Town And Country, MO Zoning Ordinance

Town And Country City Zoning Code

ARTICLE VI

Conditional Uses

Section 405.180 Statement of Purpose and Policy.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(6000), 11-13-1989]

All conditional uses may only be authorized by ordinance as described in this Article. The Board of Aldermen, subject to the procedures hereinafter set forth, shall have the power to adopt ordinances for conditional uses allowable within a given zoning district in accordance with the standards set forth herein, provided appropriate conditions and safeguards are imposed to preserve property values and to protect the public welfare as set forth herein.

Section 405.190 Standards For Conditional Uses.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(6001), 11-13-1989]

The Board of Aldermen shall not approve any conditional use permit application, or any amendment to an existing conditional use permit, which they determine will:

Substantially increase traffic hazards or congestion;

Substantially increase fire, health or any other public safety hazards;

Adversely affect the visual coherence, predominant usage or development character of adjacent neighborhoods;

Adversely affect the general welfare of the community;

Overtax public utilities, service or other municipal facilities;

Be developed and operated in a manner that is physically and/or visually incompatible with the permitted uses in the surrounding areas;

Substantially increase stormwater drainage on other lots; or

Create a nuisance.

If the Board determines that the conditional use permit would not result in the effects described in Subsection (A) above, the Board may impose as conditions to the conditional use permit, provisions which it determines to adequately safeguard the standards set forth above including, but not limited to, the following matters:

There is appropriate provision for greenery planting and its maintenance, both for diversion purposes from streets and also from adjacent properties, which planting may be required to be as high as twelve (12) feet when for the purpose of screening from adjacent properties and of sufficient width to accomplish the purpose;

The area or necessary portions thereof are adequately fenced, if determined by the Board of Aldermen to be necessary to prevent unauthorized persons from having access to the area, which fencing may be required to a height of six (6) feet;

There is adequate off-street parking, taking into account the number of employees and number of members of the public that will be using the area;

Appropriate provision is made for paving all parking and driving areas;

Appropriate provision is made for all sanitary sewerage and stormwater runoff;

Adequate provision is made for off-street loading;

Adequate provision is made for ingress and egress to abutting streets;

There is adequate area for the intended use, which area may be greater than the minimum specified in the regulations of the zoning district in which the proposed use is to be located, and which shall be sufficient to protect all surrounding properties, taking into account all aspects of the intended use;

Adequate provision has been made for the disposition of refuse and rubbish, garbage, or other materials;

10.

There is reasonable assurance that the proposed project or development will be completed, if authorized, and to guarantee such completion a bond may be required.

All conditional uses, if granted, shall observe and be subject to all other regulations and restrictions otherwise applicable to permitted uses in the district within which the proposed use is to be located, unless more stringent requirements are imposed in connection with a condition imposed as part of the granting of the conditional use.

Duration. Unless otherwise stated, substantial work or construction under a conditional use permit must be commenced within one (1) year from the date of its approval or within such time extension granted by the Board for good cause shown, or the permit shall terminate.

Initiation. Any property owner or a duly authorized representative of the property owner may apply for a conditional use permit or an amendment to an existing permit.

Section 405.200 Application For Permit and Procedure.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(6002), 11-13-1989]

Applications for conditional use permits shall be in writing which shall apprise the Board of the desired use of the property proposed to be affected. Application shall be filed with the Board, accompanied by a fee which the Board may prescribe. Separate application shall be required for each conditional use within the particular zoning district. The application shall be accompanied by:

Those materials required for site plan review in Article VII (Sections 405.230 — 405.300) of this Chapter.

Optionally, at the applicant's discretion, unless otherwise required by the Planning and Zoning Commission or the Board, any additional specifications, elevations, or models which they may deem to be necessary to clarify the proposal.

Upon the filing of such application together with the filing fee, the Director, after determining that the application is complete, shall refer the matter to the Commission for its recommendations and report, which report shall be delivered in writing to the Board within ninety (90) days after it shall have been received by the Commission. The Director shall simultaneously send a copy of said completed application to the Board for its information.

Upon the referral of the matter by the Board to the Commission, the Commission shall take the matter under submission and investigate the matter in light of the provisions set forth herein.

Upon the filing of the Commission's report with the Board, or the expiration of said ninety (90) day period if no such report is filed, the Board shall proceed to hold a public hearing in relation thereto at any regular or special meeting of the Board. Fifteen (15) days' notice of the time and place of said hearing shall be published in a newspaper of general circulation in the City. The Board shall, in addition, give notice by first class mail to the applicant and all property owners as shown on the tax records of the City within three hundred (300) feet of the boundaries of the site for which the application is filed. After such public hearing and upon consideration of any additional facts or information which may be brought before the Board, and in light of the report and recommendations of the Commission, the Board shall decide whether to grant the application consistent with the provisions of this Section, and if so, upon what terms and conditions it deems essential in order to safeguard the matters set forth herein. If the Board shall decide to grant the permit, it shall do so by enactment of an ordinance authorizing the same and setting forth the terms and conditions upon which the permit is granted. If the application is denied, the applicant shall be informed in writing of the action of the Board. The Board shall prepare written findings of fact and conclusions of law supporting its decision to deny the application.

