanding the above height restrictions, masonry pillars, including decorations and appurtenances thereon, in conjunction with ornamental iron fences cannot be more than twenty-five percent (25%) higher than the attached fence and not be wider than twenty-four (24) inches.

Through lots. Fences on through lots shall comply with the foregoing regulations; however, if all principal structures in the same block face the same street or direction and there is no vehicular access to the street in the same block which the principal structure does not face, a fence may be constructed with a setback of one (1) foot from the street right-of-way line on such yard that has no principal structures facing such street and vehicular access to such street within the same block.

Driveways, in all residential districts and in the "A" Agricultural District, shall be perpendicular to the street and at a time of permitting have a width no greater than ten (10) feet beyond the width of the garage up to a maximum of forty (40) feet or twenty (20) feet where no garage exists, and, in commercial and industrial districts, no greater than the entrance width as approved by the St. Charles County Highway Department. Circular driveways shall be reviewed and approved by the Director of Community Development or his/her designee.

[Ord. No. 24-046, 5-13-2024]

Barbed wire and above ground electrical fences will not be allowed in yards in "R" Districts.

The minimum width of side yards for public/private schools, libraries and churches in residential districts shall be twenty-five (25) feet.

Parking spaces and drive aisles shall be permitted in the rear and side yards of all zoning districts provided all screening requirements and other provisions of these regulations are met.

Private swimming pools, including hot tubs, spas and incidental installations such as pumps and filters, may not be located in the required front yard of any parcel or lot. A pool and attached decking shall be set back a distance of not less than five (5) feet from the side and ten (10) feet from the rear property lines. On any lot with two (2) or more frontages, private swimming pools, attached decking, and any fencing as required by Chapter 500, Ordinances of St. Charles County, Missouri, are permitted within the front yard that the principal residence does not face, provided there are no principal structures within the same block that face that street or direction and the pool and attached decking are set back ten (10) feet from the street right-of-way line that the principal residence does not face. In the A, Agricultural District and RR, Residential District where lots or parcels of ground are three (3) acres in size or larger, a pool and attached decking shall be set back a distance of not less than ten (10) feet from the side and the rear property lines.

No structure, planting, or other object that is an obstruction to vision shall be placed or be permitted in areas of corner lots as described except as approved by the County Engineer or the Director of Development Review. No structure, planting, or other object greater than three (3) feet in height above street grade is allowed within the sight triangle described below. However, vegetation (i.e., tree limbs) may overhang such an area, provided that it does not extend lower than seven (7) feet from the ground. The areas of corner lots to which this restriction applies are:

The triangular area formed by intersecting property lines (or their extension, in the case of rounded corners) and a line connecting those intersecting lines at points thirty (30) feet from their intersection; and

The triangular area formed by intersecting edges of street pavement and of a driveway or alley pavement and a line connecting those intersecting edges at points ten (10) feet from their intersection.

Projections such as sills, belt courses, chimneys, cornices, cantilevers, window air conditioning units, and ornamental features may project into a required yard a distance not to exceed thirty (30) inches.

Filling station pumps and pump islands may occupy required yards, provided that they are not less than twenty-five (25) feet from all property lines. The overhang of canopy shelters for filling station pump islands must be a minimum of fifteen (15) feet from all property lines.

Open porches (not glassed or screened-in) and decks may extend not more than five (5) feet into the required front yard setback and not more than ten (10) feet into the required rear yard setback.

Clean fill shall be an acceptable material for any fill or filling or grading as permitted by local regulations. But no waste material may be used for fill or filling or grading if the disposal of that waste material is regulated by the Solid Waste Management Code of St. Charles County, Missouri, Sections 240.101 et seq., Ordinances of St. Charles County, Missouri, as amended, or by Sections 260.200—260.345, RSMo., as amended, or by regulations adopted pursuant to Sections 260.200—260.345, RSMo., as amended.

All structures except signs adjacent to arterials as indicated on the thoroughfare plan of the current Master Plan for St. Charles County shall have a setback from the centerline equal to one-half (½) of the designated right-of-way width plus twenty-five (25) feet or the zoning district yard requirement, whichever may be greater.

Section 405.416 Setback Requirements For New Buildings In Areas Platted Prior To County Zoning Regulations.

[Ord. No. 18-009 § 1, 1-29-2018]

In areas with lots platted prior to the inception of County Zoning Regulations by Order of the St. Charles County Court on November 2, 1959, a new building shall be subject to the minimum setback requirements equal to the setback distances of the closest legal pre-existing building.

Section 405.417 Additional Institutional, Commercial and Industrial Structure Requirements.

[Ord. No. 04-053 §1, 4-13-2004]

Roof-mounted mechanical equipment installed on newly constructed buildings shall be screened from public view. This requirement shall be satisfied when all parts of the roof-mounted equipment are not visible from ground level observation, or at any point on the property, adjacent property, or from adjacent streets. Such screening shall comply with the following:

The screening shall be attached to the building and shall be capable of withstanding all load requirements embodied in the adopted building code.

The screening shall be constructed with non-reflective materials that are architecturally compatible with the building. The use of wood in whole or part as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.

A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening.

All roof-top screening shall be kept in repair or proper state of preservation.

Section 405.420 Additional Vehicle Requirements. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(56—58), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-148 §1, 10-30-2007; Ord. No. 08-003 §2, 1-14-2008; Ord. No. 09-137 §2, 12-9-2009; Ord. No. 10-041 §39, 6-2-2010; Ord. No. 12-086 §1, 11-19-2012]

Recreational Equipment Or Trailers.

[Ord. No. 16-018 §2, 2-29-2016]

Use. No recreational equipment shall be inhabited or occupied other than in conformance with Section 405.420(B) of the Unified Development Ordinance, nor shall it be supplied with dedicated utilities.

Maximum number and size. On any lot or parcel with a dwelling, no more than one (1) trailer or item of recreational equipment shall be parked or stored outside a fully enclosed structure, nor shall such trailer or recreational equipment stored outdoors exceed twenty-four (24) feet in length or eight and one-half (8.5) feet in width.

Storage location and loading/unloading.

Any trailer or recreational equipment parked or stored outside a fully enclosed structure shall be stored in a side or rear yard as defined herein and a minimum of seven (7) feet from any property boundary, or beneath a structure that is elevated pursuant to Article XI of the Unified Development Ordinance concerning flood hazard overlay zoning districts. Storage of any trailer or recreational equipment in conformance with a Recreational Equipment or Trailer Side Yard Permit applied for no later than December 31, 2010, may continue to be stored in conformance with the approved permit regardless of property line setback. The Permit shall expire upon the sale of the property or the occupancy of the property by other than the applicant to whom the certificate was issued.

No trailer or recreational equipment shall be parked or stored on any driveway, street or adjacent right-of-way except for loading/unloading purposes, and for no more than forty-eight (48) consecutive hours in any one week.

Parking surfaces. To avoid rutting and erosion, any trailer or recreational equipment shall be parked or stored on an all-weather surface which shall be maintained free of grass and weeds. Any graveled parking surface must be graveled to a uniform depth of six (6) inches and must be maintained free of weeds and vegetation.

Ownership. The owner of a trailer or recreational equipment parked on a lot within a residential district in accordance with the provisions of this Section shall also be the owner or the renter of such residential lot.

Recreational vehicles providing temporary shelter for recreational use may only be placed on a parcel or in a subdivision platted before January 1, 1973, in the "PR" and "A" zoning districts, or within a campground with the following restrictions:

The recreational vehicle may be placed on the parcel for not more than one hundred eighty (180) days per calendar year. A temporary permit will be issued by the Division of Planning and Zoning specifying the one hundred eighty (180) day period.

No more than one (1) recreational vehicle may be placed on the parcel, unless it is an approved campground or travel trailer park.

The recreational vehicle must be currently licensed and ready for highway use.

The recreational vehicle must either have a self-contained water and sewage disposal system or be connected to an external water and sanitary sewage system approved by the St. Charles County Division of Building and Code Enforcement.

[Ord. No. 16-054 §11, 7-25-2016]

The recreational vehicle must either have its own power source or be connected to an external power source approved by the St. Charles County Division of Building and Code Enforcement.

[Ord. No. 16-054 §11, 7-25-2016]

Commercial Vehicles. The following shall only apply in "R" and "A" Districts:

Any commercial vehicle shall be parked and/or stored in a private garage or completely covered by a carport, unless it is a vehicle:

Temporarily parked while providing a service or delivery to a residential dwelling.

Licensed as a commercial vehicle at twelve thousand (12,000) pounds or less, even if it conveys a commercial message or has materials stored on the vehicle's exterior such as ladder, tools, etc., but not if it exceeds twenty-four (24) feet in length.

No buses shall be parked on a lot occupied by a residential unit, except as permitted in Section 405.420(C)(3).

Licensed vanpool vans or other motor vehicles seating not more than fifteen (15) passengers are allowed in residentially zoned areas so long as no commercial message is conveyed on the vehicle and all other provisions of this Section are met.

The owner of a commercial vehicle parked on a lot or parcel within a residential or agricultural district in accordance with the provisions of this Section shall also be the owner or the renter of such lot or parcel or that owner or renter's employer.

Commercial vehicles shall not be parked on a public street except when temporarily parked while providing a service or delivery to a residential dwelling.

Additional Vehicles.

In the "A" Agricultural Zoning District, any lot or parcel containing a residence may also contain, in addition to the one (1) piece of recreational equipment or the one (1) trailer allowed under Subsection (A) above, a maximum of two (2) additional vehicles which may be trailers, boats, boat trailers, boats on boat trailers or unlicensed vehicles, provided such additional vehicles are kept for personal use and are parked as required by Subsection (A)(2) above. Additional vehicles or equipment primarily used for an active agricultural use of a lot or parcel in the "A" District, including but not limited to vehicles, trailers, equipment, implements or tractors, may be kept on such lots or parcels in the "A" District.

[Ord. No. 15-097 §4, 9-28-2015]

Where a recreational vehicle is permitted on an unimproved parcel for one hundred eighty (180) calendar days under Subsection (B) above, a maximum of two (2) additional vehicles, which may be trailers, boats, boat trailers, or boats on boat trailers, may be kept on the unimproved parcel, provided that such vehicles are kept for personal use and are parked on a paved or graveled all-weather surface either beside or behind the recreational vehicle a minimum of seven (7) feet from all property boundaries.

[Ord. No. 16-018 §2, 2-29-2016]

Any vehicle or mode of transportation that is not recreational equipment or trailer, a recreational vehicle, commercial vehicle or a passenger car must be parked within a garage or fully enclosed accessory structure.

After issuance of a notice of violation of any provision of this Section, such violation may be deemed a continuing violation upon recurrence of that same violation.

[1]

Editor's Note—Reference to planning department was changed to division of planning in accordance with Ord. No. 02-204, adopted 12-23-2002, set out in ch. 132 of this code. For designation of the division of planning and zoning, see Ord. No. 03-195 adopted 12-31-2003.

Section 405.421 Exterior Lighting Standards.

[Ord. No. 10-041 §40, 6-2-2010]

Purpose. The purpose of this Section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.

Applicability. The requirements of this Section apply to all private exterior lighting in conjunction with any institutional development, commercial development, industrial development or a residential development with a parking area for five (5) or more vehicles. This Section shall also apply to any residential use of a property to include single-family attached and detached housing units. However, this Section shall not apply to:

[Ord. No. 14-111 §1, 12-15-2014]

The use of temporary outdoor lighting used during customary holiday seasons; and

The use of temporary outdoor lighting used for civic celebrations and promotions; and

Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures; and

Lighting installed to illuminate public or private rights-of-way or to regulate traffic or illuminate work to improve, maintain or repair facilities within them.

Depiction On Required Site Plan Or Residential Plot Plan. Any and all exterior lighting shall be depicted as to its location, orientation, intensity of illumination and configuration on any site plan required for the development of the subject property or on any plot plan submitted in conjunction with building or electrical plans submitted to the Department of Community Development pursuant to permitting requirements of any applicable code.

[Ord. No. 14-111 §1, 12-15-2014]

Requirements.

Orientation of fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is directed to an adjacent property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.

[Ord. No. 14-111 §1, 12-15-2014]

Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 foot-candles.

Location. Light fixtures shall not be located within required buffer areas as defined in Section 405.435.

Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited.

Height of fixtures. Lights on poles shall not be taller than the building whose area they illuminate nor taller than twenty (20) feet, whichever is shorter.

