Washington City Zoning Code
ARTICLE IV
Supplementary Regulations
Section 400.125 Intent And Purpose.
[R.O. 1992 § 400.125; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
These regulations supplement and qualify regulations contained elsewhere in this Chapter. Unless otherwise stated, the regulations hereafter established shall apply to all districts established by this Chapter.
Section 400.130 Number Of Principal Buildings On A Lot.
[R.O. 1992 § 400.130; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Except for detached one-family and two-family dwellings, more than one (1) principal building may be located on the same zoning lot, provided that density and dimensional requirements of this Chapter shall be met for each principal building as though they were on individual lots.
Section 400.135 Permits And Certificates Of Occupancy Required.
[R.O. 1992 § 400.135; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
Prior to the land preparation or construction of any building or structure permitted in accordance with the provisions of this Chapter and other applicable Chapters of the Washington City Code, the appropriate permits and certificate of occupancy must be secured as provided for in Article XI, Section 400.490, of this Chapter.
Section 400.140 Conformity With Dimensional And Off-Street Parking Requirements.
[R.O. 1992 § 400.140; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Maintenance Of Yards, Open Space, And Minimum Lot Area. The maintenance of yards, other open space and minimum lot area required for a structure shall be a continuing obligation of the owner of such property on which it is located as long as the structure is in existence.
B.
Requirements For Other Structures On A Lot. No required yards, other open space or minimum lot area allocated to any structure shall be used to satisfy required yards, other open spaces or minimum lot area requirements for any other structure.
C.
Obstructions. There shall be no obstructions permitted in required yards except as hereinafter set forth.
Section 400.145 Lot Area And Setback Exceptions.
[R.O. 1992 § 400.145; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Lot Area Exceptions.
1.
In the R1-A, R1-B, R1-D, and R-2 Districts, where a lot of record on July 18, 1988, has less area or width than required within this zoning classification, the lot may be utilized according to the provisions applicable to the district, provided that the requirements concerning minimum depth of front yard, minimum width of side yard and minimum depth of rear yard are met. A reduction in the minimum lot area and/or lot width for detached one-family dwellings may be granted by the Zoning Administrator if the lot area and/or width are consistent with the prevailing pattern of the record subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the lot area and/or width of at least ten (10) of the closest lots shall be considered or, if there are fewer than ten (10) lots, the prevailing pattern of the lots on the block frontage shall be considered. In no case shall an exception be granted for any lot which is less than four thousand five hundred (4,500) square feet in area nor less than thirty-seven and one-half (37 1/2) feet in width at the building setback line.
2.
In the R-3 District, where a lot of record on July 18, 1988, has less area or width than required within this zoning classification, the lot may be utilized according to the provisions applicable to this district; provided, however, that the requirements concerning minimum depth of front yard, minimum width of side yard and minimum depth of rear yard are met; provided further, however, that within this R-3 District, no larger than a four-family dwelling shall be constructed, regardless of lot size, unless the additional lot area requirements of Section 400.085, Subsection (F)(4), of this Chapter are met.
B.
Lot Setback Exceptions. Every part of a yard between the property lines and the required building setback line shall be unoccupied and unobstructed by any structure or portion of a structure from ground level of the graded lot upward, except for:
1.
All Yards.
a.
Hedges, flagpoles and other customary yard accessories, ornaments and furniture are permitted in any yard, subject to location and size limitations, height limitations and requirements limiting obstruction of visibility contained in this Chapter.
b.
Steps, ramps, or wheelchair lifts, four (4) feet or less above grade, which are necessary for access to a permitted building or structure, or for access to a zoning lot from a street or alley. Guardrails, not exceeding forty-two (42) inches above the walking surface, are permitted as well.
c.
Awnings and canopies, projecting three (3) feet or less into the required yard setback, except as provided for in Subsection (B)(2)(c) below.
d.
Ordinary projections of chimneys or other vent pipes that are suitably concealed, projecting eighteen (18) inches or less into the required yard setback.
f.
Traffic control devices, pad-mounted transformers, service pedestals, splice boxes and similar appurtenances required for underground utility and cable systems.
2.
Front Yards.
a.
Terraces, provided that such terraces shall not extend into the required front yard setback by more than ten (10) feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to forty-two (42) inches above the surface of such terraces.
b.
One-story bay windows projecting three (3) feet or less into the required front yard setback.
c.
Awnings, canopies and marquees in the C Districts are permitted to project into the street right-of-way, subject to the requirements and limitations of the Building Code, but in no event may such building elements project to a point that is closer than two (2) feet to the back of any curbline or designated on-street parking space.
d.
Overhanging eaves and gutters projecting four (4) feet or less into the required front yard setback.
3.
Rear Yards.
a.
Terraces, provided that such terraces may be covered, but not enclosed, and that no cover shall extend into the required rear yard setback by more than ten (10) feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to forty-two (42) inches above the surface of such terraces.
b.
An elevated deck, covered or uncovered, provided that such deck shall not be enclosed nor shall extend into the required rear yard setback by more than ten (10) feet.
c.
Accessory buildings, detached from the principal building, subject to requirements of the zoning district regulations of Article III.
d.
Antennas and satellite dishes.
e.
One-story bay windows projecting three (3) feet or less into the required rear yard setback.
f.
Overhanging eaves and gutters projecting four (4) feet or less into the required rear yard setback.
g.
Children's recreational equipment.
h.
Laundry drying lines.
i.
Air-conditioning equipment.
4.
Side Yards:
a.
Terraces, provided that such terraces shall not be located within two (2) feet of the side lot line. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to forty-two (42) inches above the surface of such terraces.
b.
Overhanging eaves and gutters projecting into the required side yard setback for a distance not to exceed twenty-four (24) inches.
c.