Protest. In cases of an adverse report by the Commission, or if a protest against such proposed conditional use permit shall be presented in writing to the City Clerk duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) covered by such proposed conditional use permit or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the property proposed to be covered by the conditional use permit then such proposed conditional use permit shall not become effective except by the favorable vote of two-thirds (⅔) of all members of the Board of Aldermen.

Revocation. A conditional use permit may be revoked upon recommendation of the Director and approval of the Board should the property owner violate any condition of the conditional use permit, provided however, that the property owner was first served with an order to remove the violation and the property owner failed to comply with the order within ten (10) days of receiving such order and following a notice and hearing held in accordance with Subsections (D) and (E) above.

Posting Of Signs. The Director shall cause a sign or signs not less than twenty (20) inches by twelve (12) inches to be placed on each tract of land for which an application for a conditional use permit has been filed with the City. Said sign or signs shall be placed on such land at least fifteen (15) days prior to the public hearing held by the Board and shall be posted in a conspicuous place at a point nearest the right-of-way of any street or roadway abutting such land so as to be clearly visible to the traveled portion of such street or roadway. Such sign shall conspicuously display at least the following information:

	PUBLIC HEARING APPLICATION FOR ZONING CONDITIONAL USE PERMIT HAS BEEN FILED WITH THE CITY OF TOWN AND COUNTRY FOR: (nature of application)
	PUBLIC HEARING WILL BE HELD ON (Date and Time)
	AT (Location)
	The Director may provide for such additional information to be placed on any such sign, and such additional signs, which would serve to fully inform the public as to the nature of the application.

Penalty For Removal Or Defacement Of Signs. Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign shall be deemed guilty of a violation of this Chapter, and upon conviction shall be punished as provided for in Section 405.270 of this Chapter relating to persons who fail to comply with an order of the Director to remove any violation of the Zoning Code.

Section 405.210 Amendment Procedure.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(6003), 11-13-1989]

Amendments to conditional use permits shall be in writing which shall apprise the Board of Aldermen of the proposed amendment to the approved conditional use permit. This proposed amendment shall be filed with the Board and accompanied by a fee which the Board shall prescribe. The request for amendment shall also include documentation reflecting the purpose and character of the amendment in a form consistent with that required in Section 405.200(A)(1) and (2). The Board shall submit said proposed amendment to the Planning and Zoning Commission for review and recommendation. The Commission shall then evaluate the request for consistency in purpose and content with the nature of the conditional use request as originally advertised for public hearing, and approved by the Board.

If the Commission determines that the proposed amendment to the approved conditional use permit is inconsistent in purpose and content with the nature of the conditional use as originally advertised for public hearing, or with the conditions for approval as contained in the ordinance authorizing said conditional use, the Commission shall so report to the applicant and the Board. The Commission may, if deemed necessary, recommend to the Board that a new public hearing be held on the matter in accordance with the public hearing procedures set forth in Section 405.200(D). If the Board shall decide to grant the permit, it shall do so by enactment of an ordinance amending the original ordinance approving said conditional use permit and setting forth terms and conditions upon which the amended conditional use permit is granted. If the application for amendment to the conditional use permit is denied, the applicant shall be informed in writing of the action of the Board.

Protest. In cases of an adverse report by the Commission, and a determination by the Commission that a public hearing is required for the amendment of the conditional use permit, or if a protest against such proposed amendment to the conditional use permit shall be presented in writing to the City Clerk duly signed and acknowledged by the owners of thirty percent (30%) or more either of the area of the land (exclusive of streets and alleys) covered by such proposed amendment to the conditional use permit or of an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distance from the boundaries of the property included within the proposed amendment to the conditional use permit then such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all members of the Board of Aldermen.

Section 405.220 Antennas and Antenna Support Structures.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(6004), 11-13-1989; Ord. No. 3291 §2, 10-23-2007]

Purposes. The purposes of this Section are to:

Provide for the appropriate location and development of antennas and antenna support structures to serve the citizens and businesses of the City of Town and Country;

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

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

Maximize and encourage the use of disguised support structures so as to ensure the architectural integrity of designated areas within the City and the scenic quality of protected natural habitats.

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

ANTENNA

Any device or array that transmits and/or receives electromagnetic signals for voice, data or video communication purposes including, but not limited to, television, AM/FM radio, microwave, cellular telephone and similar forms of communications, but excluding satellite Earth stations less than six (6) feet in diameter, any receive-only home television antennas and any antenna supported by a structure not greater than seventy-two (72) feet in height which is owned and operated by an amateur radio operator licensed by the FCC.