Non-conforming lighting. All lighting fixtures legally existing prior to the adoption date of this Section, shall be considered as legal non-conforming uses. However, with respect to orientation, all non-conforming lighting fixtures on single-family residential attached and detached developed properties shall comply with the provisions of this Section.

[Ord. No. 14-111 §1, 12-15-2014]

Section 405.422 Temporary Construction Trailers.

[Ord. No. 07-040 §1, 3-13-2007]

Temporary structures for uses incidental to construction work shall be on the site or an adjoining site of said construction work and shall be removed upon issuance of an occupancy permit.

Section 405.425 Personal Property Sales.

[Ord. No. 99-99 §1, 7-12-1999]

No more than four (4) sales may be held at any one (1) residence during any calendar year. Each sale shall be limited to no more than the daylight hours of two (2) days within the same week.

Signage. See Article III of Part 3 of these regulations, Sections 405.470, et seq. (Signs Not Requiring Permits, Temporary, see Section 405.480).

The provisions of this Section shall not apply to or affect the following:

Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

Persons acting in accordance with their powers or duties as public officials.

Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of St. Charles County, or under the protection of the non-conforming use Section, or any other sale conducted by a manufacturer, dealer, or vendor wherein such sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.

Any legitimate charitable, eleemosynary, educational, cultural, or governmental institution or organization when the proceeds for the sale are used directly for the institution or organization's charitable purpose, and the goods or articles are not sold on a consignment basis.

Section 405.427 Temporary Outdoor Sales of Goods or Merchandise.

[Ord. No. 03-143 §1, 10-1-2003; Ord. No. 03-195, 12-31-2003; Ord. No. 04-104 §1, 6-29-2004 (vetoed and overridden 7-12-04); Ord. No. 04-132 §1, 9-1-2004; Ord. No. 10-041 §41, 6-2-2010]

Temporary outdoor holiday sales, temporary outdoor fund-raising sales by non-profit organizations and temporary outdoor sales by licensed businesses shall only be permitted within the "C1", "C2", "I1" and "I2" zoning districts. Temporary outdoor fund-raising sales conducted by non-profit organizations shall be permitted in all zoning districts. All of these temporary outdoor sales shall be subject to the following provisions as applicable.

Temporary outdoor holiday sales such as Christmas tree sales and pumpkin sales shall not exceed a period of forty-five (45) days and shall require a temporary sales permit from the Department of Community Development.

Temporary outdoor fund-raising sales conducted by non-profit organizations as recognized by the State of Missouri shall not require a temporary sales permit from the Department of Community Development so long as and only if the following two (2) conditions are met:

The organization conducting the fund-raising sale conducts no more than six (6) such events per calendar year, and

The fund-raising sale does not exceed a period of three (3) consecutive days.

Temporary outdoor sales by licensed businesses shall be:

Limited to items customarily sold by such businesses at their permanent business sites, and conducted on the premises occupied by those sites, or

Limited to food items sold by single vendors from stands occupying a site no greater in size than one hundred twenty (120) square feet and located on premises only with the written permission of their record owners, and for no more than one hundred twenty (120) days nor less than thirty (30) consecutive days, during any twelve (12) month period under any single zoning confirmation. For purposes of this provision only, the terms "site" and "stand" are defined as follows.

SITE – The total area occupied by a vendor, including the stand and auxiliary tables, the place where the employees stand and the place where goods and equipment are stored or displayed.

STAND – Any table, showcase, bench, rack, pushcart, wagon or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered with the Department of Revenue of the State of Missouri or any other State.

All temporary outdoor sales of goods or merchandise permitted in this Section shall comply with the following conditions:

Shall not be located within any required buffer yards.

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 a site as provided in Article II Parking and Loading Requirements.

Are subject to any applicable building codes, health regulations, fire district codes and any other applicable regulations.

Signage shall be limited to two (2) signs or banners of not more than thirty-two (32) square feet. Advertising may appear on both sides of the signs or banners. The signs or banners shall be on-premises grounds signs and meet all applicable setbacks.

May be subject to additional conditions as deemed necessary by the Director of the Division of Planning and Zoning to protect the public health, safety and welfare.

Section 405.430 Additional Animal Requirements.

[Ord. No. 99-99 §1, 7-12-1999]

Any feed lot, feeding floor, or structure for housing of animals shall be maintained in a sanitary condition.

The boarding of certain types of exotic or wildlife animals are regulated by the Missouri State Department of Conservation, according to the current Wildlife Code adopted by the Conservation Commission of Missouri, and may require additional permits.

Exhibit 1, Permitted Animal Regulations[1] indicates the types of animals permitted in certain zoning districts, and the regulations which apply to those animals.

[1]

Editor's Note — Exhibit 1 is included as an attachment to this chapter.

Section 405.431 Grading. [1]

[Ord. No. 06-041 §2, 3-28-2006]

No grading for non-agricultural purposes may be conducted without a land use permit issued pursuant to Section 405.530 or a land disturbance permit if required by Section 412.040.

[1]

Editor's Note—Ord. no. 05-148 §9, adopted October 25, 2005, repealed section 405.431 "grading" in its entirety. Former section 405.431 derived from ord. no. 03-142 §1(59), 10-1-2003. Subsequently ord. no. 06-041 §2, adopted March 28, 2006, enacted the new provisions hereinabove.

Section 405.435 Landscaping Regulations For St. Charles County. [1] [2]

[Ord. No. 04-053 §1, 4-13-2004; Ord. No. 10-041 §42, 6-2-2010]

Intent/Purpose. The purpose of this Section is to provide landscaping regulations that will enhance the environment and the visual character as development occurs within the unincorporated areas of St. Charles County. The preservation of existing trees and vegetation and the planting of new trees and vegetation will protect both private and public investment and promote high quality development. Areas of buffering will be created between land uses, in order to minimize adverse visual impacts, noise, light, and air pollution. Such buffering will also promote energy conservation through the creation of shade, reducing heat gain in or on buildings and paved areas. Landscaping also enhances erosion and sediment control practices through the creative use of plant materials and ground cover.

Applicability. These requirements shall apply to the following:

New commercial, industrial or public facility development.

Development authorized by ordinances approving conditional use permits conditioned upon submission of an approved site plan.

Expansion and/or conversion of an existing use that may require landscaping as determined by the Director of the Division of Planning and Zoning.

Waiver Or Modification.

In the case of undue hardship, landscaping requirements may be modified upon review by the Director of the Division of Planning and Zoning.

In locations where the planting of landscaping is not viable, acceptable architectural screening materials may be utilized with the authorization of the Director of the Division of Planning and Zoning.

These materials include wood or vinyl fences, decorative masonry walls, brick walls, earth berms and other like materials approved by the Director of the Division of Planning and Zoning.

Exemptions. These regulations shall not apply to the following:

Developments within the "A" (except required by conditional use permits), "RM", "PR", "HTCD" and "SWD" zoning districts.

Plan Requirements. All site plans shall depict the following information on said plan or a separate landscape plan.

Property boundary, including north arrow and scale.

Topographical information, detailing the final grading of the site and all drainage for the landscaped areas.

All structures, parking and loading areas, islands, sidewalks, entrances and exits, drives, utilities and right-of-ways (if applicable).

The location and identification of all existing trees, shrubbery and other vegetation.

The locations, varieties (botanical and common names), the number and mature size of all plant materials to be planted within the buffer areas and front yard setbacks.

Any sight-proof fencing, solid screening and/or earth berming to be utilized on the site.

Buffer Requirements. The buffer requirements as required for various developments are based upon the proposed land use and the land use of adjacent properties. The intent of the buffer is to provide space to separate different land uses. The buffer width is the specified area devoted to plant materials. The buffer width is based upon the intensity of the proposed use. Below are Table 1 and Exhibits A and B providing specific buffer requirements.

TABLE 1	PROPOSED DEVELOPMENT
Adjacent existing development	Single-family or two-family use	Multi-family or institutional use	Commercial use	Industrial use
Agricultural use	not required	not required	not required	3
Single-family or two-family use	not required	1 or 2	1 or 2	3
Multi-family use	not required	not required	1 or 2	3
Commercial use	not required	not required	not required	3
Industrial use	not required	not required	not required	not required

Minimum Front Yard Setback Planting Requirements. All front yards shall be landscaped. The amount of required landscaping shall be calculated by utilizing the point system described herein or through the alternative compliance provisions. Examples of reasons to seek alternative compliance could include an exceptionally narrow front yard, wooded streams, ravines or areas with extensive natural vegetation.

Formula for landscaping in front yards.

Overall Length of Frontage (in feet, rounded to the nearest whole number)

Divided by Two (2) = Landscaping Required (in points)

Example: 220 feet of frontage/2 = 110 points

Tree Classification	Base Value	Shrub Classification	Base Value
Intermediate trees	25 points	Deciduous shrubs	4 points
Evergreen trees	15 points	Evergreen shrubs	3 points

Note: Trees shall meet plant materials requirements. Both trees and shrubs shall meet all other requirements outlined in this landscaping regulations Section. For a sample intermediate tree and shrub list, consult Exhibit B.

Approximately one-half (½) of the points for parking front yard landscaping must be achieved by utilizing plants from the tree classification and the remaining one-half (½) must be from the shrub classification.

All points must be used by adding additional shrubs if the trees do not use their entire designated point value. If one-half (½) or greater of a listed base value is left, the plant requirement shall be rounded up to the next available base value or any combination of base values. For example, a value of one and one-half (1.5) or greater will require one (1) additional shrub or one (1) tree. A value of seven and one-half (7.5) shall require at least one (1) additional tree or two (2) deciduous shrubs or three (3) evergreen shrubs.

A minimum of four (4) varieties of plant materials shall be utilized for visual aesthetics.

Planting arrangements in front yards.

Plantings may be interspersed or grouped along the roadway frontage as approved on the site plan. Areas within the rights-of-way and sight triangles shall be left unobstructed.

Planting in straight lines should be avoided.

A minimum of four (4) varieties of plant materials shall be utilized for visual aesthetics.

Alternative compliance provisions. A developer may choose to follow the point system described above or to submit a landscape plan to the Director of the Planning and Zoning Division under this alternative compliance provisions Section. This provision is intended to give the developer flexibility needed to respond to unique site issues and client needs and still meet the intent of this Article. All landscape plans submitted in lieu of the point system must meet the stated intentions of the landscaping requirement.

Plant Materials. There are two (2) basic trees utilized in the wider buffer areas. These are native deciduous trees and coniferous (evergreen) trees. These are to be installed within the fifteen (15) foot and twenty (20) foot wide buffer areas. Within the six (6) feet wide buffer areas plant materials to be installed are listed in Exhibit B by both common and botanical names. These plant materials will grow within a narrow space. Within front yard areas, intermediate trees and coniferous (evergreen) trees are to be utilized.

Deciduous trees. Large flowering, shade trees with a mature height of thirty (30) feet or greater and a mature spread of thirty (30) feet or greater. All deciduous trees planted must have a minimum caliper of two and one-half (2½) inches and a minimum height of six (6) feet at the time of installation.

Coniferous (evergreen) trees. Trees with a mature height of at least ten (10) feet which usually have green foliage throughout all seasons. All coniferous trees shall be a minimum height of six (6) feet at the time of installation.

Intermediate trees. Deciduous plants characterized by a height and/or spread that is generally smaller than that of a shade tree under natural growing conditions. Such plants will shed their leaves and are dormant during winter. Intermediate trees may have either a single trunk or multiple trunks.

The types, sizes and varieties of plant materials within the six (6) foot wide buffer area may be determined by the developer of the site by utilizing Exhibit B.

Sight Triangles. Sight triangles must be reserved to preserve the visibility of motorists and pedestrians as required in Part 3, Article I, Section 405.415(K).

Berming. Berming, which is an earthen mound that is designed to protect visual interests and screen undesirable views, may be utilized in conjunction with the required landscaping regulations. The guidelines for this type of supplement screening are as follows:

Berms shall not be located in any right-of-way.

Berming generally varies in height, width and length to create a free-form naturalistic effect.

The slope of a berm may not exceed a thirty-three and thirty-three hundredths percent (33.33%) slope.

The design of berms shall include provisions for drainage that is tied into the entire site drainage system, is necessary or applicable.