Air-conditioning equipment located not less than two (2) feet from the side lot line, provided that such equipment does not encroach into any City easement.
C.
Side Yard Setback Exception For Detached One-Family Dwellings. Within the R Districts, a reduction in the minimum side yard setback for detached one-family dwellings may be granted by the Zoning Administrator if the side yard widths are consistent with the prevailing pattern of the subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the side yards of at least ten (10) of the closest lots shall be considered or, if there are fewer than ten (10) lots, the prevailing pattern of side yards on the block frontage shall be considered. In no case shall an exception be granted which eliminates any of the off-street parking requirements and which does not meet the following minimum standards:
D.
Setbacks Established By Recorded Subdivision Plat. Where a recorded subdivision plat establishes a building setback line that is greater than that required by the applicable district regulations, the recorded subdivision setback requirement shall be the minimum setback. In no event shall the setback be less than the minimum established for the zoning district.
E.
Front Yard Setbacks For Corner Lots Of Record. Where a lot of record is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot. However, in situations where the front face of an existing principal building is oriented to the narrower of the two front lot lines, the required front yard building setback from the longer of the two (2) front lot lines may be reduced to a distance of fifteen (15) feet, or the established setback in the applicable recorded subdivision plat, whichever is greater. This exception shall not apply to reverse corner lots.
Section 400.150 Accessory Uses, Buildings, And Structures.
[R.O. 1992 § 400.150; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Permitted Accessory Uses Or Structures. A permitted accessory use is any use or structure which complies with the definition of "accessory use" contained in Article II, Definitions, including, but not limited to, the following typical uses and subject to any limitations herein or as may be established by the individual district regulations:
1.
Garages or carports.
2.
A structure for storage or a greenhouse, when accessory to a one-family or two-family dwelling and subject to size limitations of Section 400.150(B) below.
3.
Antennas and satellite dishes.
4.
A child's playhouse.
5.
Private recreation facilities, including tennis courts.
6.
Outdoor swimming pools and hot tubs.
7.
Statuary, arbors, trellises, barbecue stoves, doghouses, flagpoles, fences, walls and hedges.
8.
Off-street parking areas.
B.
Limitations On Accessory Uses And Structures. In the R1-A, R1-B, R1-C, R1-D, R-2, and R-3 Residential Districts, the following limitations and restrictions shall apply:
1.
Accessory structures may occupy a required rear yard, but such accessory structures shall not be nearer than five (5) feet to any side or rear lot line.
2.
If a garage is located closer than ten (10) feet to the main building, it shall be regarded as part of the main building for the purpose of determining the side and rear yards.
3.
Accessory buildings one hundred (100) square feet or less, where utilities are not connected, may encroach upon the side yard and rear yard setback areas, provided no overhangs encroach upon neighboring property.
4.
Any accessory structure that is not part of the main structure shall be located in the side or rear yard.
5.
The square footage of all accessory buildings combined must be less than the primary structure.
6.
No accessory structure shall be constructed upon a lot until the construction of the main building has been actually commenced.
7.
No more than two (2) accessory structures shall be allowed on a lot.
Section 400.155 Home Occupations And Group Homes.
[R.O. 1992 § 400.155; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Home Occupations. Home occupations are subject to the provisions as outlined below.
1.
Permitted Home Occupations. Home occupations are permitted as an accessory use to a residential use in any R Residential District subject to the definition and requirements of Article II of this Chapter. The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:
a.
Artists, sculptors and authors or composers.
b.
Day-care homes.
c.
Dressmakers, seamstresses, tailors.
d.
Home crafts, such as model-making, rug weaving and lapidary work.
e.
Ministers, rabbis, priests.
f.
Music and dance teachers, provided that instructions shall be limited to one (1) pupil at a time, except for occasional groups [see Section 400.155(B)(2)(a) below].
g.
Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions.
h.
Office facilities for sales representatives or manufacturers' representatives, when no sales are made or transacted on the premises (other than by telecommunications).
i.
Office facilities for contractors, cleaning services, landscapers, and other similar enterprises.
j.
Psychologists, counselors, and social workers, provided that the conduct of services is limited to one (1) client at a time, except for occasional groups [see Section 400.155(B)(2)(a) below].
k.
"Home occupation" shall include the use of a premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his/her profession.
2.
Prohibited Home Occupations. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified herein (other than personal) shall not be permitted as home occupations:
a.
Any home occupation that involves periodic group meetings/sessions more than four (4) times during any consecutive twelve-month period.
b.
Any home occupation that involves the congregation of two or more non-resident employees, clients, subcontractors, or other persons engaging in business activity at a dwelling unit.
c.
Barbershops and beauty parlors.
d.
Dancing schools.
e.
Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, and similar professions.
f.
Motor vehicle repair or service.
g.
Painting of vehicles or large household appliances.
h.
Home occupations which negatively impact the residential character of the neighborhood.
3.
Home Occupations as Businesses. Any home occupation that becomes a business shall be relocated and removed from the residence.
B.
Group Homes. Group homes for the disabled meeting the definitions of "group homes" and "disabled persons" as set forth in Article II of this Chapter respectively are permitted uses in any residential district established under the provisions of Article III of this Chapter but are subject to the requirements as outlined below:
1.
No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the City.
2.
No group home which is owned or operated in whole or in part by an "affiliated person or entity" (as that phrase is defined in Article II of this Chapter) that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the City.
3.
Off-Street Parking.
a.
Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Article VI of this Chapter to accommodate the needs of the house parents, residents and visitors to the premises. The Zoning Administrator shall establish the required number of parking spaces for each group home based upon:
Section 400.160 Mobile Home Parks.
[R.O. 1992 § 400.160; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Mobile Home Park Requirements. In all districts where mobile home parks are permitted as special uses, in addition to the requirements of the special use regulations of Article V of this Chapter, the following shall apply:
1.
