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Trenton City Zoning Code

ARTICLE XII

Supplementary Use Regulations

Section 400.620 Smoke.

[R.O. 2011 §400.620; Ord. No. 01-10 §1(12.07), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
For the purpose of determining the density of equivalent opacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8833, May 1967, shall be used. The Ringlemann number referred to in this Section refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringlemann No. 1 indicates a twenty percent (20%) density of the smoke observed.
B. 
All measurements shall be taken at the point of emission of the smoke.
C. 
In the "B-1", "B-2", "MU", "B-3", "B-4" and all "PUD" Districts, no business or residence may emit from a vent, stack, chimney or combustion process any smoke that exceeds State or Federal regulatory standards.
D. 
In the "I-1" District, no land use permittee may emit from a vent, stack, chimney or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 2, except that an emission that does not exceed a density or equivalent capacity of Ringlemann No. 3 is permissible for a duration of not more than four (4) minutes during any eight (8) hour period if the source of such emission is not located within two hundred fifty (250) feet of a residential district.
E. 
In the "I-2" District, no land use permittee may emit from a vent, stack, chimney or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 2, except that an emission that does not exceed a density or equivalent capacity of Ringlemann No. 3 is permissible for a duration of not more than four (4) minutes during any eight (8) hour period if the source of emission is not located within five hundred (500) feet of a residential district.

Section 400.625 Noise.

[R.O. 2011 §400.625; Ord. No. 01-10 §1(12.08), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
No land use in any business district may generate noise that tends to have an annoying or disruptive effect upon:
1. 
Uses located outside the immediate space occupied by the land use if that use is one (1) of several located on a lot, or
2. 
Uses located on adjacent lots.
B. 
Except as provided in Subsection (F), the table set forth in Subsection (E) establishes the maximum permissible noise levels for land uses in the "I-1" and "I-2" Districts. Measurements shall be taken at the boundary line of the lot where the land use is located and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the land use is located.
C. 
A "decibel" is a measure of a unit of sound pressure. Since sound waves having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low), an American filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this Section. Accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter.
D. 
The standards established in the table set forth in Subsection (E) are expressed in terms of the Equivalent Sound Level (Leq), which must be calculated by taking one hundred (100) instantaneous weighted sound levels at ten (10) second intervals (see Appendix F-1 which is on file in the City offices) and computing the Leq in accordance with the table set forth in Appendix F-2 which is on file in the City offices.
E. 
Table Of Maximum Permitted Sound Levels, dB(A).
Table of Maximum Permitted Sound Levels, dB(A)
(re: 0.0002 Microbar)
Zoning of Adjacent Lot
Zoning of lot where 4,000 use located
Residential and PUD
"B-1", "B-2", "MU", "B-4", "B-5"
"I-1"
"I-2"
7:00 A.M. — 7:00 P.M.
7:00 P.M. — 7:00 A.M.
"I-1"
50
45
55
60
65
"I-2"
50
45
60
65
70
F. 
Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one (1) minute in any one (1) hour period are permissible up to a level of ten (10) dB(A) in excess of the figures listed in Subsection (E), except that this higher level of permissible noise shall not apply from 7:00 P.M. to 7:00 A.M. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.
G. 
Noise resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from the requirements of this Section.

Section 400.627 Vibration.

[R.O. 2011 §400.627; Ord. No. 01-10 §1(12.09), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
No land use in any permissible business district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at:
1. 
The outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one (1) of several located on a lot, or
2. 
The lot line of the enterprise generating the vibration is the only enterprise located on a lot.
B. 
No land use in an "I-1" or "I-2" District may generate any ground-transmitted vibration in excess of the limits set forth in Subsection (E). Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in Subsection (D).
C. 
The instrument used to measure vibrations shall be a three (3) component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions.
D. 
The vibration maximums set forth in Subsection (E) are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV =
PV = 6.28 F X D
Where:
PV =
Particle velocity, inches-per-second
F =
Vibration frequency, cycles-per-second
D =
Single amplitude displacement of the vibration, inches.
The maximum velocity shall be the vector sum of the three (3) components recorded.
E. 
Table Of Maximum Ground-Transmitted Vibration.
Table of Maximum Ground-Transmitted Vibration
Zoning District
Particle Velocity, inches-per-second
Adjacent lot line
Residential District
"I-1"
0.10
0.02
"I-2"
0.20
0.02
F. 
The values stated in Subsection (E) may be multiplied by two (2) for impact vibrations, i.e., discrete vibration pulsations not exceeding one (1) second in duration and having a pause of at least one (1) second between pulses.
G. 
Vibrations resulting from temporary construction activity that occurs between 7:00 A.M. and 7:00 P.M. shall be exempt from the requirements of this Section.

Section 400.630 Odors.

[R.O. 2011 §400.630; Ord. No. 01-10 §1(12.10), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
For purposes of this Section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of healthy observers as appointed by the City Council.
B. 
No land use in any district may generate any odor that reaches the odor threshold measured at:
1. 
The outside boundary of the immediate odor space occupied by the enterprise generating the odor.
2. 
The lot line of the enterprise generating the odor is the only enterprise located on a lot.

Section 400.635 Air Pollution.