Installation And Maintenance. All landscaping materials must meet the following requirements:

All trees must be in place and healthy prior to the issuance of any occupancy permit. Upon approval by the Director of the Division of Planning and Zoning, a temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.

New landscaping shall not be planted within any right-of-way or sight triangle.

Newly planted trees shall be supported (staked and tied) through the first (1st) growing season to insure proper growth.

The landscaping must be maintained in a healthy growing condition as is appropriate for the season of the year. Plant materials, which exhibit damage, must be restored to healthy condition or replaced within the next growing season.

Enforcement And Penalties. The Director of the Division of Planning and Zoning is hereby charged with the responsibility of administering and enforcing these landscaping regulations, by enforcing provisions in approved site plans made pursuant to these regulations. All violations are subject to penalties set forth in Sections 405.640 to 405.655. If plantings required by an approved site plan fail, or die for any reason, the owner shall replace them prior to the next growing season.

[1]

Editor's Note—The definitions that were previously located in this section as subsection (L) are now located in section 405.060 of this chapter.

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

[2]

Editor's Note: Exhibit A, Buffer Strip Requirements; Exhibit B, Intermediate Trees; and Exhibit 1, Permitted Animal Regulations are included as attachments to this chapter.

Section 405.440 Design Standards For Off-Street Parking and Loading Areas. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(64—67), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-31-2007; Ord. No. 10-041 §43, 6-2-2010]

Minimum Area Parking Space. An off-street parking space shall have a length of not less than nineteen (19) feet and a width of not less than nine (9) feet. Said parking space shall not be located within a public right-of-way of a street, or an aisle, alley, drive, or driveway entrance to the parking area. Such parking space shall be permanently reserved for the temporary storage of one (1) vehicle and be connected to a parking aisle, drive lane, street or alley which affords ingress and egress for a vehicle without requiring another vehicle to be moved. In no case shall a parking space be located directly behind another parking space where a vehicle has to be moved for another vehicle to exit the parking area.

Minimum Area Loading Space. For the purpose of these regulations, a loading space is a space located within the main building or on the same lot, providing for the standing, loading, and unloading of trucks, having a minimum area of six hundred (600) square feet, a minimum width of twelve (12) feet, and a minimum depth of fifty (50) feet, and a vertical clearance of fourteen (14) feet.

Drainage And Maintenance. Off-street parking and loading facilities shall be drained to eliminate standing water and to prevent damage to abutting property and/or public streets and alleys and surfaced with erosion-resistant material in accordance with applicable County specifications. Off-street parking areas shall be maintained in a clean, orderly, and dust-free condition at the expense of the owner or lessee and not used for the sale, repair, or servicing of any vehicles, equipment, materials or supplies.

Parking Stall And Access Aisle Requirements. Stalls for off-street parking spaces shall be designed in accordance with the following criteria:

Par Angle	Stall Width	Stall Depth	Aisle Width	Traffic Patterns
45°	9'	20' 8"	15'	One-way
60°	9'	21'	18'	One-way
75°	9'	19' 6"	23'	One-way
90°	9'	19'	24'	Two-way

Parking spaces which are parallel shall be a minimum of twenty-four (24) feet in length. The Director of the Division of Planning and Zoning shall approve specifications for other configurations.

Location And Access. The location and design of entrances and exits shall be in accordance with the current applicable regulations of the St. Charles County Highway Department and/or Missouri Department of Transportation.

Paving.

All parking areas, including driveways and aisles, shall be paved and striped. Such paving shall consist of Portland concrete, an asphaltic overlay or permeable pavement alternative. An alternative dust-free surface six (6) inches in depth may be approved by the Director of the Division of Planning and Zoning provided that surface is maintained free of weeds and vegetation.

In the A and R districts, where the required number of parking spaces for the use is two (2) spaces or less and where a lot or parcel is one (1) acre or greater in size, the parking area and drive shall be an all-weather surface of a uniform depth of six (6) inches at a minimum. This surface must be maintained free of weeds and vegetation.

Screening. When off-street parking areas for five (5) or more automobiles or loading areas are located closer than fifty (50) feet to a lot or parcel in a residential district, or to any lot upon which there is a dwelling as a permitted use under these regulations, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with a minimum height of six (6) feet shall be provided between the parking area and the said lot in a residential district, or upon which there is a dwelling. Such screen may consist of a compact evergreen hedge, foliage screening, berm, or a solid or louvered or sight-proof fence or wall.

Landscaping In Parking Areas.

Any parking lot with at least fifty (50) parking spaces must have at least one (1) landscaped island or peninsula containing at least two hundred (200) square feet for every fifty (50) parking spaces.

The dimensions of any planting area shall be sufficient to support the landscaping materials planted therein and to insure proper growth.

The primary landscaping materials used in parking lots shall be trees, which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other materials may be used to complement the trees. All islands or peninsulas must contain at least one (1) large deciduous tree.

Outdoor Lighting. Outdoor lighting, when provided, shall meet safety standards for the general public and have an arrangement and a level of intensity which will not interfere with adjacent streets or properties, and shall not be flashing or intermittent.

Special Uses And Conditions. For uses other than specified in this Chapter and Chapter 410, parking and loading spaces adequate in number and size to serve such use, and the elimination or reduction of the full provision of parking and loading facilities where application of said provision is either impractical under certain conditions or unnecessary due to the nature of such uses, shall be determined by the Director of the Division of Planning and Zoning upon recommendation by the Director of the Division of Development Review.

Front Yard Setback Requirement. No parking spaces or aisles shall be located within front yard setback area. The area within the required front yard setback shall remain an open space, unoccupied and unobstructed from the ground upward, except for permitted signs, landscaping and driveways providing ingress and egress to the site that result in the smallest area of encroachment of such yard.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.445 Off-Street Parking Requirements. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(68—70), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007]

Except as otherwise provided in this Unified Development Ordinance, when any building or structure is hereafter erected or structurally altered, or any building or structure which is existing is converted to another use, accessory off-street parking spaces shall be provided as follows (all square footages are based upon the gross floor area of the structure):

Residential Type Use	Off-street Parking Spaces Required
One- or two-family dwelling	2 per dwelling unit
Multi-family dwelling	2 per dwelling unit
Housing specifically designed for the elderly and/or disabled	1 per dwelling unit
Group home facility	2 per group home
Room, boarding, or lodging house (Bed and breakfast)	1 per each sleeping room, plus a minimum of 2 required for permanent residents

Health Care Related Uses	Off-street Parking Spaces Required
Hospital	2 per patient bed, plus 1 per employee on the maximum shift
Medical office or clinic	1 per 200 square feet
Nursing home, sanitarium, rest home, convalescent care center, home for the aged, or similar institution	1 per 2 patient beds
Health club	1 per 75 square feet

Educational Uses	Off-street Parking Spaces Required
Elementary or junior high school	3 per classroom
Preschool, daycare, special, or other private school	1 per 8 children plus 1 per employee on the maximum work shift
High school	1 per 4 students, plus 1 per each faculty member and employee
College, university, trade, or vocational school, business school	8 per classroom, plus 1 per each faculty member and employee
Public library, art museum, or art gallery	5 per 1,000 square feet of gross floor area.

Institutional, Public, or Semi-Public Uses	Off-street Parking Spaces Required
Church, temple, synagogue, or place of assembly for worship	1 per 3 seats in main assembly area
Fire station	1 per employee on maximum work shift, plus 1 guest space
Foster home	1 per 5 beds, plus 1 per each employee on the maximum work shift
Group living facility	1 per 5 beds, plus 1 per each employee on the maximum work shift
Postal station	4 per customer service station, and 1 per employee on the maximum work shift, plus 1 per every postal vehicle stored on the property

Recreational, Cultural, or Entertainment Uses	Off-street Parking Spaces Required
Amusement park, amusement place	1 per 100 square feet of activity area, or 100 square feet of gross floor area, whichever applies
Athletic field	30 spaces for every diamond or athletic field
Auditorium, theater, gymnasium, stadium, arena, meeting rooms and places, convention hall, or center	1 per 3 seats, 1 per 100 square feet of gross floor area without fixed seating
Boat dock, harbor, marina	1 per every 2 berths or moorings, plus 1 per employee on the maximum shift
Bowling alley	5 per alley, plus 1 per employee on the maximum work shift
Campground	1 per camp site
Private clubs, fraternities, sororities, and lodges with sleeping rooms	2 per sleeping rooms or suites
Private clubs, fraternities, sororities, and lodges with no sleeping rooms	1 per 4 members
Community center	1 per 300 square feet of gross floor area
Drive-in theatre	1 per employee on the maximum work shift, in addition to spaces for movie patrons' parking
Fairground	Sufficient open-land convertible to parking area such that no vehicle will be parked on any street
Golf course or country club	1 per 5 members, or 6 per hole if open to the public
Golf driving range	1 per tee, plus 1 per employee
Handball, racquetball courts	3 per court
Ice and roller hockey rink or indoor soccer facility	60 per playing field or surface
Ice and roller rink	1 per 100 square foot of skating or playing area
Miniature golf course	2 per hole
Racetrack	1 per 4 seats
Recreation center	1 per 300 square feet of gross floor area
Stable, Riding	1 per 2 stalls, plus 1 per every 4 seats of spectator seating
Swimming pool	1 per 100 square feet of water area
Tennis court	2 per court

Commercial Uses	Off-street Parking Spaces Required
Animal hospital/clinic	3 per 1,000 square feet of gross floor area
Automobile repair and service	4 per 1,000 square feet of gross floor area
Auto, truck, boat sales, and service	1 per employee plus a minimum of 2 parking spaces for customer parking or 2 per 1,000 square feet of interior showroom, whichever is greater; plus 3 per service bay in service area
Banking and financial facilities	1 per 300 square feet of gross floor area
Barber and beauty shops	3 per chair, except those operated as a home occupation
Car wash, not self-service	Service line-up equal to 5 cars, and 1 per employee
Car wash, self-service	Service line-up for each wash stall equal to 2 cars, plus 1 drying space for each stall
Department and discount stores	3 per 1,000 square feet of gross floor area
Equipment sales and service, rent and repair	3 per 1,000 square feet of gross floor area
Food markets (over 5,000 square feet)	3 per 1,000 square feet of gross floor area
Food storage locker	1 per 200 square feet of customer service area
Furniture, appliance, and hardware stores	1 per 400 square feet of gross floor area
General service or repair establishment, printing, plumbing, heating	1 per 400 square feet of sales and office area, plus 1 per vehicle utilized in the operation of the business
Hotel and motel	1 per sleeping room or suite, plus 1 per employee on the maximum work shift
Mobile homes, manufactured homes, modular homes, or travel trailers sales	1 per 300 square feet of gross sales office area
Mortuary or funeral home	At least 1 parking space for each 4 seats, based upon the designated maximum capacity of the parlor(s), plus at least 1 parking space for each employee and 1 parking space for each vehicle maintained on the premises
Office or office building	1 per 300 square feet of gross floor area
Restaurant (sit-down), bar, cocktail lounge, microbrewery, night club	12 per 1,000 square feet of gross floor area
Restaurant, fast food	15 per 1,000 square feet of gross floor area
Retail store, food markets (5,000 square feet or less), or personal services establishment	1 per 300 square feet of gross floor area
Service station	1 per employee on the maximum work shift, plus 1 for each service bay
Shopping center	4 per 1,000 square feet of gross floor area
Winery	1 per 200 square feet in the tasting room plus 1 per table for seating in both an indoor and outdoor arrangement

Industrial Uses	Off-street Parking Spaces Required
Brewery, bottling plant, creamery, or dairy	1 per employee on the maximum work shift, plus 1 per each vehicle utilized in the operation of the business and 1 guest space
Extraction of raw materials	1 per employee on the maximum work shift, plus 1 per each vehicle utilized in the operation of the business
Research and testing laboratory	1 per employee on the maximum work shift, plus 1 guest space
Manufacturing, fabrication, or industrial establishment	1 per employee on the maximum work shift plus, 1 per each vehicle utilized in the operation of the business, and 1 guest space
Storage yard for bulk materials	1 per employee on the maximum work shift, plus 1 per each vehicle utilized in the operation of the business
Service yard for contractors' equipment	1 per employee on the maximum work shift, plus 1 per each vehicle or equipment stored on the property
Vehicle impound facility	1 per employee, plus 1 per vehicle utilized in the operation and stored on the property, plus 1 for customer parking
Warehouse, distribution center, wholesale establishment, or similar operation	1 per employee on the maximum work shift, plus 1 per each vehicle utilized in the operation and stored on the property, and 1 guest space

[1]

Editor's Note—The words "zoning ordinance" have been changed to "unified development ordinance". See notes at chs. 405 and 410 of this code.