Access to the mobile home park shall be from a major highway or street or a collector street, the number and location of access drives shall be controlled for traffic safety and protection of surrounding properties, no mobile home space shall be designed for direct access to a street outside the boundaries of the mobile home park, and the interior access drives shall be at least thirty (30) feet in width and asphaltic or concrete paved.
2.
The minimum dimensions of the mobile home park shall be three hundred (300) feet by three hundred (300) feet, and the minimum total area of the mobile park shall be two (2) acres; provided, however, that minimum area may be one (1) acre where the proposed park is to be located adjacent to an existing mobile home park containing an area of two (2) acres or more.
3.
The minimum area for a mobile home site for parking one mobile home shall be two thousand five hundred (2,500) square feet, with minimum dimensions of thirty-five (35) feet by forty (40) feet.
4.
In addition to the requirement of Subsection (A)(3), the mobile home park shall contain at least one thousand five hundred (1,500) square feet per mobile home for community facilities, including play space, utility rooms, parking and access roads.
5.
The mobile home park shall be surrounded by a landscaped strip of open space fifty (50) feet wide along the street frontage with an arterial highway and twenty-five (25) feet wide along all other lot lines or street frontages.
6.
No mobile home shall be parked closer than twenty (20) feet to any other mobile home or service building, and no part of a mobile home shall extend closer than five (5) feet to the boundaries of the individual mobile home site.
7.
Off-street parking spaces for automobiles shall be provided in the ratio of one and one-half (1 1/2) spaces per mobile home in locations convenient to individual mobile homes or groups of mobile homes.
8.
All occupied mobile homes shall have toilet and bathing facilities and shall be connected to public water supply and sanitary sewers. Proper provision shall be made for fire protection, refuse collection, laundry facilities, fuel storage and dusk-to-dawn lighting.
9.
The proposed mobile home park shall comply with all provisions of this Chapter and Federal, State and local laws and regulations.
Section 400.165 Temporary Uses.
[R.O. 1992 § 400.165; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017; Ord. No. 24-14015, 9-23-2024]
A.
Temporary Uses Permitted.
1.
Christmas Tree Sales. Christmas tree sales may be permitted in any of the business districts for a period not to exceed sixty (60) days. The site shall be cleared and cleaned within ten (10) days after Christmas day.
2.
Contractor Offices. Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of a tract of land; provided that said temporary structures are removed from said tract within thirty (30) days after completion of the development. Temporary buildings or trailers must also be removed from said tract within thirty (30) days after voluntary suspension of work on the project or development or after revocation of building permits, or on order by the Zoning Administrator upon a finding that said temporary structure is deemed hazardous to the public health and welfare.
3.
Real Estate Offices. Temporary real estate offices or sales offices may be located within a portable building or a display home; provided, however, such offices are only permitted to be located and used by the owner or developer on the property being sold or leased that has a minimum of eight (8) individual lots or units; provided, further, however, that said owner or developer shall comply with the following requirements:
a.
The temporary real estate office or sales office, if located within a portable building, shall be removed from the development upon the expiration of one (1) year from the date of final plat approval of the first plat within the development in accordance with Section 410.040; or when one hundred percent (100%) of the lots within the development have been sold; or within sixty (60) days after voluntary suspension of work, whichever occurs first;
b.
The temporary real estate office or sales office, if located within a display home, shall be removed from the development when one hundred percent (100%) or more of the lots within the development have been sold or within sixty (60) days after voluntary suspension of work, whichever occurs first;
c.
The temporary real estate office or sales office, if located within a display home, shall comply with all setback requirements;
d.
The temporary real estate office or sales office shall be landscaped, which shall be approved by the Zoning Administrator;
e.
A minimum of two (2) off-street parking spaces shall be provided in accordance with Section 400.255;
f.
The temporary real estate office or sales office, if located in a display home, shall be connected to the City of Washington water and sewer; and
g.
The temporary real estate office or sales office shall only be in use between the hours of 8:00 A.M. and 8:00 P.M., Monday through Sunday.
h.
Prior to the sale to the general public of the units used for display purposes, the developer shall return the units to a habitable condition, removing all improvements made for the conduct of the business; and
i.
Use of temporary real estate office may commence prior to the installation of streets and other improvements; provided that the owner shall place said portable building within fifty (50) feet of a hard surfaced roadway.
4.
Outdoor Amusement Activities. The Zoning Administrator is authorized to approve the operation or conducting of an outdoor amusement activity on a temporary basis within any zoning district. For the purpose of this Subsection, "outdoor amusement activity" includes a circus, carnival, fair, arts and crafts festival, trade or animal show, concert, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The Zoning Administrator may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This approval is in addition to any building permit or other permit or license required by law for any proposed activity or facility.
5.
Food Stands. Subject to the provisions of Chapter 635, Sections 635.010 through 635.020, of the Washington City Code and the special use permit regulations of Article V of this Chapter, food stands for the temporary sale of seasonal fruits and vegetables, or other seasonal agricultural products, are permitted as special uses in the AG, C-1, C-2, and C-3 Districts.
B.
Limitations On Temporary Commercial Uses.
1.
Notwithstanding other provisions of this Chapter, temporary outdoor sales of products or services shall be limited to the tenant or owner/occupant of commercial property upon which such outdoor sales take place. This shall not apply to temporary outdoor sales that are associated with food or agricultural products approved by the Health Department or non-profit organizations and where such sales are for charitable purposes only, or to temporary on-site services that are accomplished within a two-hour time period (e.g., windshield repair/replacement service).
2.
Except for sidewalk sales within the C-2 or C-3 Commercial District and subject to any permit or licensure requirements of the Washington City Code, no temporary commercial activity shall take place within a street right-of-way.