ANTENNA SUPPORT STRUCTURE

Any structure designed and constructed for the support of antennas, including any tower or disguised support structure, but excluding those support structures not greater than seventy-two (72) feet in height owned and operated by an amateur radio operator licensed by the FCC. For purposes of this Section, the term "antenna support structure" shall also include any related and necessary cabinet or shelter.

BUILDING

A structure, other than a single-family residence, not constructed primarily for the support of antenna but which may be utilized for such purposes in accordance with this Section.

CABINET

A casing or console, not to include a shelter, used for the protection and security of communications equipment associated with one (1) or more antennas and antenna support structures, where direct access to equipment is provided from the exterior and the horizontal dimensions of which do not exceed four (4) feet by six (6) feet.

CO-USE

The location and use of two (2) or more antenna on a single antenna supporting structure.

DIRECTOR

The Planning Director of the City of Town and Country or his/her designee.

DISGUISED SUPPORT STRUCTURE

Any freestanding, manmade structure designed for the support of antennas, the presence of which is camouflaged or concealed as an architectural or natural feature. Such structures may include but are not limited to clock towers, campaniles, observation towers, pylon sign structures, water towers, artificial trees, flag poles and light standards.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

FREESTANDING TOWER

A tower designed and constructed to stand alone on its own foundation and free of architectural or supporting frames or attachments, including but not limited to self-supporting (lattice) towers and monopoles.

HEIGHT

The vertical distance measured from the base of a structure at ground level to its highest point, including the main structure and all attachments thereto.

SHELTER

A building for the protection and security of communications equipment associated with one (1) or more antennas and antenna support structures where access to equipment is gained from the interior of the building. Human occupancy for office or other uses or the storage of other materials and equipment not in direct support of the connected antennas and antenna support structures is prohibited.

STANDARD OUTDOOR ADVERTISING STRUCTURES

All signs which advertise products, services or businesses which are not located on the same premises as the sign, including billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground.

TOWER

A structure designed for the support of one (1) or more antennas, including self-supporting (lattice) towers, monopoles or other freestanding towers, or guyed towers, but not disguised support structures or buildings.

General Criteria And Preferences. A conditional use permit or an administrative permit shall be necessary to construct, alter or modify any antenna support structure, or to mount any antenna on any building or other structure, in any zoning district in the City of Town and Country, as provided in this Section. The general criteria and preferences for granting same and the regulations governing antennas and antenna support structures shall be as follows:

Building Codes and safety standards. All antennas and antenna support structures shall meet or exceed the standards and regulations contained in applicable State and local Building and Electrical Codes as well as the applicable standards published by the Electronics Industries Association, as amended from time to time.

Regulatory compliance. All antennas and antenna support structures shall meet or exceed current standards and regulations of the FAA, FCC and any other Federal or State agency with the authority to regulate antennas and support structures. Should such standards or regulations be amended, then the owner shall bring such devices and structure into compliance with the revised standards or regulations within six (6) months of the effective date of the revision unless an earlier date is mandated by the controlling agency.

Security. All antennas and antenna support structures shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or modify antennas or support structures. Additional measures may be required as a condition of the issuance of any permit as deemed necessary by the Director or the Board of Aldermen.

Lighting. Antenna support structures shall not be lighted unless required by the FAA or other Federal or State agency with authority to regulate, in which case a description of the required lighting scheme will be made a part of the application for conditional use permit.

Advertising. Unless a disguised support structure is in the form of a standard outdoor advertising structure, the placement of advertising on antenna support structures is prohibited.

Design.

Guyed towers are prohibited absent a determination by the Board of Aldermen as provided in Subsections (E)(5)(b) or (E)(5)(c) of this Section.

Antenna support structures, except disguised support structures, shall maintain a galvanized steel finish or, subject to the requirements of the City or the FAA, FCC or any applicable Federal or State agency, be painted a neutral color consistent with the natural or built environment of the site.

Shelters or cabinets shall have an exterior finish compatible with the natural or built environment of the site, and shall also comply with such other reasonable design guidelines as may be required by the City.

Antennas attached to a building or disguised support structure shall be of a color identical to or closely compatible with the surface to which they are mounted.

Towers shall be surrounded by a landscape strip of not less than ten (10) feet in width and planted with materials which will provide a visual barrier to a minimum height of six (6) feet. Said landscape strip shall be exterior to any security fencing. In lieu of the required landscape strip, a minimum six (6) foot high decorative fence or wall may be approved by the City upon demonstration by the applicant that an equivalent degree of visual screening is achieved.

Location and setback.

No antenna support structures, excluding disguised support structures, shall be located within one-half (½) mile of another, preexisting antenna support structure, with the distance being measured from the center of the base of the existing structure to the center of the base of the proposed structure. Absent a determination by the Board of Aldermen as provided in Subsections (E)(5)(b) or (E)(5)(c), antenna support structures, except disguised support structures, shall not be located within five hundred (500) feet of any residential structure, or any parcel of property used as a park, playground, school, library, hospital, church, historic district, landmark, or an area on the National Register of Historic Places.