Section 405.450 Interpretation of Requirements. [1]

[Ord. No. 99-99 §1, 7-12-1999]

The parking requirements for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics of parking demand generation at the determination of the Director of the Division of Planning and Zoning.

The parking requirements in this Article do not limit special requirements which may be imposed with planned unit developments, conditional use permits, or developments which are unique relating to traffic and parking generation data.

When the determination of the number of off-street parking spaces required in this Article results in a requirement of a fractional space less than one-half (½), the extra space can be disregarded. If the fractional space is one-half (½) or more, a parking space must be added.

The total number of employees in relation to determining the number of parking spaces required shall be compiled on the basis of the total number of persons on the maximum work shift. Seasonal variation in employment may be recognized in determining the total number of parking spaces required.

The parking requirements are in addition to space for storage of trucks and other vehicles in connection with any use.

In the case of mixed uses, uses with different parking requirements utilizing the same building or premises, or in the case of joint use of a building or premises by more than one (1) use having the same parking requirements, the total number of parking spaces required shall equal the sum of the requirements of the various uses.

When a building use is changed or converted to a new use, or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need under the requirements of this Article for an increase in parking spaces of ten percent (10%) or more, such additional parking spaces shall be provided on the basis of the change or enlargement.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.455 Joint Use and Off-Site Facilities.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-029 §1, 3-29-2005]

All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located and maintained not to exceed three hundred (300) feet from an institutional building or other non-residential building served.

Section 405.460 Parking For The Disabled.

[Ord. No. 99-99 §1, 7-12-1999]

A parking lot serving any commercial or industrial use, public facility, or multi-family development shall have a number of level parking spaces, as set forth in the following table, reserved for physically disabled persons. Each reserved parking space shall be not less than thirteen (13) feet wide (eight (8) foot stall with an adjacent five (5) foot access aisle) and identified by an above-grade sign designating the parking space for the physically disabled. Two (2) handicapped parking spaces may share an adjacent five (5) foot access aisle. The following parking standards are consistent with the requirements of the Americans with Disabilities Act and regulations adopted under the Act's authority.

ACCESSIBLE PARKING SPACES FOR THE DISABLED
Total Parking in Lot	Required Number of Accessible Spaces
01 to 05	1*
06 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
over 1,000	20 plus 1 for each 100 over 1,000

*	Accessible space shall be provided, but is not required to be designated by appropriate signage.

For every eight (8) or fraction of eight (8) accessible parking spaces, at least one (1) shall be a van-accessible parking space, which shall be provided as described in Subsection (D).

Parking spaces reserved for the physically disabled shall be adjacent to curb ramps, elevators, walkways, and entrances so that disabled persons can avoid passing behind parked cars. Reserved parking spaces for the disabled shall be as close to building entrances as possible.

In the development of large shopping areas, medical centers, hospitals, and housing for the elderly and/or handicapped, an area for van parking serving the disabled shall be reserved. Each reserved parking space for vans transporting the elderly and disabled shall have a minimum width of sixteen (16) feet (eight (8) foot stall with an adjoining eight (8) foot access aisle) to accommodate a wheel chair lift. Each reserved parking space for van parking shall be level and identified by an above-grade sign designating the van space for the physically disabled.

Section 405.465 Off-Street Loading Requirements.

[Ord. No. 99-99 §1, 7-12-1999]

Off-street loading spaces shall be provided in all districts as follows:

Use or Use Category	Floor Area in Square Feet	Loading Spaces Required
Commercial and Industrial uses	0 - 5,000	None
	5,000 - 50,000	One
	50,000 - 100,000	Two
	Each 100,000 over 100,000	One additional
Educational and Large Medical Facilities	0 - 10,000	None
	10,000 - 100,000	One
	Each 100,000 over 100,000	One additional
Funeral homes or mortuaries	Not applicable	One

Section 405.470 Sign Permit Applications. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §3, 9-26-2001; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 07-051 §1, 3-27-2007]

No sign shall be erected in unincorporated St. Charles County without having obtained a sign permit from the County Division of Planning and Zoning, unless otherwise provided in this Article or in the St. Charles County Directional and Way-Finding Signage Program.

Applications for the alteration or erection of on-premise and off-premise signs are provided by the St. Charles County Division of Building and Code Enforcement. An application for a sign permit must be executed and approved by the St. Charles County Divisions of Planning and Zoning and Building and Code Enforcement prior to the erection of any sign requiring a sign permit. Failure to do so may result in denial of the permit, an established fine, or both.

[Ord. No. 16-054 §11, 7-25-2016]

Incomplete applications for a sign permit will not be accepted.

If work authorized under a sign permit is not completed within one hundred eighty (180) days of the date of issuance of the permit, the sign permit shall become null and void. Upon a written request, one (1) sixty (60) day extension of time for any sign permit may be authorized by the Director of the Division of Planning and Zoning.

Sign permits must be signed by the owner of the property or an agent for the owner, or by someone who has an interest in the property. Any agent for the owner must show proof of agency and proof of interest in the property. All others must show proof of interest in the property at the time of signing.

An application fee as set by ordinance shall accompany an application for the alteration or erection of an on-premise or off-premise sign.

Sign permits for temporary introductory off-premise, entrance monuments, and "PUD" Overlay Districts may be applied for after approval of the preliminary plat by the Planning and Zoning Commission.

Any applicant for a sign permit who has been cited for a violation of these regulations, and who has failed to correct said violation, will not be issued any additional permits until the violation is corrected.

Application for any sign permit must be accompanied by a site plan drawn to scale containing the following information:

A representation of the proposed sign, to scale, including the height of the sign, width, and length of sign faces and wording.

The proposed location of the sign on the property or on the building.

For off-premise, informational, and subdivision signs not on the development site, the following information is also required:

The distance from the proposed sign location to any structure upon the property and adjoining street right-of-way lines, property lines, and driveway entrances.

The distance from the proposed sign location to the nearest off-premise sign.

The distance from the proposed sign location to the nearest street intersection in either direction.

All independently supported (not face-mounted on a building wall, for example) signs that are larger than sixty-four (64) square feet or more than ten (10) feet high from final grade to top of sign require that the construction plans be sealed by a Missouri professional registered engineer and that sealed structural load calculations also accompany them when submitted for a building permit.

[1]

Cross Reference— As to specific fees, see ch. 425 of this code

Section 405.475 Signs Requiring Permits. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(71), 10-1-2003; Ord. No. 03-195, 12-31-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §44, 6-2-2010; Ord. No. 12-090 §5, 11-27-2012]

All pole and monument signs including their supports shall be set back from any property line as shown on the approved site plan or revision thereof.

On-premise signs are permitted as provided herein:

Agricultural and Residential Districts ("A", "AT", "R1A", "R1B", "R1C", "R1D", "R1E", "R2", "R3A", "R3B", "PR", "RF", and "RM" Districts).

In all agricultural and residential districts, all signs shall not exceed the maximum height of twelve (12) feet from the highest point of the sign to the natural grade, which is the grade unaffected by construction techniques such as fill, landscaping, or berming.

Signs advertising the sale of agricultural produce on the property where it is grown are permitted as follows: one (1) non-illuminated sign for each street or road facing, not to exceed thirty-two (32) square feet in area, to be placed on the ground.

Signs advertising golf courses and clubhouses, ferry landings and boat docks, sod farms, commercial greenhouses, nurseries, truck gardens, and public and semi-public uses are permitted as follows: one (1) sign for each street or road facing, not to exceed thirty-two (32) square feet in area, to be placed on the ground or upon a structure.

Signs advertising conditionally permitted uses on the property where the signs are to be located are permitted as follows: one (1) sign for each street or road facing, not to exceed thirty-two (32) square feet in area, to be placed on the ground or upon a structure.

Church, public, charitable, institutional, or semi-public bulletin boards or signs are permitted as follows: one (1) sign for each street or road facing, not exceeding sixty-four (64) square feet in area and located on the premises of said institution.

Temporary signs advertising the sale or lease of the property where the signs are to be located are permitted as follows: one (1) non-illuminated sign, not to exceed sixty-four (64) square feet in area.

Commercial and Industrial Districts ("CO", "C1", "C2", "I1", and "I2" Districts).

In all commercial and industrial Districts, all signs shall not exceed the maximum height of forty-five (45) feet from the highest point of the sign to the natural grade, which is the grade unaffected by construction techniques such as fill, landscaping, or berming.

Any sign permitted in the "A" and "R" Districts is permitted under commercial and industrial districts.

There shall not be more than one (1) wall or projecting sign for any permitted business per street facing. The total area of each sign shall not exceed five percent (5%) of the building facade area facing the street. If a business has facades facing on two (2) or more streets, a sign will be allowed for each street facing.

One (1) ground sign shall be permitted for a structure occupied by a single business per street facing. The total area of a ground sign for a structure occupied by a single business shall not exceed one hundred fifty (150) square feet. Where a group of structures or a single building containing more than one (1) business exists on a property, ground signs shall be grouped and placed on the same set of sign supports. Ground signs advertising more than one (1) business shall not exceed three hundred (300) square feet. Changeable copy types and electronic display signs are allowed only if they are permanently mounted to the same set of sign supports. The bottom of pole signs shall be no less than ten (10) feet above grade.

A sign permit is required for on-premise signs placed on buildings as individual, separate letters. For purposes of calculating the total square footage of such signs, only the space occupied by each letter will be counted, not the space between letters. All decorative elements, including neon trim, placed within five (5) feet of any sign letters shall be considered part of the sign, and will cause the entire area within the neon trim to be calculated. A new permit is not required to change the letters on such a sign, provided a permit was issued for the original letters and the square footage of the new letters does not exceed the maximum allowed for on-premise signs.

Directional signs at entrances and exits not exceeding two (2) square feet in size and three (3) feet in height from grade are permitted. Such signs must be located a minimum of five (5) feet from the edge of the curb or street pavement.

Electronic display on-premise signs. Electronic display techniques are permitted as on-premise signs when meeting criteria found herein and include any portion of said sign which contains alphanumeric characters, graphics or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area, including computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics onto the sign face. Any on-premise sign constructed meeting these criteria shall meet the following operational standards:

(1)

Duration. The full on-premise sign image or any portion thereof must have a minimum duration of ten (10) seconds and must be a static display. No portion of the image may flash, scroll, twirl, change color or in any matter imitate movement.

(2)

Video display. No portion of any sign may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery or depict action or a special effect to imitate movement or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.

(3)

Transition. Where the full sign image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixalization.

(4)

Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk and dawn as measured from the sign's face at maximum brightness.

(5)

Fluctuating or flashing illumination. No portion of any sign may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or that in any manner creates the illusion of movement.

(6)

Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between dusk and dawn.

(7)

Audio. Audio speakers are prohibited in association with a sign.

Temporary signs are permitted. (The sign can either be an on-premise ground sign or attached to a structure.)

(1)

On-premise window, sidewalk, and business sale signs or banners not exceeding thirty-two (32) square feet. Maximum usage—two (2) per calendar year for no more than fifteen (15) days per time. Such signs or banners must be removed after the close of the business day in which the sales event ended.

(2)

On-premise cold-air inflatable aids not exceeding thirty-two (32) feet in height. A permit shall be issued for fifteen (15) days, and no more than two (2) permits shall be issued for a calendar year. All air inflatable aids are required to adhere to all building line setbacks and height restrictions of the applicable zoning district. All air inflatable aids are only permitted upon review and approval of the Division of Planning and Zoning. All inflatable aids are prohibited from being installed on the roof of a structure.

Entrance monuments are permitted as provided herein (all districts).

Subdivision monuments at the entrance of a subdivision shall be installed on common ground or an easement on private property. Subdivision monuments may be installed on public right-of-way, with County Highway Department approval, only if common ground or a private easement is not available. Entrance monuments approved on public right-of-way shall meet the requirements of Section 40.50 of St. Charles County's "Design Criteria for the Preparation of Improvement Plans," as issued by the St. Charles County Highway Department in February, 2002 or as amended thereafter, and shall require the issuance of a special-use permit from the Highway Department. The County Highway Department assumes no responsibility towards the cost of maintenance, removal or relocation of monuments placed within County right-of-way due to vandalism, damage or future roadway widening. Such signs shall contain only the name and related information to the development and no other advertising (a fence or wall would be considered a monument).