Section 400.170 Annexed Territory.
[R.O. 1992 § 400.170; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Zoning Upon Annexation. Unless an ordinance annexing property provides otherwise, all territory which may be hereafter annexed to the City shall be classified in the R-1A Single-Family District until, within a reasonable time following annexation, the annexed territory shall be appropriately classified by amending this Chapter in accordance with Sections 400.505 to 400.525 of this Chapter.
B.
Voluntary Annexation Petitions.
1.
Any request for voluntary annexation submitted to the City of Washington, Missouri, pursuant to Section 71.012 of the Revised Statutes of Missouri shall be accompanied by a cost deposit of two hundred dollars ($200.00) for processing said request.
2.
If the request for voluntary annexation is not approved by the City Council, the cost deposit shall be refunded to the applicant. If the request for voluntary annexation is withdrawn by the applicant, the cost deposit shall be forfeited to the City. If the request for voluntary annexation is contingent on the occurrence of one (1) or more events and these events do not transpire due to action or inaction by others than the City Council and the voluntary annexation is not approved by the City Council, then the cost deposit shall be forfeited to the City.
Section 400.175 Height Regulations.
[R.O. 1992 § 400.175; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Height Limitations On Buildings. Public, semipublic or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not to exceed seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
B.
Height Limitation Exceptions For Certain Building Or Structure Elements. Chimneys, cooling towers, fire towers, monuments, stacks, tanks, water towers, solar energy devices and necessary mechanical appurtenances are not intended to be precluded by the provisions of this Chapter, and may exceed the height regulations set out in Subsection (A) of this Section upon securing a special use permit, as set out in Article V of this Chapter, after appropriate consideration is given to the criteria set out therein, as well as the degree to which the structure interferes with or may have negative impacts on the surrounding uses.
Section 400.180 Area Regulations.
[R.O. 1992 § 400.180; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Front Yards.
1.
An open, unenclosed, uncovered porch, such porch not to be above the first-floor level, or paved terrace may project into a front yard for a distance not exceeding ten (10) feet, and at least two (2) feet from the adjacent lot line. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not exceeding four (4) feet.
2.
When, on the effective date of this Chapter (July 18, 1988) or subsequent amendments hereto, forty percent (40%) or more of a frontage on one (1) side of a street between two (2) intersecting streets was occupied by two (2) or more buildings, then the depth of the front yard heretofore established shall be adjusted in the following manner:
a.
When the building furthest from the street provides a front yard no more than ten (10) feet deeper than the building closest to the street, then the depth of the front yard for the frontage is the average setback of the existing buildings.
3.
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.
4.
Where lots have a double frontage, the required front yard shall be provided on both streets.
B.
Side Yards. For the purpose of the side yard regulations, a two-family or multiple dwelling shall be considered as one (1) building occupying one (1) lot.
C.
Rear Yards. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers may project into a rear yard not more than five (5) feet.
D.
Alley Width. Where a lot abuts upon an alley, one-half (1/2) of the alley width may be considered as part of the required yard.
E.
Lot Area Per Family. Where a lot of record in separate ownership from adjacent property on July 18, 1988, has less area or width than required in the district in which it is located, the lot may be utilized according to the provisions applicable to the district in which it is located, provided that the requirements concerning minimum depth of front yard, minimum width of side yard and minimum depth of rear yard are met; provided further, however, that this exception shall not apply to the owner of a lot of record who owns one (1) or more lots of record adjacent to it, each of which contains less than six thousand (6,000) square feet in area, in which case these lots shall be combined to form one (1) or more lots which meet, or more closely approximate, the area and width required in the district in which it is located. Requirements for lot area per family shall not apply to fraternities, dormitories or sororities where no cooking facilities are provided in individual rooms or apartments.
F.
Lots With Less Than Required Area. Where a lot of record has less area than required in the district in which it is located, the lot may be subdivided or resubdivided, provided that, after the subdivision or resubdivision, the lot has more area than prior to the subdivision or resubdivision.
Section 400.185 Fence Regulations.
[R.O. 1992 § 400.185; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Purpose And Intent. To encourage and protect the privacy and value of adjacent permitted uses and to reduce visibility obstructions, the following regulations are established for the location of types of fence devices permitted in all residential, commercial and industrial zoned districts.
B. FENCE
Definitions. The following words shall have the meanings as set out herein:
[Ord. No. 17-11776, 11-6-2017]
A structure and/or materials consisting of wood (rails or stakes), wire, masonry, or other similar materials erected so as to provide a barrier or enclosure along the boundaries of a yard or lot. Such fence may or may not have openings for sidewalks and driveways within its vertical surface depending on its construction and use.
C.
General Provisions.
1.
No permit shall be required for the erection, installation, or alteration of any fence within the City of Washington, Missouri, except as may be required by Chapter 500 (the Building Code) of the Washington Municipal Code.
2.
No wall, fence or other structure shall be erected or installed and no hedge, tree, shrub, growth or object of any kind shall be erected, installed or maintained across the sight distance triangle. The Zoning Administrator may require additional sight distance triangle area for clear sight and safety as determined by a traffic study.
3.
Fences shall not exceed three and one-half (3 1/2) feet in height above street grade within the required front yard setback.
4.
The City shall not be responsible for the replacement of fences constructed over dedicated utility easements or public rights-of-way which fences are removed by the City.
5.
Owners of property upon which fences are located shall maintain said fences and remove any fence if it becomes unsightly or a menace to public health, safety and welfare.
6.
A non-transparent fence or enclosure shall be placed around a solid waste dumpster of one (1) cubic yard or greater which is placed to serve any structure other than a single-family dwelling. The fence or enclosure shall be a minimum of one (1) foot wider on all sides and one (1) foot taller than the solid waste dumpster it encloses. Adequate doors shall be used which allow the solid waste dumpster to be easily removed from the enclosure.