The minimum setback from all adjoining property lines shall be that required for principal structures in the applicable zoning district, plus one (1) additional foot for every one (1) foot in height of the antenna support structure.

Height. Antenna support structures shall not exceed a height of seventy-two (72) feet in any of the City's zoning districts, unless a different height is authorized because of the application of Subsection (C)(9)(c) of this Section or because of a determination of the Board of Aldermen pursuant to Subsection (E)(5)(b) or Subsection (E)(5)(c) hereof.

Co-use. Prior to the issuance of any conditional use permit the applicant shall:

Submit a notarized statement agreeing to make the proposed antenna support structure available for use by others, subject to reasonable technical limitations and financial terms.

Furnish an inventory of all known antenna support structures and potential building sites located within one-half (½) mile of the proposed structure site, identifying the owner of same as well as the antenna support structure's type and reference name or number, if applicable, and the street location, latitude and longitude, height, type and mounting height of existing antennas and an assessment of available space for the placement of additional antennas, shelters and/or cabinets.

The applicant shall further demonstrate that he/she has requested co-use of each existing building or antenna support structure from the owner thereof and/or shall indicate why such co-use is inappropriate or was otherwise not allowed.

Antenna support structures may be constructed or modified so as to exceed the height limitations provided in Subparagraph (8) hereof to accommodate co-use. An applicant may request an extension of twenty (20) additional feet per co-user, whether actual or anticipated, up to a limit of forty (40) additional feet. The City may also require the applicant of new construction to exceed the applicable limitation, regardless of whether a co-user is immediately available to share space with the applicant.

In the event that a conditional use permit is granted for the construction of a new antenna support structure, the applicant shall notify in writing any other known potential service providers in that area that the structure will be available for co-use. Said notices shall issue on or before the day on which the applicant submits to the City an application for building permit for the structure. The notice shall allow potential co-users thirty (30) days within which to express any interest in co-use, during which time the applicant shall not commit to a design for the structure which precludes co-use, and the City shall not issue a building permit until such time has expired.

The willful and knowing failure of an applicant to agree to co-use or to negotiate in good faith with potential co-users may be cause for either the denial of a pending application, the revocation of an existing conditional use permit, and/or the withholding of future similar permits to the applicant.

10.

Site selection and control.

Sites in the City's non-residential districts are preferred. Sites in any residential district in the City are prohibited absent a determination of necessity by the Board of Aldermen pursuant to Subsection (E)(5)(c) of this Section. Within any zoning district, existing antenna support structures and buildings are preferred, as are locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

Antennas and antenna support structures should be architecturally and visually (color, bulk, size) compatible with surrounding existing buildings, structures, vegetation, and/or uses in the area or those likely to exist under the regulations of the underlying zoning district.

Antennas and antenna support structures should be located to minimize any adverse effect they may have on neighboring property values.

Antennas and antenna support structures should be located to avoid a dominant silhouette on ridge lines, and preservation of view corridors of surrounding residential developments should be considered.

Any applicant for a conditional use or administrative permit under this Section shall be required to demonstrate control over the site of the proposed antenna or antenna support structure so as to establish the applicant's right and authority to install and/or construct same on the property. An applicant's control can be demonstrated by proof of applicant site ownership or the written permission of the property owner, whether by letter, license, easement or lease agreement.

11.

Building mounted antennas.

Antennas mounted on buildings should be made to appear as unobtrusive as possible. Such antennas should be located as far away as feasible from the edge of the building and should be painted a color consistent with the natural or built environment of the site.

Such antennas generally should not protrude more than twenty (20) feet from the top of the structure absent either:

(1)

If the zoning district's height requirements are not violated in accordance with Subsection (D)(1)(b) of this Section, a finding by the Director that the proposed antenna poses no detrimental effect,

(2)

If the zoning district's height requirements are violated in accordance with Subsection (D)(2)(c) of this Section, a determination by the Board of Aldermen as provided in Subsections (E)(5)(b) or (E)(5)(c) of this Section.

12.

Miscellaneous.

If a guyed tower is authorized by the Board of Aldermen pursuant to Subsections (E)(5)(b) or (E)(5)(c) of this Section, its ground anchors shall be located on the same parcel as the tower and such anchors shall meet the setbacks prescribed in Subsection (C)(7) hereof.

Vehicle or outdoor storage on the site of any antenna support structure is prohibited.

On-site parking for periodic maintenance and service shall be provided at all locations of antenna support structures.

Prior to the issuance of any conditional use permit the applicant shall demonstrate how the proposed site fits into the applicant's overall telecommunications network in the St. Louis County area.

Any antenna support structure no longer used for its original communications purpose shall be removed at the owner's expense. The owner and applicable co-users shall provide the City with a copy of any notice to the FCC of intent to cease operations and shall have ninety (90) days from the date of ceasing operations to remove the antenna support structure and any related facilities. In the case of co-use, this provision shall not become effective until all users cease operations. Any antenna support structure not in use for a period of one (1) year shall be deemed a public nuisance and may be removed by the City at the owner's expense.