The total area, height, and location for each monument shall be reviewed by the staffs of the Division of Planning and Zoning and the County Highway Department.

A maximum of two (2) monuments may be installed at every entrance to the subdivision.

Exterior lighting of the monuments shall be arranged to ensure that no light interferes with a motor vehicle operator's view.

Planned Unit Development (PUD) Overlay Districts. All signs erected in a "PUD" Overlay District shall conform to the land use as depicted on the preliminary plat.

Off-premise signs are permitted as provided herein.

[Ord. No. 14-112§1, 12-15-2014]

Off-premise signs are permitted only in the following zoning districts:

"C2" General Commercial District;

"I1" Light Industrial District; and

"I2" Heavy Industrial District.

Construction of the sign and materials shall comply with Section 903 of the Missouri Standard Specification for Highway Construction, as applicable, and must meet the current adopted Building Code of St. Charles County, Missouri.

All off-premise signs must be erected within the first (1st) one hundred (100) feet of depth from the adjoining street frontage of the property upon which the sign is to be located.

All off-premise signs shall not exceed the maximum height of forty-five (45) feet from the highest point of the sign to the natural grade, which is the grade unaffected by construction techniques such as fill, landscaping, or berming.

The maximum area for an off-premise sign shall not exceed six hundred seventy-two (672) square feet in size per facing, with a maximum width of twenty (20) feet and a maximum length of fifty (50) feet, inclusive of border and trim, but excluding the base, apron, supports, and other structural members.

Signs may be placed back-to-back, double faced, or in V-type construction, with not more than two (2) sides of facings and two (2) side-by-side displays to each facing, but such sign structures shall be considered as one (1) sign.

No such signs shall be erected within two thousand (2,000) feet of an existing off-premise sign.

For rights-of-way identified in Subsection (B)(9) below, the measurements in this Section shall be the minimum distances between off-premise signs measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to off-premise signs located on the same side of the highway involved.

For rights-of-way identified in Subsection (B)(10) below, the measurements in this Section shall be made along a straight line between the proposed off-premise sign and the nearest existing off-premise sign on either side of the highway involved.

No such sign shall be erected within five hundred (500) feet of a residence and fifty (50) feet of a non-residential structure, regardless of the zoning district.

Except as provided below, off-premise signs shall be erected only along the following rights-of-way in unincorporated St. Charles County:

Interstate Highway 64; and

Interstate Highway 70; and

U.S. Route 40; and

U.S. Route 61; and

Missouri Route 94 from Missouri Route B to Interstate Highway 64; and

Missouri Route 364 (Page Avenue Extension), excepting between Mid Rivers Mall Drive and Interstate Highway 64; and

Missouri Route 370.

10.

Off-premise signs not exceeding sixty-four (64) square feet in size shall be allowed along all State routes designated by letters.

11.

Electronic display off-premise signs. Electronic display techniques are permitted as off-premise signs when meeting criteria found herein and include any portion of said sign which contains alphanumeric characters, graphics or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area, including computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics onto the sign face. Any off-premise sign constructed meeting these criteria shall meet the following operational standards:

Duration. The full off-premise sign image or any portion thereof must have a minimum duration of ten (10) seconds and must be a static display. No portion of the image may flash, scroll, twirl, change color or in any matter imitate movement.

Video display. No portion of any billboard may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery or depicts action or a special effect to imitate movement or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes.

Transition. Where the full billboard image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixalization.

Fluctuating or flashing illumination. No portion of any billboard may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or that in any manner creates the illusion of movement.

Audio. Audio speakers are prohibited in association with a billboard.

Temporary off-premises subdivision signs are permitted as provided herein:

Temporary off-premises subdivision signs are defined as directional signs displaying the name or logo of a subdivision, directing the general public to that subdivision and advertising the development or sale of lots or parcels within that subdivision for residential, commercial, or industrial purposes.

An application for a permit for a temporary off-premises subdivision sign shall be a form provided by the Division of Building and Code Enforcement and shall be accompanied by: two (2) sets of construction plans, including a site location map, drawn to scale, addressing all requirements of this Section; and a letter from the owner(s) of the site at which the temporary off-premises subdivision sign is to be erected permitting the sign's erection at that site.

[Ord. No. 16-054 §11, 7-25-2016]

An application for a permit for a temporary off-premises subdivision sign shall be approved if the proposed sign conforms to the requirements of this Article (Section 405.470, Sign Permit Applications) and to the following standards for the location, the quantity and duration for the area, and for the height and illumination of temporary off-premises subdivision signs.

Temporary off-premises subdivision signs may be erected at intersections of public or private rights-of-way (excepting rights-of-way enumerated in this Section 405.475, Subsection (B)(4)(e), subject to the following restrictions:[2]

(1)

Such signs must be within one (1) mile of the subdivision development advertised.

(2)

Such signs must be located on vacant properties.

(3)

No such sign shall be erected within the public right-of-way or sight of a triangle area of a street - intersections as defined in Part 3, Article I, Section 405.415 (Additional Yard Requirements (K)).

(4)

All such signs must be erected within the triangle defined by the right-of-way lines of intersecting streets and a line connecting those right-of-way lines at points three hundred (300) feet from their intersection.

(5)

No such sign and its support shall be located within any public or private rights-of-way.

(6)

No such sign and its support shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

[2]

Editor's Note—In Ord. No. 10-041 §44, "405.475(2)(d)(5)" was changed to "405.475(B)(d)(e)", the above reference was editorially corrected.

Quantity and duration.

(1)

No more than two (2) temporary off-premises subdivision signs shall be allowed for any subdivision development.

(2)

Temporary off-premises subdivision signs shall be removed thirty (30) days following the sale or development of eighty percent (80%) of the property or two (2) years after the date of permit approval, whichever is earlier.

Area.

(1)

A temporary, off-premises subdivision sign shall not exceed thirty-two (32) square feet in area for each subdivision. This maximum area shall apply to each side of a sign structure.

(2)

If an applicant proposes to advertise more than one (1) subdivision development at an intersection, those signs shall be grouped and placed on the same set of sign supports. Ground signs advertising more than one (1) subdivision under development shall not exceed one hundred sixty (160) square feet in area. This maximum area shall apply to each side of a sign structure.

Height and illumination.

(1)

The maximum height of a temporary off-premises subdivision sign shall not exceed ten (10) feet from the highest point of the sign to the natural grade, which is the grade unaffected by construction techniques such as fill, landscaping, or berming.

(2)

No temporary off-premises subdivision sign may be illuminated.

[1]

Section 405.480 Signs Not Requiring Permits.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 09-081 §1, 8-11-2009]

Permanent (the sign must be attached to a structure).

A nameplate not exceeding two (2) square feet in an area lighted with only non-intermittent light identifying a private residence.

Non-illuminated signs for home occupations indicating only the name of the persons and their occupation or their business name, not to exceed two (2) square feet.

Signs indicating privacy, including "No Trespassing" signs, not exceeding two (2) square feet.

Permanent (Detached Signs).

On-premise directional signs not exceeding four (4) square feet for uses other than single-family residential.[1]

[1]

Editor’s Note: Former Subsection (B)(2), regarding on-premise non-illuminated signs for home occupations, which immediately followed, was repealed 9-28-2015 by §5 of Ord. No. 15-097.

Temporary signs are permitted (the sign can be either an on-premise ground sign or attached to a structure).

Signs advertising the sale, rent or lease of real estate. The maximum area shall not exceed four (4) square feet in single-family residential districts and thirty-two (32) square feet in districts other than single-family residential. Such signs shall be removed ten (10) days following the sale, rent or lease of the entire property.

One (1) on-premise, new-project construction sign shall be permitted not exceeding the following, provided such sign shall be removed ten (10) days after completion of the project:

Four (4) square feet on a lot or parcel within single-family residential districts.

Thirty-two (32) square feet for subdivisions or non-residential uses permitted within single-family residential districts.

Thirty-two (32) square feet in districts other than single-family residential.

On-premise signs advertising general sales of personal property operated by private individuals:

No sign shall be exhibited for more than one (1) day prior to the day such sale is to commence. Signs must be removed within twenty-four (24) hours of the close of such sale. The person(s) responsible for conducting such sale shall be responsible for removing such signs.

One (1) sign not more than four (4) square feet shall be permitted to be displayed on the property of the residence where the sale is being conducted.

On-premise fireworks signs and banners, not exceeding four hundred (400) square feet. Approval for the fireworks sign or banner shall accompany the issuance of the fireworks conditional use permit before the sign or banner is erected. Such signs or banners must be removed within twenty-four (24) hours of the last day of sales.

On-premise church, school, charitable, institutional public or semi-public, signs, banners, changeable copy signs, or bulletin boards indicating upcoming or on-going special events not exceeding thirty-two (32) square feet. Such signs and banners shall be removed, or changeable copy and bulletin boards shall be cleared of notices, within twenty-four (24) hours after the last date of a temporary special event.

Political signs not to exceed four (4) square feet per sign and a total sign area of sixteen (16) square feet in single-family residential districts and thirty-two (32) square feet in districts other than single-family residential.

Public signs and notices posted by or at the direction of a unit of government.

Agricultural seed number signs posted during the growing season in fields under cultivation and identifying the crops under cultivation.

Section 405.485 Non-Conforming Signs.

[Ord. No. 99-99 §1, 7-12-1999]

Any existing sign which was deemed a legal non-conforming use under a previous Zoning Order and any sign made non-conforming by the adoption of this Unified Development Ordinance, will retain its non-conforming status under the adoption of these regulations. Such a non-conforming sign, if removed, will lose its non-conformity status, and any replacement sign shall be erected in conformity with all sign requirements. Any non-conforming sign shall be brought into compliance when structural alterations, damage repairs, or routine maintenance exceed fifty percent (50%) of the current fair market value of the sign or when the sign is to be relocated on or off the premises.

Section 405.490 Prohibited Signs. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §45, 6-2-2010]

Signs or devices which, by color, location, or design, resemble or conflict with traffic control signs. Determination of the possible conflict is at the discretion of the Director of the Division of Planning and Zoning.

No sign shall contain flashing lights, intermittent lights, inverse flashing lights, x-ray modes, animators, or mechanical movements of any kind, except clocks.

(Reserved)

Exterior lighting of signs shall be arranged to ensure that no light is cast upon any adjacent zoned property.

Signs of any type placed on poles erected and maintained by any utility or public entity, except those signs placed by the utility or public entity.

No sign shall be located in such a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

No sign or parts of signs thereof may extend, either in whole or in part, over any structure, property line, right-of-way line, or attached to roofs.

Signs not rigidly fixed.

Wheeled and/or "flashing arrow" signs.

Paper posters and signs painted directly on exterior walls of any structure.

Signs painted directly on or affixed to vehicles and/or trailers, other than those signs incidental to the primary use of the vehicle and/or trailer.

All obsolete signs shall be removed from public view no later than thirty (30) days after the termination of an existing business or product.

Portables, pennants, and stringers.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.495 Home Occupation Regulations.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 10-041 §46, 6-2-2010; Ord. No. 10-090 §1, 10-18-2010]

Standards For The Operation Of A Home Occupation.

Only one (1) occupation or profession shall be permitted per resident residing at the premises.

No more than two (2) customers or clients may be served in a residence at one (1) time, except in the case of photography studios, where the number of customers shall not exceed ten (10).

The occupational use may occupy not more than twenty-five percent (25%) of the total floor area of the primary residential structure, and in no case more than five hundred (500) square feet of total floor area combined in all structures on the property.

Signage for home occupations shall be in conformance with Section 405.480.

The occupation must be carried on only by the members of the household residing on the premises.

No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced by the home occupation.

No exterior storage of materials or outdoor display shall be allowed.

No additional or separate exterior entrance, except as required by the State of Missouri for beauty salons, from outside the principal building to the home occupation, except that which serves the residential portion.

No structural additions, enlargements, or exterior alterations are permitted that would change the residential character of the principal building.

10.

The goods and services shall be provided principally on a custom, individual appointment or to-order basis, rather than a continuing and regular businesses enterprise.

11.

Only normal domestic or household equipment shall be used to accommodate the home occupation. This prohibits the use of gases, chemicals, commercial or industrial mechanical and electrical equipment.