D.
Fence Regulations For Residential (R) Districts.
1.
The use of barbed wire or any other similar material shall not be permitted on fencing.
2.
Residential fences, excluding natural vegetation, shall not exceed eight (8) feet in height.
3.
Ornamental dividers, plastic chains, posts or like materials erected along driveways or sidewalks, not exceeding three and one-half (3 1/2) feet, shall not be considered a fence.
4.
Fences shall be erected around swimming pools in accordance with the building codes of the City of Washington, Missouri.
E.
Fence Regulations For Commercial (C) And Industrial (M) Districts.
1.
Fences higher than eight (8) feet may be approved for security and/or screening purposes by the Zoning Administrator.
2.
Fences are permitted on any lot or paved area. Fences may encroach into the front yard setback, provided they do not exceed three and one-half (3 1/2) feet in height above street grade in commercially zoned property and six (6) feet in height above street grade in industrial zoned property.
3.
Barbed wire shall be permitted only when the lowest strand is at least seven (7) feet above street grade and only when used in conjunction with a fence of other materials.
Section 400.190 Landscaping, Buffering, And Screening Requirements.
[R.O. 1992 § 400.190; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Purpose And Intent. Green space and landscaped areas shall be provided in order to create attractive transition areas between properties; to minimize the impact of air, water and noise pollution; to provide shade and reduce glare; to minimize the visual impact of solid waste receptacles and other on-site storage areas; and to maintain and enhance the natural features of the site. These regulations provide standards and criteria for landscaping which are intended to enhance the value of property, provide buffers between dissimilar uses, improve the physical appearance of the City and maintain an ecological balance. Maintaining and recreating an ecological balance is of increasing importance because of the land coverage of pavement and structures. These impervious surfaces create an increase in air temperature, water runoff, flooding, erosion, water pollution and groundwater depletion. Vegetation effectively alters these imbalances through oxygen replacement, water absorption and abatement of noise, glare and heat. Landscape methods which conserve water through the use of drought-tolerant plants and planting techniques are encouraged.
B.
Applicability. These standards and criteria contained within this Section are deemed to be minimum standards and shall apply to all new construction occurring within the City except that of single-family dwelling, two-family dwelling and agricultural zoning districts (R-1A, R-1B, R-1C, R1-D, R-2, AG).
C.
Enforcement.
1.
The provisions of this Section shall be administered and enforced by the Zoning Administrator or authorized representative.
2.
If, at any time after the issuance of a certificate of occupancy, it is determined that the approved landscaping does not conform to the standards and criteria in this Section, a notice shall be sent to the owner citing the violation and describing what action is required to comply with this Section. The owner shall have thirty (30) days from the date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Section. It is the responsibility of the owner of the property that these requirements are complied with.
D.
Permits.
1.
No permits shall be issued for the improvement of any site, the construction of any building, or the establishment of any use for which a landscape plan is required by this Section until such plan has been submitted to and approved by the Zoning Administrator or authorized representative.
2.
Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required below.
3.
Temporary certificates of occupancy will be issued when seasonal climates do not allow for the planting of vegetation. A landscape plan shall be submitted and a schedule for completion shall be established to be in conformance with the requirements of this Section. Financial assurance must be given by the developer for the estimated cost of the landscape plan.
E.
Landscape Plans.
1.
The landscape plan may be submitted concurrently with the site plan or preliminary plat to the City Engineering Department. The Zoning Administrator, or authorized representative, shall review such plans and shall approve them if the plans are in accordance with criteria set forth in this Section. If the plans are not in accord, they shall be disapproved and shall be returned to the developer accompanied by a written statement setting forth the changes necessary to bring the plans into compliance.
2.
Landscape plans shall contain the following information:
3.
The landscape plan shall provide, to the maximum extent practicable, for the preservation of existing trees. It is the intent to discourage the practice of removing all existing trees in the improvement or development of properties within the City.
4.
Landscape methods which conserve water through the use of drought-tolerant plants and planting techniques (known as "xeriscape") are encouraged.
F.
Maintenance. The owner of the property shall be responsible for maintaining, in a neat and orderly manner at all times, the landscaping required by this Section. Plant materials shall be maintained in a healthy and growing condition that is appropriate for the season of the year. Plant materials which die shall be replaced with a healthy plant material of similar variety and meeting all requirements of this Section.
G. BUFFER YARD/BUFFER AREA CALIPER OR DIAMETER AT BREAST HEIGHT (DBH) COVERAGE FENCE GROUND COVER LANDSCAPE PLAN LAWN GRASS LOCATION QUALITY SHRUBS AND HEDGES TREES
General Standards And Definitions. As used in this Section, the following terms shall have these prescribed meanings:
A unit of land containing trees, shrubs, and other plants, berms, fences or walls and used to visibly separate one use from another or to block noise, lights, or other nuisances. Buffer yards are used to create a transition from one zoning district to another.
A measurement of the size of a tree equal to the diameter of its trunk measurement at four and one-half (4 1/2) feet above natural grade. For newly planted trees, the caliper measurement will be taken six (6) inches above natural grade.
Grass, ground cover, shrubs and other living landscape materials shall be used to cover all open ground. Landscaping materials such as mulch, bark, etc., can be incorporated into a landscape plan where appropriate.
An opaque structure and/or materials consisting of wood, masonry or vinyl, erected so as to provide an enclosure along the boundaries of a lot.
Ground covers used in lieu of grass, in whole and in part, shall be planted in such a manner as to present a finished appearance and reasonable complete coverage within one (1) year after the time of planting.
A plan designed to indicate the location of proposed landscaping within a development as well as existing landscaping to be retained. A landscape plan is submitted concurrently with either a preliminary or site plan.