Prior to the issuance of an administrative or conditional use permit the City may require indemnification and bonding as the City deems appropriate.

Administrative Permit. Administrative permits may be issued in accordance with the following provisions.

Permitted uses. The following uses are permitted and do not require a conditional use permit.

The attachment of additional antennas to any antenna support structure existing on the effective date of this Chapter or subsequently approved in accordance herewith, provided that the existing antenna support structure is not modified, either to extend the height thereof or to expand the screened and landscaped area surrounding the existing shelter.

The mounting of antennas on any existing building or standard outdoor advertising structure, provided that the antennas do not exceed the height limit established by the applicable zoning district regulations, and provided further that each such antenna is concealed by architectural elements or camouflaged by painting a color matching the surface to which they are attached.

The installation of antennas or the construction of an antenna support structure on buildings or land owned by the City of Town and Country in conjunction with the approval of a lease agreement by the Board of Aldermen.

The placement of dual polar panel antennas on wooden or steel utility poles not to exceed forty (40) feet in height, including the placement or mounting of a cabinet, provided that all related equipment is contained in said cabinet.

The installation or mounting of antennas on any existing high voltage utility tower in excess of forty (40) feet in height, including the construction of a shelter, provided that all related equipment is contained in said shelter.

The one-time replacement of any antenna support structure existing on the effective date of this Chapter or subsequently approved in accordance with these regulations.

The construction of any antenna support structure on a site, or the mounting of any antenna on a building or other structure, when said site, building or other structure has been pre-approved by the City as an accepted location for such facilities.

Conditional uses. The following uses are not permitted uses and require the issuance of a conditional use permit:

The construction of any antenna support structure, or the alteration or modification of any antenna support structure.

The attachment of additional antennas to any antenna support structure existing on the effective date of this Chapter or subsequently approved in accordance with these regulations which requires a height extension of the existing structure beyond the limits provided herein.

The mounting of antennas on any building when said mounting would exceed the height limit of the applicable zoning district.

Application procedures.

Applications shall be made on the appropriate forms to the Director and as provided herein and shall be accompanied by payment of the established fee. Applications shall be deemed received by the Director upon completion, as determined by the Director.

An application in conjunction with Subsection (D)(1)(c), (e) and (g) of this Section shall include a detailed site plan based on a closed boundary survey of the host parcel, indicating all existing and proposed improvements, including buildings, drives, walkway, parking areas and other structures, and also indicating public rights-of-way, the zoning categories of the host parcel and adjoining properties, the location of buffer and landscape areas, hydrologic features, and the coordinates and height of the proposed structure.

The application shall be reviewed by the Director to determine compliance with all pertinent applicable standards established in this Section, including but not limited to the criteria and preferences established in Subsection (C) hereof. The Director may:

(1)

Request additional information from the applicant consistent with said standards; and

(2)

Transmit the application for review and comment by other departments and public agencies which may be affected by the proposed facility, and in either case the application shall not be deemed to be complete until such information is received.

The Director shall issue a decision on the permit within sixty (60) days of the date on which the application is deemed complete and received by the Director or the application shall be deemed approved. The Director may deny the application or approve the application as submitted or with such modifications as are, in his/her judgment, reasonably necessary to comply with the criteria and preferences established in Subsection (C) hereof. A decision to deny an application shall be made in writing and shall state the specific reasons for the denial.

Appeals from the decision of the Director shall be taken to the Board of Adjustment as provided in Section 405.300 of this Chapter.

Conditional Use Permit.

Generally. Applications for conditional use permits shall be filed, processed, reviewed and decided in the manner and time frame established for all other conditional use permits under Sections 405.180 through 405.210, except as may be supplemented by this Section.

Applications. In addition to all other filing requirements, the application shall include such information as is required or may otherwise be responsive to the criteria and preferences established in Subsection (C) hereof.

Public hearing. The public hearing required by Section 405.200(D) for consideration of a conditional use permit application shall be recorded, and all documentary evidence of any kind submitted in support of or against the application shall be identified and labeled by the City Clerk and made a part of the public record. The Board of Aldermen may exercise its discretion to continue the public hearing for the purpose of accepting additional oral or documentary evidence into the record for consideration.

Findings required. In addition to any other considerations required by either this Section or Sections 405.180 through 405.210, before issuing a conditional use permit for any antenna support structure the Board of Aldermen shall consider and determine the following based upon the evidence submitted:

Whether existing antenna support structures or buildings are located within the geographic network area necessary to meet the applicant's system engineering requirements.

Whether such existing antenna support structures or buildings are of sufficient height to meet system engineering requirements.

Whether such existing antenna support structures or buildings have sufficient structural strength to support the applicant's proposed antenna(s).

Whether such existing antenna support structures or buildings could be altered or modified to meet system engineering requirements or to support the applicant's proposed antenna(s).

Whether the proposed antennas would experience or cause signal interference with antennas on existing antenna support structures or buildings.