Specific "Examples Of Home Occupations Permitted". These may include, but are not limited to, the following:

A professional such as an engineer, planner, architect, attorney, or accountant.

Dressmakers, seamstresses, or tailors.

Music, dancing, and other teachers or tutors.

Beauty, barber, or manicure services having not more than two (2) operators who are principal occupants of the premises.

Real estate or insurance services.

Photography studio devoted to the photography of individuals or small groups.

Artists, composers, and authors.

Taxidermists.

Specific "Examples Of Home Occupations Prohibited". Home occupations shall not, in any event, be deemed to include, but not be limited to, the following:

Automobile, truck, or vehicle repair.

Rental business.

Stables or kennels.

Eating or drinking establishments.

Veterinarian services and animal hospitals.

Mortuaries and embalming establishments.

Private clubs, including fraternity and sorority houses.

Storage of construction materials or contractors' equipment.

Retail sales.

10.

Wholesale or retail distribution of firearms.

Section 405.500 Wastewater Disposal Regulations. [1]

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 02-122 §1, 7-30-2002; Ord. No. 02-176 §1, 11-27-2002; Ord. No. 06-002 §1, 1-10-2006; Ord. No. 06-157 §1, 11-14-2006; Ord. No. 07-001 §1, 1-3-2007; Ord. No. 07-147 §1, 10-30-2007; Ord. No. 09-070 §3, 6-29-2009; Ord. No. 10-041 §47, 6-2-2010; Ord. No. 16-054 §11, 7-25-2016; Ord. No. 25-072, 11-10-2025]

Purpose. The purpose of the wastewater disposal regulations shall be to provide minimum standards for the design, construction and operation and maintenance of wastewater treatment facilities to protect surface water and ground water from contamination by human sewage and waterborne household, commercial and industrial wastes; to protect public health and safety and to eliminate or prevent the development of public nuisances.

Treatment System Requirements. All residential structures, commercial and industrial buildings, public and semi-public facilities, and other uses of land having occupants in the unincorporated areas of St. Charles County shall hereafter be equipped with an adequate, safe and sanitary disposal system for all human, domestic, and industrial wastes. For purposes of this Chapter or Chapter 410, treatment of wastewater shall be by one (1) of the following methods:

An existing wastewater treatment facility approved by the Missouri Department of Natural Resources and owned and operated by an appropriate local wastewater regulatory authority as referenced below in Section 405.500(B)(2)(a—b).

A newly constructed wastewater treatment facility regulated by the Missouri Department of Natural Resources and approved and operated as provided herein.

All newly constructed wastewater treatment facilities must meet the following requirements:

(1)

Such facilities must meet not only the applicable effluent limitations imposed by the Missouri Department of Natural Resources, but also the following effluent limitations:

(a)

Ten (10) milligrams or less per liter for biochemical oxygen demand ("BOD"); and

(b)

Ten (10) milligrams or less per liter for total suspended solids (non-filterable residue); and

(c)

Removal of ammonia nitrogen to two and one-half (2.5) milligrams per liter or less for September through March and to less than one (1) milligram per liter for April through August; and

(d)

Removal of eighty percent (80%) of total phosphorus or removal of phosphorus to two (2) milligrams per liter, whichever is less; and

(e)

Disinfection to achieve effluent fecal coliform counts of less than two hundred (200) counts or colonies per one hundred (100) milliliters.

(2)

Such newly constructed wastewater treatment facilities must be Membrane Bioreactor (MBR) Technology Treatment Systems or equivalent, cost-effective technology approved by the Director of Community Development. In each instance where a facility other than a MBR Technology Treatment System is proposed, that facility must be proven by actual (not bench scale) plant data to meet performance standards, reliability, and fail-safe design as determined and certified by a licensed professional engineer acceptable to the County. The licensed professional engineer acceptable to the County must also certify that in the event of system failure or malfunction, the facility will still perform such that untreated effluent will not be released into the adjacent watershed. Upon receipt of these certifications, the Director of Community Development shall make a determination as to whether or not the proposed facility is equivalent technology that will be acceptable to the County. Such systems must be owned, operated and maintained by one (1) of the following continuing authorities:

(a)

A municipality or public sewer district which has been designated as the area-wide management authority under Section 208(c)(1) of the Federal Clean Water Act; or

(b)

A municipality, public sewer district or sewer company regulated by the Public Service Commission (PSC) which currently provides sewage collection and/or treatment services on a regional or watershed basis as outlined in 10 CSR 20-6.010(3)(C) and approved by the Clean Water Commission; or

(c)

A municipality, public sewer district or sewer company regulated by the PSC other than one which qualifies under Sections 405.500(B)(2)(a)(2)(a) and (b) above or a public water supply district.

Design accommodations for such newly constructed wastewater treatment facilities shall include, but not be limited to, the following:

(1)

The wastewater treatment facility shall be located in common ground, within an easement granted or reserved for the purpose of constructing and operating such a facility, or on land owned by a continuing authority.

(2)

The wastewater treatment facility shall be located at least one hundred fifty (150) feet from any dwelling.

A no-discharge facility approved by the Missouri Department of Natural Resources and St. Charles County Division of Building and Code Enforcement.

Private sewage disposal systems regulated by the St. Charles County Division of Building and Code Enforcement requiring a permit and all necessary inspections where there is no possibility for connection to a sanitary sewer according to the local wastewater regulatory authority. Such systems may be permitted as follows:

New private sewage disposal systems. Parcels upon which a new private sewage disposal system is to be installed shall contain a total of not less than three (3) acres per dwelling unit unless Division of Building and Code Enforcement approval is given for existing parcels less than three (3) acres on a case-by-case basis.

(1)

The minimum area needed for a private sewage disposal system could be reduced to one (1) acre, with Division of Building and Code Enforcement approval, provided that all other requirements of Chapter 405 and Chapter 410 OSCCMo. are met.

(2)

For properties not wholly within a floodplain, the minimum area needed for a private sewage disposal system could be reduced to less than one (1) acre, provided that:

(a)

The property is part of a subdivision platted and recorded in the records of St. Charles County, Missouri, before November 1, 1959; and

(b)

The property is located within a subdivision or residential housing development which is exempted under 10 CSR 20-6.030(1)(C) of the Rules of the Missouri Department of Natural Resources, as amended; and

(c)

The requirements of the Missouri Department of Health and Senior Services for the construction and operation of on-site sewage treatment and disposal systems are met; and

(d)

All other requirements of Chapter 405 and Chapter 410 OSCCMo. are met.

Repair or replacement of existing private sewage disposal systems. Existing private sewage disposal systems that serve existing residential structures may be repaired or replaced, provided those systems and structures are on parcels that contain a total of not less than three (3) acres per dwelling unless Division of Building and Code Enforcement approval is given for existing parcels less than three (3) acres on a case-by-case basis, and provided further:

(1)

That the Division of Building and Code Enforcement determines that a functional private sewage disposal system can be installed on the parcel in question, and

(2)

That all other requirements of Chapter 405 and Chapter 410 OSCCMo. are met, and

(3)

That any appeal from an adverse determination by the Division of Building and Code Enforcement shall be to the Building Commission of St. Charles County, as provided by the Private Sewage Disposal Code of St. Charles County, Section 500.300, OSCCMo, notwithstanding any provision to the contrary of this Unified Development Ordinance of St. Charles County, Missouri.

If possible, public water supply should be available to these lots. The owner of the property will be required to connect to sanitary sewers, if available, within the distance set by the applicable Building Code and the local wastewater regulatory authority.

All newly constructed residentially zoned subdivisions, and all new subdivisions of land or any division of land into parcels or tracts, having lots, tracts or sites of an area less than three (3) acres in size, must be served by a wastewater treatment facility meeting the requirements imposed by Section 405.500(B)(1) or (2) above, as applicable.

(Reserved)[2]

[2]

Editor's Note: Former Subsection (D), regarding campground and travel trailer park sewage disposal, was repealed 11-14-2022 by Ord. No. 22-073. Prior history includes Ord. No. 16-054.

For floodplain areas, see Floodway, Floodway Fringe and Density Floodway Overlay Districts.

Permits.

Building permit. A building permit for a wastewater treatment facility shall not be issued by the Division of Building and Code Enforcement until a copy of an approved engineering report and an approved construction permit issued by the Missouri Department of Natural Resources is received for the construction of the facility and the Division of Building and Code Enforcement has determined that the requirements of Section 405.500(B)(2) are met or shall be met by the time the plant is operational and eligible for an operating permit from MDNR and for a certificate of occupancy from the Division of Building and Code Enforcement. Whenever the Division must determine whether those requirements shall be met in the future, the Division may do so upon an applicant's submission of evidence including documentation that a continuing authority meeting the requirements of Section 405.500(B)(2) or an entity seeking certification by the PSC as such an authority has agreed to own, operate and maintain the permitted wastewater treatment system. Under such circumstances, any land use and building permit issued for such a wastewater treatment plant shall provide that no certificate of occupancy may be issued for it until it is owned, operated and maintained by such a continuing authority.

Notice. The following notice shall appear on all plats served by new wastewater treatment systems and be supplied by developer or seller to all buyers of lots within those plats: "Property within this plat is to be served by a new wastewater treatment plant that will not operate until the St. Charles County Division of Building and Code Enforcement issues a certificate of occupancy after confirming that it is owned, operated and maintained by an operating authority specified in Section 405.500 of the United Development Ordinance of St. Charles County, Missouri."

[1]

Section 405.5021 Findings and Policy.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §1, 6-26-2002]

Vegetated buffers adjacent to natural watercourses provide numerous environmental protection and resource management benefits that can include the following:

Reducing flood impacts by absorbing peak flows and slowing the velocity of floodwaters;

Benefitting the community economically by minimizing encroachment on natural watercourses and the need for costly engineering solutions; by reducing property damage and threats to safety of watershed residents; by contributing to the scenic beauty and environment of the community, and thereby preserving the character of the community, improving the quality of life of its residents, and increasing the value of their property;

Providing infiltration of stormwater and runoff, and reducing impervious surfaces;

Stabilizing banks of natural watercourses;

Reducing sediment and erosion along natural watercourses;

Removing pollutants from stormwater;

Restoring and maintaining the chemical, physical and biological integrity of the water resources;

Maintaining base flows of natural watercourses;

Contributing organic matter that is a source of food and energy for the aquatic ecosystem;

10.

Providing tree canopy to shade natural watercourses;

11.

Providing habitat to a wide array of wildlife by maintaining diverse interconnected riparian vegetation;

12.

Furnishing recreational opportunities; and

13.

Allowing areas for natural watercourses to meander naturally reducing infrastructure and property damage.

It is the policy of St. Charles County to protect and maintain the native vegetation adjacent to natural watercourses by implementing specifications for the establishment, protection and maintenance of a vegetated buffer along all natural watercourses under St. Charles County's jurisdiction which are left in their natural state.

Section 405.5022 Purpose.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §2, 6-26-2002]

The purpose of this Article is to establish minimal acceptable requirements for the design of vegetated buffers to protect the natural watercourses of all watersheds within unincorporated St. Charles County which are left in their natural state; to protect the water quality of watercourses, reservoirs, lakes and other significant water resources within these watersheds; to protect riparian and aquatic ecosystems within these watersheds; to provide for the environmentally sound use of land and aquatic resources within these watersheds.

Section 405.5023 Scope of Application and Requirements.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §3, 6-26-2002; Ord. No. 03-142 §1(72—73), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007]

Application.

This Article shall apply to all proposed development except for that development which meets waiver or adjustment criteria as provided in this Article.

[Ord. No. 14-110 §1, 12-15-2014]

This Article shall apply to surface mining operations except that this Article's standards in Section 405.5025 shall not apply to active surface mining operations that are operating in compliance with Missouri Department of Natural Resources surface mining permit.

Except as provided in Section 405.5026(A) and Section 405.5026(B)(5), this Article shall not apply to land used primarily for agricultural or farming purposes.

Requirements.

All natural watercourses depicted on the most current United States Geological Survey (U.S.G.S) 7.5 Minute Series (Topographic) Maps for St. Charles County, Missouri, shall be left in their natural state.

All natural watercourses left in their natural state shall be flanked with vegetated buffers meeting the requirements of this Article.

Within such vegetated buffers, there shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of this Article.