Grass areas may be sodded, plugged, sprigged, or seeded, except that solid sod shall be used in swales, berms, or other areas subject to erosion.
Trees, as required by this Section, shall be located in front of the building line but shall not be located in front of a street right-of-way. Location of new trees shall not be allowed in the following areas:
All trees and shrubs used in conformance with the provisions of this Section shall have well-developed leaders and tops, and root characteristics of the species, cultivator or variety, and shall show evidence of proper pruning. All plant materials must be free of insects, diseases, mechanical injuries and other objectionable features at the time of planting.
Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen.
Trees shall be of species common to or adapted to this area of Missouri.
H.
Minimum Open Space Requirement. All property shall comply with the minimum open space requirement of the district in which the property is located.
I.
Minimum Buffer Area Requirements. For all zoning districts as provided for in Article III of this Chapter, except those districts provided for in Section 400.115, PD Planned Development Districts, the following minimum buffer area requirements shall apply:
1.
A single plant unit for buffer yards shall consist of the total plantings designated in one (1) of the columns below in the Table of Standard Plant Units:
Table of Standard Plant Units | ||
|---|---|---|
Type of Plant and Size | Standard Plant Unit | Alternative Unit |
Canopy tree | 1 | 1 |
Understory tree | 1 | 0 |
Shrubs | 10 | 9 |
Evergreen tree | 1 | 3 |
2.
The number of plant units required for a buffer yard is dictated by the width of the buffer yard that is required per the regulations of the zoning district involved and as required by the Table of Buffer Yard Standards below and as depicted in the buffer yards examples following the table:
Table of Buffer Yard Standards | ||
|---|---|---|
Buffer Yard | Number of Plant Units | Buffer Yard Width (feet) |
A | 1 | 10 |
B | 2 | 15 |
C | 3 | 15 |
D | 4 | 20 |
Buffer Yards  |
3.
The exact placement of required plants and structures shall be the decision of each user, except that the following requirements shall be satisfied:
a.
All buffer yard areas shall be seeded with lawn, ground cover or prairie grass unless a natural ground cover is already established.
b.
Required plant materials for buffer yards shall be planted with the following minimum sizes:
Vegetation Size or Height | |
|---|---|
Canopy tree | 2-inch caliper |
Evergreen tree | 6-foot height |
Understory/ornamental tree | 1.5-inch caliper |
Shrubs | 18-inch median height |
c.
Where the amount of frontage will require a fractional number of plant units, the requirements will be as follows: When the fraction is less than one-half (1/2), the number required shall be the amount of the next lowest whole number, but not less than one (1). When the fraction is one-half (1/2) or greater, the required amount will be the next-largest whole number.
d.
A buffer yard may be used for passive recreation. It may contain pedestrian, bike or jogging trails, provided that: no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of controlling ordinances are met.
e.
The property owner shall maintain the minimum buffer yard planting requirements of this Section and replace as necessary to maintain the required plant units.
f.
In lieu of a landscaped buffer, the City Council may require fencing which meets the requirements set forth in Section 400.185(E)(1) and (2) so long as it is opaque in nature only.
g.
Except for those zoning districts provided for in Article III, Section 400.115, PD Planned Development Districts, the following buffer yard matrix identifies the type of buffer yard [established in Section 400.190(I) above] required to separate different zoning district types:
Minimum Buffer Yard Matrix | ||||
|---|---|---|---|---|
LDR | MDR | HDR | C/M | |
LDR | — | — | B | D |
MDR | — | — | A | C |
HDR | B | A | — | B |
C/M | D | C | B | — |
Zoning District Key to Buffer Yard Matrix | |
|---|---|
Buffer Yard Type | Applicable Zoning District |
Low-density residential (LDR) | AG, R-1A, R-1B |
Medium-density residential (MDR) | R1-C, R1-D, R-2 |
High-density residential (HDR) | R-3 |
Commercial/industrial (C/M) | C-1, C-2, C-3, M-1, M-2 |
h.
Buffer area requirements for planned development zoning districts shall be subject to the development plan requirements for the proposed planned district as provided for in Article III, Section 400.115(G).
J.
Minimum Requirements For Off-Street Parking And Vehicular Use Areas.
1.
The interior of parking lots and vehicular use areas for uses requiring site plans shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards.
2.
Interior Landscaping. For sites containing parking and vehicular use areas totaling thirty (30) or more parking spaces or the gross floor area is twelve thousand (12,000) or more square feet, a minimum of five percent (5%) of the parking or vehicular use area shall be devoted to living landscape which includes grass, ground cover, plants, shrubs and trees. Gross parking shall be determined by calculating the total area used for parking, including circulation aisles. The following additional criteria shall apply to the interior of parking and vehicular use areas:
a.
Interior landscape areas shall be protected from vehicular encroachment or overhangs through appropriate wheel stops or curbs.
b.
There shall be a minimum of two (2) ornamental trees or one (1) shade tree planted for each thirty (30) parking spaces or twelve thousand (12,000) square feet of parking or vehicular use area, or fraction thereof.
c.
Interior areas of parking and vehicular use areas shall contain planting islands located so as to best relieve the expense of paving. Interior planting areas shall be a minimum of one hundred (100) square feet for each ornamental tree and two hundred (200) square feet for each shade tree, dimensioned in such a way as to provide a suitable area for planting.
K.
Sight Distance Visibility.
1.
Strict compliance with these landscape requirements shall not be required if it would cause visibility obstructions and/or blind corners at intersections.
2.
Landscaping, except required grass and low ground cover, shall not be located closer than five (5) feet from the edge of any accessway pavement.
3.
In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Traffic Engineer, the requirements set forth herein shall be modified to the extent necessary to remove the conflict.
L.