Whether the fees, costs, or other contractual terms required by an owner to lease, modify or otherwise provide for co-use on an existing and suitable antenna support structure or building are reasonable. Costs exceeding that of a new antenna support structure are presumed unreasonable.

Whether there are other limiting conditions that render existing antenna support structures or buildings within the applicant's required geographic area unsuitable.

Determination.

If the Board of Aldermen determines that, in light of the considerations noted in Subsection (E)(4) of this Section, an application meets the criteria and preferences established in Subsection (C) hereof and otherwise is in accordance with this Section, the Board shall grant a conditional use permit, subject to whatever conditions the Board deems appropriate.

The Board may determine that although an application does not meet the strict requirements of the criteria and preferences established in Subsection (C) of this Section, the general purpose and intent of said criteria and preferences are not offended because of the particular circumstances presented. If such a determination is made, the Board may vary the application of the criteria and preferences and grant a conditional use permit, subject to whatever conditions the Board deems appropriate.

The Board may determine that in light of the considerations noted in Subsection (E)(4) of this Section, the City's prescribed criteria and preferences effectively would preclude the applicant's reception and/or transmission of signals and that the applicant's proposed location and height are a matter of absolute engineering and economic necessity in order to ensure the completion of the applicant's network. If such a determination is made, the Board may grant a conditional use permit, subject to whatever conditions the Board deems appropriate.

Any decision by the Board of Aldermen to deny a conditional use permit shall be in writing, based upon the evidence adduced, and shall make specific findings of fact consistent with the criteria, preferences and considerations established herein.

Appeal. Appeals from the Board's denial of a conditional use permit shall be taken to the Circuit Court of St. Louis County or to any court or agency allowed by Federal law, specifically the Telecommunications Act of 1996.

Cost deposit. Any request or application for a determination under this Subsection shall be accompanied by a cost deposit in the amount of two thousand dollars ($2,000.00) to cover the engineering, legal and other costs associated with the review and determination. Any amounts not required by the City shall be refunded to the applicant. Any amounts required in excess of the deposit shall be billed to and paid for by the applicant.

Section 405.225 Satellite Earth Stations.

[Ord. No. 2447 §12, 3-28-2000]

Purpose.

The purpose of the following regulations for the conditional use of satellite earth stations is to improve the aesthetic appearance of these structures within all zoning districts and to ensure installation of satellite earth stations which serves the public health, safety and welfare.

The regulations shall not impose unreasonable limitations on, or prevent reception of satellite delivery signals by, receive-only antennas or impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.

Satellite earth stations which are permitted in the underlying zoning district are exempt from the regulations contained herein. Non-exempt satellite earth stations shall require a conditional use permit as provided herein and in Sections 405.180 — 405.210.

Building Codes And Safety Standards.

All satellite earth stations shall meet or exceed the standards and regulations contained in applicable State and local Building and Electrical Codes as well as the applicable standards published by the Electronics Industries Association, as amended from time to time.

In no case shall satellite earth stations be permitted to be attached to a portable device. Any satellite earth station must be stationary. The location of a satellite earth station shall be as approved by the Planning Director on the site plan or plot plan of the property.

Aesthetic Standards.

No message or identification, other than the manufacturer's identification, shall be allowed to be portrayed on a satellite earth station antenna. The message or identification shall not excess .25 square feet in area. Satellite earth stations shall be limited to mesh construction; however, a satellite earth station eight and one-half (8½) feet or less in diameter may be either of mesh or solid construction. All dishes shall be finished in a single neutral, non-reflective color and surface which shall blend with the natural surroundings.

Any ground-mounted satellite earth station shall be located in the rear yard, provided that on a corner lot, the satellite earth station cannot be located any closer to the side street than the principal building located on the lot. On any lot other than a corner lot, the satellite earth station shall be placed in an area bounded by the side yard setback lines, the rear wall line of the primary structure, and the rear yard setback line. The side and rear setback lines shall be in accordance with the setback requirements of the underlying zoning district.

Ground-mounted satellite earth stations in non-residential districts shall be located in a designated service area outside of any required landscape area or front and side yard setback area. The satellite earth station shall not be placed in the area between the front setback line and the structure.

Screening.

Screening of satellite earth stations shall serve to reduce the visual impact on adjoining properties without impeding the "line of sight" of satellite earth station reception. The location and type of screening shall be as approved by the Planning Director on the site or plot plan.

Screening shall be accomplished through the use of fencing, landscaping in the form of evergreen and deciduous trees, and shrubbery, structures or topography. For ground-mounted satellite earth stations in residential districts, trees and shrubs shall be at least one-half (½) the height of the satellite earth station at the time of planting. (The center of the satellite earth station shall be determined as the point where the satellite earth station is attached to its base when viewed from off the site.) The landscaping material shall be maintained and replaced as needed.