Development along natural watercourses that are left in their natural state shall have residential, commercial or industrial improvements, parking areas, driveways and in all subdivisions, except those with lots three (3) acres or larger in size, lot lines set back from the top of the existing stream bank or the 10-year, twenty-four (24) hour or 15-year, twenty (20) minute water surface elevation where no established top-of-bank can be determined, all as provided by this Article. In the case of subdivision plats, except those with lots three (3) acres or larger in size, the watercourse and the above-mentioned setback area shall be preserved and made the responsibility of the subdivision trustees. In the case of a subdivision with lots three (3) acres or larger in size, site plan, commercial, industrial or private site, the watercourse and the above-mentioned setback area shall be preserved and made the responsibility of the property owner(s). Permanent vegetation and existing ground elevation and grades within the above-mentioned setback area shall be left intact and undisturbed, except as permitted by this Article.

Section 405.5024 Plan Requirements.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §4, 6-26-2002; Ord. No. 03-142 §1(74—76), 10-1-2003]

A vegetated buffer plan shall be submitted in conjunction with or as part of any grading plan or site plan for any development (if such grading plan or site plan is required by this Unified Development Ordinance), and the vegetated buffer shall be clearly delineated on any grading plan or site plan.

The vegetated buffer plan shall contain the following information:

A location or vicinity map;

Field-surveyed natural watercourses which are left in their natural state;

Field-surveyed vegetated buffers adjacent to natural watercourses which are left in their natural state;

Proposed clearing or grading limits;

Limits of the 100-year flood plain and floodway as identified on the official FIRM.

Boundary markers locating the boundaries of vegetated buffers and the clearing/grading limits shall be installed prior to final approval of the required clearing and grading plan.

Section 405.5025 Minimum Standards For Vegetated Buffers.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 02-088 §5, 6-26-2002]

A vegetated buffer for a natural watercourse which is left in its natural state shall consist of a vegetated strip of land extending along both sides of a natural watercourse.

The vegetated buffer shall begin at the edge of the bank of the natural watercourse.

For those sites where vegetation does not exist, developers or owners shall allow the vegetated buffer to succeed naturally.

The minimum width of the vegetated buffer shall be:

Fifty (50) feet along the main branch of the Dardenne Creek, the Peruque Creek, the Femme Osage Creek, the Big Creek, and the McCoy Creek;

Twenty-five (25) feet along all other natural watercourses left in their natural state.

The following land uses and/or activities are designated as potential water pollution hazards and must be set back from any natural watercourse left in its natural state by the distance indicated below:

Drain fields from on-site sewage disposal and treatment systems (i.e., septic systems)—one hundred (100) feet;

Raised septic systems—two hundred fifty (250) feet.

Section 405.5026 Management and Maintenance of Vegetated Buffer. [1]

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 03-142 §1(77—79), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007]

Installation or removal of berms or dams across natural watercourses that are depicted on the most current United States Geological Survey 7.5 Minute Series (Topographic) Maps for St. Charles County, Missouri, that cause or caused the impoundment of stormwater are permitted only with the approval of the Governing Body.

The vegetated buffer shall be managed to enhance and maximize its value and effectiveness. Management includes specific limitations on altering the natural conditions of the buffer. The following practices and activities are permitted only with the express written approval of the Director of Community Development:

Clearing of existing vegetation;

Soil disturbance by grading, stripping, or other practices;

Filling or dumping;

Drainage by ditching;

Installation or removal of berms or dams across natural watercourses that are not depicted on the most current United States Geological Survey 7.5 Minute Series (Topographic) Maps for St. Charles County, Missouri, that cause the impoundment of stormwater.

The following structures, practices and activities are permitted in the vegetated buffer, with specific design or maintenance features, subject to the review by the Director of the Division of Planning and Zoning and Director of the Division of Development Review:

Roads, bridges and utilities (including sanitary and storm sewers). The right-of-way shall be the minimum width needed to allow for maintenance access and installation. The angle of the right-of-way or utility crossing shall be perpendicular to the natural watercourse or vegetated buffer in order to minimize clearing requirements. Plats and site plans shall include only the minimum number possible of such crossings.

Paths, including hard-surfaced trails.

Buffer restoration projects approved by the Director of the Division of Planning and Zoning are permitted within the vegetated buffer.

Water quality monitoring and stream gauging are permitted within the vegetated buffer.

Trash and debris and individual trees within the vegetated buffer that are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the natural watercourse may be removed.

Material dredged or removed during development authorized under this Section shall be stored outside the vegetated buffer.

All plats and all improvement plans shall clearly:

Show the boundaries of any vegetated buffer on the subject property;

Provide a note to reference any vegetated buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri".

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.5027 Waiver or Adjustment.

[Ord. No. 02-004 §1, 1-30-2002; Ord. No. 03-142 §1(80), 10-1-2003; Ord. No. 14-110 §2, 12-15-2014]

The Director of Community Development or his/her designee may grant a waiver allowing the vegetated buffer to be disturbed only in cases of public purpose and necessity or only upon the Director's approval of designed streambank or site-development erosion control measures.

The Director of Community Development or his/her designee, upon written application by a property owner, may adjust the provisions of Section 405.5026, above, to allow a new accessory structure to encroach on the vegetated buffer, if the Director makes the following determinations based on the application and the records of the Department of Community Development.

The application is for a lot that:

Is less than three (3) acres in area;

Existed of record on January 30, 2002; and

Is improved by structures all of which existed on January 30, 2002.

The proposed accessory structure is permissible without any other variance.

The encroachment is the minimum necessary to accommodate the proposed accessory structure.

The encroachment will not substantially impair the policy, purpose and standards stated in Sections 405.5021, 405.5022 and 405.5025, above.

Section 405.5028 Violations and Enforcement. [1]

[Ord. No. 02-004 §1, 1-30-2002]

The Director of the Division of Planning and Zoning shall enforce the provisions of the foregoing Sections of this Article as provided in Sections 405.640 through 405.655 of this Unified Development Ordinance.

Anyone who knowingly makes any false statements in any application, record or plan required by this Article shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000.00) for each violation, imprisonment for not more than thirty (30) days, or both.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.503 Regulations Concerning High Pressure Pipelines.

[Ord. No. 04-162 §2, 10-13-2004; Ord. No. 05-027 §1, 3-1-2005]

All setback distance shall be measured from the nearest edge of the pipeline.

In all zoning districts, buildings shall be set back a minimum of twenty-five (25) feet from any high pressure pipeline.

In all zoning districts, all principal buildings, whether public or private, used for community or neighborhood recreation services, private or public education, spectator entertainment or sports, exhibition and convention facilities, major health services, religious assemblies or facilities used for public gatherings shall be set back a minimum of one hundred (100) feet from any high pressure pipeline.

If any building is erected at a distance of twenty-five (25) to fifty (50) feet from such pipeline, the owner of the building site and that owner's agents and contractors shall ensure that the cover over such pipeline meets the United States Department of Transportation regulations and requirements for additional cover as specified for all high pressure pipelines located within fifty (50) feet of a structure.

Easements shall be kept clear of all trees, bushes and structures.

No building, whether residential, commercial or industrial, nor any accessory structure may be built within the easement of a high pressure pipeline, however this shall not prevent street improvements or utilities from crossing the easement with the consent of the pipeline company.

Where a developer seeking approval for a proposed subdivision of land places the pipeline and pipeline setback in common ground pursuant to the requirements of Sections 410.110(C)(2)(q) and 410.210(M) of this Unified Development Ordinance, the area within the common ground encompassed by the pipeline and pipeline setback area may be applied to reduce the size of lots in the subdivision, on the following conditions:

The lot size reductions shall not exceed the area encompassed within such common ground area;

No lot may be reduced to a size smaller than that permitted under the next highest level of density allowed in the residential zoning hierarchy established in the Unified Development Ordinance; and

Those lots that are reduced in size shall also be entitled and have applied to them the yard, area, lot widths and setbacks under the next highest level of density allowed in the residential zoning hierarchy established in the Unified Development Ordinance.

The Board of Zoning Adjustment shall have the authority to approve a reduced setback where the applicant to the Board can prove that there is a unique hardship to the property that prevents the reasonable and practicable development of the property. In such cases, the Board of Zoning Adjustment shall give notice by U.S. mail as provided in Section 405.590(B) of the Unified Development Ordinance not only to the property owners or agents described therein but also to the owners of the pipeline from which the setback in question is measured. Further, in such cases, the Board of Zoning Adjustment may require berming, containment systems or other requirements to mitigate the potential for injury to persons or damage to buildings by a high pressure pipeline leak or explosion. Appeals from the decision of the Board shall be in the manner provided for all other decision of the Board of Zoning Adjustment.

Section 405.505 Regulations Relating To Telecommunication Facilities.

[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(81), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §48, 6-2-2010; Ord. No. 13-060 §1, 8-12-2013; Ord. No. 25-006, 2-24-2025]

Subject to Subsection (D) below, telecommunication facilities are allowed only in districts in which telecommunications facilities are enumerated as a conditional use and only with the issuance of a conditional use permit; provided that the distance from the center of the base of the tower to the nearest property line shall not be less than the height of the tower. The height of the proposed telecommunication facility shall be stated in the conditional use permit. The minimum distance between telecommunication towers shall be one (1) mile with the issuance of the conditional use permit.

Existing Structures. Telecommunication antennas may be added to specific existing structures in any zoning district, provided the device does not extend greater than eight (8) feet vertically above the existing structure. Examples of these types of structures include water towers, broadcast towers, fire stations, church steeples, billboards, etc. Such telecommunication antennas shall be painted and/or textured to match the existing structure on which it is installed. A telecommunication antenna shall not be added or attached to a residence or a residential structure other than exemptions in this Section.

General Regulations Relating To Telecommunication Facilities.

Except as permitted by a conditional use permit in the "I1," Light Industrial District or "I2," Heavy Industrial District, only one (1) telecommunication tower shall be allowed on an individual property.

All towers shall be secured with fencing or anti-climbing devices.

Stealth telecommunications facilities (concealed towers) may be located in attics, steeples, towers, behind and below parapets or totally concealed within a new architectural addition to a building or a structure. On existing structures the antennas for telecommunication facilities with stealth design shall not extend more than eight (8) feet vertically beyond the edge of the attached structure and shall be painted and/or textured to match the existing structure on which it is installed.

No sign shall be allowed on the antennas, telecommunication facility, or equipment enclosures other than the telecommunication company's identification sign or warning signs not to exceed two (2) square feet in area.

The regulations concerning telecommunication towers shall prevail when there are conflicts between the height limits and the building setback standards of the respective zoning districts and these regulations.

Telecommunication towers, guy wires, shelter structures and other equipment, except for properties zoned "A" or "I," shall provide a minimum setback of twenty-five (25) feet in all directions from the property limits. Those properties zoned "I" must meet all setback requirements of the zoning district. In the "A" Agricultural District the minimum front, side and rear setbacks for the tower shall be equal to the height of the telecommunication facility. All other structures associated with the telecommunication facility in the "A," Agricultural District shall meet the minimum principal structure setbacks.

The design of the telecommunication facility shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities with the surrounding natural setting and environment.

No telecommunication tower shall be used for any other use other than as an antenna support structure, except when such other use is part of the applicant's efforts to camouflage the facility or have a stealth design.

(Reserved)

10.

The Planning and Zoning Division shall be notified within thirty (30) days when a telecommunication facility is no longer in use for communication purposes under County ordinance. All abandoned or unused telecommunication facilities shall be removed from the property within one hundred eighty (180) days of the ceasing of operations.

11.

An existing telecommunication facility may be replaced with a new facility including for co-use under the existing facility’s already approved land use or conditional use permit, provided the existing facility is removed from the property. The new telecommunication facility shall not exceed the height of the facility being replaced. New facilities approved under this provision are not exempt from other requirements of this Unified Development Ordinance (such as requirements for site plan approval) or of the Building Code of St. Charles County.

12.

Telecommunication farms shall have all towers of similar design and height. Said farm shall not contain more than three (3) towers per acre.

13.

Exemptions: The following are considered exempt telecommunication facilities, and are not governed by this Section when erected as an accessory structure:

A single telecommunication antenna for the sole use of the tenant or owner occupying a residential parcel and used as accessory to the permitted use of such property. Such antenna shall conform to the height and setback requirements of the district they are located in.

A single telecommunication facility, which is accessory to the principal[1] non-residential use of the property. Such facilities shall conform to the height and setback requirements of the district they are located in.