Utility Easements. Utility easements shall be agreed to with the affected utility prior to submission of landscape plans. Within utility construction requirements, easements shall be provided at locations that minimize their impact on required buffer yards and perimeter landscaping. Planting in or adjacent to a utility easement shall be coordinated with the utility.
Section 400.195 Performance Standards.
[R.O. 1992 § 400.195; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Hazardous Conditions. Every use shall be so operated as to comply with the applicable standards and enforcement provisions contained in the most-current Building Code and Fire Prevention Code as adopted by the City of Washington.
[Ord. No. 23-13753, 4-17-2023]
B.
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot lines of the property on which the use is located.
[Ord. No. 23-13753, 4-17-2023]
C.
Noise.
[Ord. No. 23-13753, 4-17-2023]
1.
This Subsection shall only apply to noise generated between the hours of 9:00 P.M. and 6:00 A.M.
2.
Pressure Level. Every use shall be operated such that the pressure level of sound, or noise generated, measured in "A" weighted decibels (dBA), shall not exceed the maximum decibel levels at the property line for the receiving property as set forth in the following table:
Receiving Zoning | All Dwelling District |
|---|---|
R1-A | 65 |
R-1B | 65 |
R-1C | 65 |
R-1D | 65 |
R-2 | 65 |
R-3 | 70 |
C-1 | 80 |
C-2 | 80 |
C-3 | 80 |
M-1 | 80 |
M-2 | 80 |
PDR | 70 |
PDC | 80 |
PDI | 80 |
PDM | 70 |
3.
The limits, as set forth, do not apply to Festival Districts as established by Chapter 250, Festival District Regulations.
4.
Measurements shall be taken by a properly calibrated decibel meter.
D.
Odor And Waste. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, refuse, water-carried waste, pollutants or other matter which in any manner creates a nuisance beyond the property line of a particular use.
E.
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
F.
Exterior Lighting. Lighting within any property that unnecessarily illuminates another property and interferes with the use and enjoyment of such other property is prohibited. In furtherance of this requirement, the following exterior lighting guidelines for commercial and industrial buildings and sites shall apply:
1.
Scope Of Provisions. The following regulations shall apply to all uses and to all development, including new commercial or light industrial development or redevelopment of sites and buildings within the zoning districts with a "C" or "M" designation and to all such projects being considered for parcels to be rezoned to these district designations or to planned development districts that may involve commercial or industrial uses (PD-C, PD-I, or PD-MXD) under Article III, Sections 400.090 through 400.115, of this Chapter. In addition, these provisions shall apply in the same districts in circumstances where:
a.
A new tenant wishes to make exterior lighting changes to an existing site and building;
b.
A project requires the amendment of an existing, approved site plan;
c.
A project requires a new or amended conditional use permit; and
d.
Any lighting change is to be made to an existing site and/or building involving new fixtures, standards, heads, or luminaires.
2.
General Guidelines And Standards.
a.
Site lighting shall include all lighting on a property, other than lighting within a fully enclosed building, provided that site lighting shall include interior lighting when used as accent lighting, as provided in Subsection (F)(2)(i) below.
b.
Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into "signage."
c.
Excessive brightness of site lighting shall be avoided.
d.
(Reserved).
e.
Site lighting shall not spill over to adjacent sites or properties.
f.
Site lighting shall not create glare which is directed toward or reflected onto adjoining properties.
g.
Site lighting shall not create glare which is directed toward or reflected onto streets or interior drives where such glare could negatively impact vehicular or pedestrian safety.
h.
Except as may be provided elsewhere in this Section, site lighting shall at no time be directed upward, in a radiating and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.
i.
The use of neon tubing of any color is only permitted as part of trade dressing on the exterior of a building as described in an approved site plan.
j.
At the time of filing any application for any use, development, amendment or change as set out in Subsection (F)(2)(a) hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:
(1)
Manufacturer's catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaries with specification data.
(2)
Photometric curves indicating both vertical and horizontal candlepower distribution.
(3)
A plan of the site superimposed with a grid of not more than twenty (20) feet between light sources, showing the calculated footcandle levels at average site grade at the center of each twenty-foot grid.
k.
All site lighting shall be installed utilizing underground cable.
l.
For non-single-family residential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn. For non-residential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn whenever said premises are open for operation. "Open for operation" shall be any time that a retail business is open for the sale of goods or services or a retail, office, or industrial facility actually has employees working within or upon said premises, other than guards, watchmen, or home occupations.
m.
Notwithstanding anything to the contrary herein, lighting in connection with temporary display and promotion of events may be approved by the Zoning Administrator or his/her duly designated representative in the manner as otherwise provided for in the Washington Municipal Code.
3.
Illumination Standards.
a.
Except as otherwise provided in the following provisions of this Section, all parking and loading areas and walkways shall be illuminated so as to produce a uniform minimum average illumination within such areas of two (2) footcandles of illumination, measured at the ground level.
b.
Lighting fixtures or standards without cutoff-type luminaires or with globe-style luminaries shall be no higher than fifteen (15) feet and shall have a maximum illumination output of not more than ten thousand (10,000) lumens.
c.
In non-industrial areas, lighting fixtures or standards with a cutoff-type luminaire shall be no higher than thirty-five (35) feet with a maximum average illumination of the property, measured at ground level over the site, of ten (10) footcandles and shall be of a flat lens design, not a drop-down lens design.
d.
In industrial areas, lighting standards for parking, loading, and staging areas shall be in accordance with a lighting plan approved by the City, but in no event will a fixture exceed sixty (60) feet in height.
e.
Except as may be otherwise approved by the City Engineer and/or the City's designated representative, where parking and loading areas are adjacent to residential areas, the maximum average illumination of the area between the rear building wall line and the property line abutting a residential area shall be one (1) footcandle measured at ground level over the site, provided that, at the property line abutting a residential area, the maximum illumination of the property shall be no higher than one-tenth (0.1) footcandle.
f.