Screening of roof-mounted antenna in non-residential districts is required up to three (3) feet, or to the center of the satellite earth station, whichever is greater. The design and material composition of the screening shall be compatible with the existing building design and colors and shall be approved by the Planning Director.

For residential zoning districts, the height of ground-mounted satellite earth stations shall not exceed eight (8) feet above the average grade. All satellite earth stations in residential districts, which are one (1) meter or greater in diameter, shall be ground mounted unless the applicant can establish the applicability of Section 405.225 (A)(2). The satellite earth stations shall not exceed a diameter of six (6) feet. Roof-mounted satellite earth stations in non-residential districts shall not exceed eight (8) feet in diameter or a total structure height of ten (10) feet.

Section 405.226 Solar Energy Systems.

[Ord. No. 3759 §7, 8-26-2013; Ord. No. 4715, 10-27-2025]

Purpose. The purpose of the following regulations is to establish for the residents of the City of Town and Country provisions for the use of solar energy systems as accessory uses within the City of Town and Country. The City of Town and Country seeks to encourage alternate sources of energy and to provide for the development, installation and construction of solar energy systems subject to reasonable conditions that will protect the public health, safety and welfare, consistent with the intent and purpose of Section 405.020 and Section 405.190.

Applicability.

This Section applies to ground-mounted solar energy systems and roof-mounted solar energy systems.

Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this Section and all applicable City ordinances.

Approval.

Ground-Mounted Solar Energy System. A conditional use permit approved by the Board of Aldermen for any new ground-mounted solar energy system prior to the issuance of any building permit and the system shall be in compliance with all standards and requirements of this Code, including the standards set forth in Section 500.110.

Roof-Mounted Solar Energy System — Visible From Street. A conditional use permit shall be approved by the Board of Aldermen for any new roof-mounted, solar energy systems that are mounted either on the roof facing a street, or on flat roofs on which the application can be seen from the ground on a street or lot adjacent to the roof, prior to the issuance of any building permit and the system shall be in compliance with all standards and requirements of this Code, including the standards, set forth in Section 500.110.

Roof-Mounted Solar Energy System — Not Visible From Street. The construction of roof-mounted solar energy systems that are flush-mounted on a roof at the rear of the roof of a building, on the side of the roof not facing onto a street, or on top of a flat roof and not visible from the ground, shall require the issuance of a building permit. The system shall be in compliance with all standards and requirements of this Code, including the standards set forth in Section 500.110.

Applications for conditional use permits filed for solar energy systems shall be filed, processed, reviewed and decided in the manner and time frame established for all other conditional use permits under Sections 405.180 through 405.210.

In addition to all other filing requirements, submittal applications for a solar energy system shall include such information as is required or may otherwise be responsive to the criteria and preferences established in this Section, including, but not limited to, manufacturer's specifications, graphical elevations, photographs and other information as necessary to describe the function and appearance of the proposed system when installed on the property.

If the trustees of a subdivision have approved the construction of the solar energy system which is the subject of review as provided in this Article, the applicant shall include with his/her application a written confirmation of such approval, which may be considered by the Planning and Zoning Commission and the Board of Aldermen in determining compliance with this Article.

Any solar energy system for which a conditional use permit is required shall not go before the Architectural Review Board for approval.

Standards. Design and installation of any solar energy system shall conform to applicable industry standards, and shall comply with the City Building Codes and Building Regulations and with all other applicable fire and life safety requirements. The manufacturer's specifications shall be submitted as part of the application.

General requirements for solar energy systems.

Solar energy systems shall be allowed in any zoning district and may be installed upon receipt of the necessary construction, electrical and/or mechanical permits and payment of applicable permit fees, if any, and after issuance of a conditional use permit as set out in this Article.

This Section applies to solar energy systems to be installed and constructed for either residential or non-residential use.

The solar energy system, including all connecting parts and equipment, shall have manufacturer-applied finishes and shall not be field painted.

No portion of a ground-mounted solar energy system shall be located within or above any required setback of any property. All aboveground portions of a solar energy system shall be contained in the space between the rear of the principal building on the lot and the rear and side building setback lines.

No portion of a ground-mounted solar energy system shall be located in, on or across an easement unless authorized by the easement holder.

A solar energy system may exist only as an accessory use and shall not be erected on a lot until a primary structure has been constructed.

Solar energy systems shall be placed on roofs unless it is shown that a roof-mounted solar energy system cannot be effective because of the orientation of the roof to the sun or other significant factors.

Any solar energy system that remains non-functional or inoperative for a continuous period of six (6) months shall be removed by the owner at the owner's expense, and the underlying structure shall be properly repaired. Visible deterioration of any solar energy system shall be promptly repaired.

Roof-mounted solar energy systems.

Roof-mounted solar energy systems may be mounted on principal or accessory structures but shall conform to all requirements of this Section.

Roof-mounted solar energy systems on residences or residential accessory structures shall be installed in the plane of the roof (flush-mounted) or made part of the roof design (with capping or framing that is compatible with the color of the roof or structure), except that mounting brackets shall be permitted if the applicant can demonstrate that the existing pitch of the roof would render the solar energy equipment ineffective or construction would otherwise be impossible.