[1]

Note—The word "principal" was changed from the word principle which was contained in the original ordinance editorially after conferring with the county.

Permitting Requirements.

Applicants for land use permits or for conditional use permits for telecommunication facilities or towers shall provide the Planning and Zoning Division with a detailed site plan for review and approval along with their permit applications, except those for towers of stealth design. Such detailed site plans shall include or show: the location of the proposed tower and all other elements of a telecommunication facility, fencing or anti-climbing devices, and their distances from all property lines, from all other structures on the site, and from all structures on adjoining properties.

In addition to the detailed site plans required above, all applications for land use permits or for conditional use permits for telecommunication facilities or towers shall also include or be accompanied by:

An application form provided by the Division of Planning and Zoning and completed and signed by the applicant;

The application fee required by ordinance;

A copy of a lease, letter of authorization or other agreement from the property owner evidencing applicant's right to pursue the application;

Locations of all telecommunication towers within two (2) miles of the proposed telecommunication facility or tower;

Height of the proposed telecommunication tower;

Email address (as well as mailing address and telephone and fax numbers) of the applicant, property owner and consulting engineer; and

Certification by St. Charles County's Emergency Communications System Manager that the telecommunication tower sought to be permitted will have no detrimental impact upon any microwave transmission path or paths of the Emergency Communications System.

Upon submission of applications for land use permits or for conditional use permits required by this section, the Division of Planning and Zoning shall immediately send the applicant written notice that:

Its application is either complete or incomplete; and

In the case of incomplete applications, identifies the deficiencies in the application which, if cured, would make the application complete.

Incomplete applications shall be deemed abandoned if deficiencies are not cured within thirty (30) days or within such additional time as the applicant may request pursuant to these regulations.

If an application is for a conditional use permit, it shall be set for hearing by the Planning and Zoning Commission at its next scheduled meeting; provided however, that:

For any incomplete application, such a setting shall be conditioned upon the applicant's curing deficiencies in it seven (7) days prior to that next scheduled meeting; and

Failure to cure deficiencies by that date shall be deemed a request for an additional thirty (30) days to do so.

An applicant may make a written and signed request for an additional thirty-day period to cure deficiencies as provided herein:

Such applications must be filed within thirty (30) days of the original notice of deficiencies; and

Such applications if granted shall continue any hearing by the Planning and Zoning Commission that may have been scheduled upon an application for a conditional use permit.

Conditional use permits shall be required:

As provided in Subsection (A), above; and

In the case of any application for a site or site plan that does not meet spacing or setback standards stated in Subsection (A), above, and notwithstanding any other provision of this Unified Development Ordinance, adjustments to those spacing or setback standards shall be granted only by approval of conditional use permits and only for good cause stated and shown.

Where conditional use permits are required by these regulations, applications for such permits shall be accepted for filing only on the application deadline date published on the St. Charles County Government website, which shall be the 21st day prior to the next scheduled meeting of the Planning and Zoning Commission.

Section 405.5061 (Reserved) [1]

[1]

Editor's Note—Ordinance no. 01-054 has moved definitions previously contained in section 405.5061 to section 405.060. Former section 405.5061 derived from ord. no. 99-148 §1, 12-1-1999, which has been noted in cross reference of section 405.060.

Section 405.5062 Location of Sexually Oriented Businesses.

[Ord. No. 99-148 §2, 12-1-1999]

A person may operate or cause to be operated a sexually oriented business in accordance with the following regulations:

A sexually oriented business may only be operated in "I1" Light Industrial and "I2" Heavy Industrial zoning districts as those districts are defined and described in the Unified Development Ordinance.

A sexually oriented business shall not be operated within five hundred (500) feet of the following:

A church, synagogue, mosque, temple or building which is used for religious worship and related religious activities;

A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds;

A boundary of a residential zoning district as defined in the Unified Development Ordinance;

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the County;

The property line of a lot devoted to a residential use as defined in the Unified Development Ordinance;

An entertainment business which is oriented primarily towards children or family entertainment; or

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.

For purposes of this provision, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of one (1) of the above-listed uses. Presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this provision.

A sexually oriented business shall not be operated, established, substantially enlarged or undergo transfer of ownership or control within five hundred (500) feet of another sexually oriented business.

For purposes of this provision, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

A person shall not cause or permit the operation, establishment or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.

Any sexually oriented business lawfully operating on the effective date of this Article that is in violation of Section 405.5063 of this Article shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred (500) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is/are non-conforming.

Section 405.5063 Hours of Operation.

[Ord. No. 99-148 §3, 12-1-1999]

No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 11:00 P.M. and 9:00 A.M.

Section 405.5064 Exterior Portions of Sexually Oriented Businesses.

[Ord. No. 99-148 §4, 12-1-1999]

Merchandise or activities of the sexually oriented business shall not be visible from any point outside such business.

The exterior portions of a sexually oriented business shall not have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Article.

The exterior portions of a sexually oriented business shall be painted a single achromatic color; however, this provision shall not apply to the business if the following conditions are met:

The business is part of a commercial multi-unit center; and

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.

Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of an enterprise.

Section 405.5065 Signage.

[Ord. No. 99-148 §5, 12-1-1999]

Any person operating a sexually oriented business shall comply with the signage requirements set forth in the Unified Development Ordinance at Sections 405.470 through 405.490, Ordinances of St. Charles County, Missouri. However, the following requirements apply to signage for sexually oriented businesses and supersede any conflicting provisions in the Unified Development Ordinance:

Only one (1) on-premises properly-permitted sign is allowed to advertise the sexually oriented business.

Signs shall be a flat plane, rectangular in shape and have no more than two (2) display surfaces. Each display surface shall not exceed seventy-five (75) square feet in area and shall not exceed ten (10) feet in height or ten (10) feet in length.

No sign shall contain photographs, silhouettes, drawings or pictorial representations of any manner, and may only contain the following:

The name of the business; and/or

One (1) or more of the following phrases:

(1)

Adult Arcade

(2)

Adult Bookstore

(3)

Adult Novelty Store

(4)

Adult Video Store

(5)

Adult Cabaret

(6)

Adult Motel

(7)

Adult Motion Picture Theater

(8)

Adult Theater

(9)

Escort Agency

(10)

Massage Parlor

(11)

Adult Encounter Establishment

Signs for adult movie theaters may contain the additional phrase "Movie Titles Posted Inside Premises".

Each letter forming a word on a sign shall be of a solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

Section 405.5066 Violations and Penalties. [1]

[Ord. No. 99-148 §6, 12-1-1999]

Misdemeanor. Any person who violates any provision of this Article shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) a day or six (6) months' imprisonment, or both. Each and every day that such violation continues shall constitute a separate offense.

Persons Liable. The owner or general agent of any such land, building, structure, or premises where a violation of these provisions has been committed or shall exist, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which the violation has been committed or shall exist, or the owner, general agent, architect, builder, or contractor, or any other person who knowingly commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) per day or six (6) months' imprisonment, or both. Each and every day that such violation continues shall constitute a separate offense.

Inspection/Notice. The Director of the Division of Planning and Zoning or his/her duly authorized representative shall have the power to cause any land, building, structure, place, or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein in violation of this Article. If the Director of the Division of Planning and Zoning or his/her duly authorized representative finds that the use of any building, structure, or land, or the work on any building or structure, violates any of the provisions of this Article, the Director of the Division of Planning and Zoning or his/her duly authorized representative shall sign and issue a written order so stating. With respect to uses that violate this Article, the written order shall direct that such use(s) be stopped within ten (10) days. With respect to work on buildings or structures that violates this Article, the written order shall direct that such work be stopped immediately. The written order shall be served upon the owner and (where appropriate) the tenant or lessee or occupant of the building, structure or land that is the subject of the violation, as well as on any person doing work on buildings or structures in violation of this Article.

Actions To Abate. Nothing in this provision shall be construed to limit the ability of the County or other affected persons to pursue any other remedies available, including a suit for injunction, in order to enforce the provisions of this act or prevent any illegal act, conduct, business, or use in or about the premises.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.5067 Enforcement. [1]

[Ord. No. 99-148 §7, 12-1-1999]

Enforcement of this Article shall be the responsibility of the Division of Planning and Zoning. The office of the County Counselor shall be responsible for prosecuting these cases or pursuing other legal remedies for the violations of the ordinance.

[1]

Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.

Section 405.5071 Definitions.

[Ord. No. 19-061, 7-29-2019]

For the purposes of this Article, the following terms shall have the same meaning as codified in Section 277.040 OSCCMo., and are incorporated herein by reference:

FACILITY;

MEDICAL MARIJUANA CULTIVATION FACILITY;

MEDICAL MARIJUANA DISPENSARY FACILITY;

MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY;

MEDICAL MARIJUANA TESTING FACILITY; and

MEDICAL MARIJUANA TRANSPORTATION FACILITY.

Section 405.5072 Location Of Medical Marijuana Facilities.

[Ord. No. 19-061, 7-29-2019; Ord. No. 19-074, 9-9-2019]

Except as provided by Section 277.510, each Facility shall be operated from a permanent location, and no Facility shall be permitted to deliver or operate from a movable, mobile, or transitory location.

A Facility shall not be operated within one thousand (1,000) feet, as measured by Subsection (D), of the following:

A church, synagogue, mosque, temple, or building which is used for religious worship and/or related religious activities;

A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; and the grounds upon which any educational facility is located;

Any residential zoning district as defined in the Unified Development Ordinance; or

The property line of a parcel of land zoned "A" Agricultural District and containing a residence.

A Facility shall not be operated within a building or structure that contains a residential unit.

Calculation Of Distance. Distance shall be measured as follows:

In the case of a freestanding Facility, the distance between the Facility and property listed in Subsection (B) shall be measured from the Facility to the closest point of the property line of the property listed in Subsection (B).

In the case of a Facility that is part of a larger structure, such as an office building or strip mall, the distance between the Facility and property listed in Subsection (B) shall be measured from the property line of the property listed in Subsection (B) to the facility's entrance or exit closest in proximity to the property line of the property listed in Subsection (B).

Measurements shall be made along the shortest path between the demarcation points using a straight line.

Section 405.5073 Compliance Required For Zoning Confirmation.

[Ord. No. 19-061, 7-29-2019]

Any proposed location for a Facility must be in compliance with the provisions of Chapter 405 OSCCMo., including but not limited to Section 405.5071 of this Article, before a Zoning Confirmation may be issued in accordance with Chapter 277 OSCCMo.

Section 405.5074 Sign Requirements; Warnings To Be Posted.

[Ord. No. 19-061, 7-29-2019]

All signage for a Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana Transportation Facility shall comply with the requirements of this code set forth in Sections 405.470 — 405.490 of the UDO.

Section 405.5075 Violations And Penalties.

[Ord. No. 19-061, 7-29-2019]

Misdemeanor. Any person, individual, partnership, firm, company, corporation, association, sole proprietorship, limited liability company, joint venture, estate, trust, or other legal entity who violates any provision of this Article shall be guilty of a misdemeanor and shall be punished by a fine of up to one thousand dollars ($1,000.00) per day for each violation. Each and every day that such violation continues shall constitute a separate offense. The judge(s) presiding over cases prosecuting such violations will set the schedule for fines and any other such punishment allowable under this Article, as the judge(s) may deem appropriate.

Injunction; Actions To Abate. Nothing in this provision shall be construed to limit the ability of the County or other affected persons to pursue any other remedies available, including a suit for injunction, in order to enforce the provisions of this act or prevent any illegal act, conduct, business, or use in or about the premises.

Section 405.5076 Enforcement.

[Ord. No. 19-061, 7-29-2019]

Enforcement of this Article shall be the responsibility of the Director of Community Development. The office of the County Counselor shall be responsible for prosecuting these cases or pursuing other legal remedies for the violations of this Article.

PART 1

GENERAL PROVISIONS

PART 2

DISTRICT REGULATIONS

PART 3

SUPPLEMENTARY REGULATIONS

Article I Additional Requirements
Article II Parking and Loading Requirements
Article III Sign Regulations
Article IV Home Occupations
Article V Wastewater Disposal
Article VI Regulations For The Protection of Natural Watercourses
Article VII Regulations Concerning High Pressure Pipelines
Article VIII Regulations Relating To Telecommunication Facilities
Article IX Regulations For Sexually Oriented Businesses
Article X Regulations For Medical Marijuana Facilities