[R.O. 2011 §400.635; Ord. No. 01-10 §1(12.11), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
Any land use that emits any "air contaminant" as defined in Chapter 643, RSMo., shall comply with applicable State standards concerning air pollution as set forth in the Revised Statutes of Missouri and the rules promulgated by the Missouri Department of Natural Resources or its successor agency.
B. 
No special use or conditional use permit may be issued with respect to any development covered by Subsection (A) until the developer provides written proof that the Missouri Department of Natural Resources has issued the appropriate State permits. The developer shall be required to provide copies of said permits showing that the development is otherwise in compliance with applicable air pollution laws.

Section 400.637 Disposal of Liquid Wastes.

[R.O. 2011 §400.637; Ord. No. 01-10 §1(12.12), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
No land use in any district may discharge any waste contrary to the provisions of the laws and regulations of the State of Missouri as administered by the Missouri Department of Natural Resources, Missouri Department of Health or other cognizant agency.
B. 
No land use in any district may discharge into the City sewage treatment facilities any waste that cannot be adequately treated by biological means.

Section 400.640 Water Consumption.

[R.O. 2011 §400.640; Ord. No. 01-10 §1(12.13), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
No land use in any district that requires for its operation a daily average of more than two thousand (2,000) gallons of water per employee is permissible in any district without first obtaining a water usage variance permit.

Section 400.645 Electrical Disturbance or Interference.

[R.O. 2011 §400.645; Ord. No. 01-10 §1(12.14), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. 
No land use may:
1. 
Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or
2. 
Otherwise cause, create or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

Section 400.646 No Additional Licenses.

[Ord. No. 2019-45, 6-10-2019; Ord. No. 2023-35, 6-26-2023]
Marijuana businesses shall be required to have a City business license as required in Chapter 605 but shall not be required to have any other City-issued license.

Section 400.647 Marijuana Dispensaries.

[Ord. No. 2019-45, 6-10-2019; Ord. No. 2023-35, 6-26-2023]
A. 
No persons not employed by the marijuana dispensary may be present in such a facility at any time it is closed to the public.
B. 
No marijuana of any type may be consumed on the premises of a marijuana dispensary, nor shall the licensee permit such consumption.
C. 
Marijuana dispensaries shall require all customers to display a valid government-issued photo ID at the time of each purchase.
D. 
No person under the age of twenty-one (21) years old shall be allowed into a marijuana dispensary; excepting a qualifying patient under the age of twenty-one (21), but over the age of eighteen (18), a qualifying patient who is under the age of eighteen (18) years but who has been emancipated by a court order and a qualifying patient under the age of eighteen (18) years when accompanied by the qualifying patient's parent or guardian.
E. 
A marijuana dispensary shall display its State-issued licenses, visible to the public at all times.
F. 
No marijuana dispensary shall emit any odor of marijuana which is capable of being smelled by a person of ordinary senses outside of the boundary of the lot on which the facility is located.
G. 
No marijuana dispensary shall be located within one hundred (100) feet of a then-existing elementary or secondary school, child day care center or church. Measurements shall be in a method consistent with the City's existing liquor license standard. "Then-existing" shall mean any school, child day care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana dispensary first applies for either zoning or a building permit, whichever comes first.

Section 400.648 Standards For Marijuana-Infused Products Manufacturing Facility.

[Ord. No. 2019-45, 6-10-2019; Ord. No. 2023-35, 6-26-2023]
A. 
Distance Requirement. No marijuana-infused products manufacturing facility using any combustible gases or CO2 in the extraction process shall be located within two hundred (200) feet of a then-existing elementary or secondary school, licensed child day care center or church. Any other marijuana-infused products manufacturing facility may be located in any location at least one hundred (100) feet of a then-existing elementary or secondary school, licensed child day care center or church and within the regulations contained in the Table of Permissible Uses of this code. "Then-existing" shall mean any school, child day care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana-infused products manufacturing facility first applies for either zoning or a building permit, whichever comes first. Measurements shall be consistent with the City's existing liquor license standard.
B. 
Storage. All operations and all storage of materials, products and equipment shall be within a fully secured area inside the building structure enclosed by a razor wire fence at least ten (10) feet in height, not including the razor wire.
C. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested or otherwise consumed on the premises of any marijuana-infused products manufacturing facility.
D. 
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.
E. 
Display Of Licenses Required. The marijuana-infused products manufacturing facility license issued by the State of Missouri shall be displayed in a prominent place in pain view near the front desk of the facility.

Section 400.649 Standards For Marijuana Cultivation Facilities.

[Ord. No. 2019-45, 6-10-2019; Ord. No. 2023-35, 6-26-2023]
A. 
Distance Requirement. No marijuana cultivation facility shall be located within one hundred (100) feet of a then-existing elementary or secondary school, State licensed child day care center or church. Measurements shall be consistent with the City's existing liquor license standard. "Then-existing" shall mean any school, child day care center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana cultivation facility first applies for either zoning or a building permit, whichever comes first.
B. 
Outdoor Operations Or Storage. All operations and 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
C. 
On-Site Usage Prohibited. No marijuana may be smoked, ingested or otherwise consumed on the premises of any marijuana cultivation facility.
D. 
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.
E. 
Display Of Licenses Required. The marijuana cultivation facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.