Roof-mounted solar energy systems on a flat roof shall be screened from view from any street in a manner that is compatible with the architectural design of the structure upon which the solar energy system is mounted.

Roof-mounted solar panels shall be no closer than twelve (12) inches from any ridge, edge, eave, hip or valley, and the top of the solar panels shall be no more than eight (8) inches off the plane of a sloped roof.

Any system incorporated into a commercial building shall be integrated into the basic form and main body of the building. If roof-mounted, all collector panels shall fit into the form of the roof; if the building's roof is sloped or if rack mounting is used on a flat roof, the mounting must be concealed from view at street level. All equipment and panels related to a solar energy system shall be set back a minimum of one (1) foot from the edge of the roof.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems shall be permitted in all zoning districts with approval of a conditional use permit, except that a minimum lot size of five (5) acres shall be required in order to be located on a residential property.

Ground-mounted solar energy systems shall not exceed ten (10) feet in height, as measured from the average grade at the base of the structure to the highest point of the structure.

Ground-mounted solar energy systems shall be placed in such a manner that glare will not be directed onto nearby properties or adjacent streets.

Ground-mounted solar energy systems shall be substantially screened from public view (including adjacent properties and public rights-of-way) by fencing, walls, plantings, or other architectural feature or any combination thereof; provided, however, that screening shall not be required to be so dense, so tall, or so located as to render equipment essentially non-functional.

Section 405.227 Marijuana-Related Uses.

[Ord. No. 4299, 8-12-2019; Ord. No. 4581, 7-24-2023]

Purpose. The purpose of this Section is to provide for the regulation of the time, place and manner of the operation of marijuana-related uses to serve the citizens and businesses of Town and Country in compliance with Missouri State Law.

Applicability. In addition to all other pertinent and applicable laws and regulations, the following special conditions shall apply to all businesses and establishments selling, growing, acquiring, transporting, delivering, cultivating, harvesting, processing, testing, manufacturing, extracting and/or certifying marijuana and/or marijuana-infused products, including, but not limited to, Medical or Comprehensive Marijuana Cultivation Facilities, Medical or Comprehensive Marijuana Dispensary Facilities, Medical or Comprehensive Marijuana-Infused Products Manufacturing Facilities, and Marijuana Testing Facilities ("Marijuana-Related Uses"):

Location Restrictions. No Marijuana-Related Uses shall be operated or maintained within one thousand (1,000) feet of the property line of a then existing elementary or secondary school, child day-care center or church. "Then existing" shall mean any elementary or secondary school, child day-care center, or church with a written building permit from the City to be constructed, or completed and in use at the time the Marijuana-Related Use first applies for either zoning or a building permit, whichever comes first.

Operations And Storage. Marijuana cultivation and processing activities shall only occur within an enclosed building. All operations shall be within a fully secured area inside the building. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence or wall.

On-Site Usage Prohibited. No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on the premises of a property upon which a Marijuana-Related Use is conducted.

Display Of License Required. The license issued by the State of Missouri to conduct the Marijuana-Related Use shall be displayed prominently in a location visible from the front entrance to the facility.

Hours Of Operation. All sales or distribution of Marijuana and any other products sold to the public through a Medical or Comprehensive Marijuana Dispensary shall take place between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday.

Medical and Comprehensive Marijuana Dispensary Facilities shall be secured and closed to the public after hours and no persons not employed by the Medical or Comprehensive Marijuana Dispensary Facility may be present in such a facility at any time it is closed to the public.

All Marijuana-Related Uses Other Than Medical And Comprehensive Marijuana Dispensary Facilities. Such facilities shall be closed to the public after the hours approved in their respective Conditional Use Permit. No persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.

Waste Disposal. Any excess or unusable marijuana or marijuana by-product of Marijuana-Related Use shall be stored securely before final disposition, which may be done within the facility in areas designated for disposal activities or, if necessary, outside the facility in a locked, tamper-resistant receptacle.

No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor or marijuana or fumes from leaving the facility.

Medical And Comprehensive Marijuana Facility Site Requirements. All Medical and Comprehensive Marijuana Facilities must:

Be monitored by high resolution, color, internet-based security cameras, which must be made available to law enforcement upon request;

Contain a fireproof safe or vault attached to the building's structure to secure cash and any processed marijuana;

Have a centrally monitored fire and burglar alarm system;

Equip building exteriors and parking areas with light fixtures that are sufficient to provide illumination of at least 1.5 foot-candles and that must be on from dusk to dawn;

Not produce noise, dust, vibration, glare, fumes, odors, or electrical interference that can be readily noticed outside the property's boundary;

Secure marijuana waste disposal receptacles and ensure they remain in the possession and under the control of the licensee; and

Require any and all marijuana cultivation, processing, storage, display, and sales to be conducted within an enclosed building not visible from the building's exterior.