Where parking or loading areas abut residential property, the fixture head shall be of an appropriate type which controls the lighting pattern and shall shield such residential property from direct view of the light source. In order to achieve this end, reflector shields may be required for fixture heads.
g.
Globe-style fixture heads (including other shapes such as acorn or cylinder styles) may only be used as decorative accents along the front of properties or buildings. Globe-style fixture heads shall be of the types which are frosted or translucent so that the bulb lighting source is not visible and that emitted light is diffused.
h.
All light standards, whether on internal drives and parking areas or public rights-of-way, shall be of a similar design as approved in the larger overall (concept) approved site plan.
i.
Lighting of all site areas shall use current lighting bulb/luminaire technology that minimizes energy consumption without creating oddly colored light or inducing significant color changes to building facade materials.
G.
Visibility.
[Ord. No. 17-11776, 11-6-2017]
1.
Visibility at corner lots on private and public streets and alleys. Notwithstanding any other provisions of this Chapter or Article, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially obstruct or impede vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the center-line grades within the sight distance triangle. Private roads or driveways shall not be placed within the sight distance triangle.
2.
Visibility at a private road or driveway. Notwithstanding any other provisions of this Chapter or Article, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially obstruct or impede vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the center-line grades within the sight distance triangle.
H.
Enforcement Of Performance Standards.
1.
Whenever, in the opinion of the Zoning Administrator, there is a reasonable probability that any use or occupancy violates these performance standards, he/she is hereby authorized to employ qualified professionals or technicians to perform whatever investigations and analyses in order to make a determination on whether or not a violation exists.
2.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the professionals and/or technicians employed to perform such investigations and analyses only if the violator has been given reasonable notice of the pending investigation and informed of the violators' liability for the costs of such investigations and analyses. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Article I, Section 400.035, of this Chapter.
Section 400.200 Solar Panel Placement And Installation.
[R.O. 1992 § 400.200; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A.
Purpose And Intent.
1.
Solar energy is a renewable and non-polluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.
2.
The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is an element of community and environmental sustainability that the City of Washington wishes to recognize.
3.
This Section aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor.
B. ACCESSORY STRUCTURE ALTERNATIVE ENERGY SYSTEMS BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS COLLECTIVE SOLAR EXPEDITED REVIEW FLUSH-MOUNTED SOLAR PANEL FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM NET METERING PERMIT GRANTING AUTHORITY PHOTOVOLTAIC (PV) SYSTEMS QUALIFIED SOLAR INSTALLER ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM SMALL-SCALE SOLAR SOLAR ACCESS SOLAR COLLECTOR SOLAR EASEMENT SOLAR ENERGY EQUIPMENT/SYSTEM SOLAR PANEL SOLAR STORAGE BATTERY SOLAR-THERMAL SYSTEMS
Definitions. As used in this Section, the following terms shall have the meanings indicated:
A structure, the use of which is customarily incidental and subordinate to that of the principal building and is attached thereto, and is located on the same lot or premises as the principal building.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade, and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
The grant of a priority status to an application that results in the review of the application ahead of applications filed prior thereto, including applications which may be currently under review by the applicable agency.
Photovoltaic panels and tiles that are installed flush to the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
The City of Washington authority charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP) shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on the list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the City determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
For purposes of this Chapter, the term "small-scale solar" refers to solar photovoltaic systems that produce up to ten (10) kilowatts (kW) per hour of energy or solar-thermal systems which serve the building to which they are attached and do not provide energy for any other buildings.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
An easement recorded pursuant to Missouri law, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
C.
Applicability.
1.
The requirements of this Section shall apply to all small-scale solar energy systems (residential, commercial, multifamily and condominium) modified or installed after the effective date of this Chapter.
3.
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.
4.
Solar energy collectors shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing" or "net metering" arrangement in accordance with State or Federal statute.
D.
Permitting.
1.
No small-scale solar energy system or device shall be installed or operated in the City except in compliance with this Article.
2.
To the extent practicable, and in accordance with the Washington Municipal Code, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Washington Municipal Code.
3.
Rooftop and Building-Mounted Solar Collectors. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the City, subject to the following conditions:
a.
Building permits shall be required for installation of all rooftop and building-mounted solar collectors, except:
(1)
A building permit shall not be required for flush-mounted photovoltaic panels.
b.
Any height limitations of the Washington Municipal Code shall not be applicable to solar collectors, provided that such structures are erected only to such height as is reasonably necessary to accomplish the purpose for which they are intended to serve and that such structures do not obstruct solar access to neighboring properties.
c.
Placement of solar collectors on flat roofs shall be allowed as of right in non-historic districts, provided that panels do not extend horizontally past the roofline.
4.
Building-Integrated Photovoltaic (BIPV) Systems. BIPV systems are permitted outright in all zoning districts.
5.
Ground-Mounted And Freestanding Solar Collectors. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the City, subject to the following conditions:
a.
Building permits are required for the installation of all ground-mounted solar collectors.
b.
The location of the solar collector meets all applicable setback requirements for accessory structures in the zoning district in which it is located.
c.
The height of the solar collector and any mounts shall not exceed twenty (20) feet when oriented at maximum tilt.
d.
Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.
e.
Freestanding solar energy collectors shall be screened when possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.
6.
Solar-Thermal Systems. Solar-thermal systems are permitted in all zoning districts, subject to the following condition:
a.
Building permits are required for the installation of all solar-thermal systems.
E.
Safety.
1.
All solar collector installations must be performed by a qualified solar installer as defined in Section 400.200(B) above.
2.
Prior to operation, electrical connections must be inspected by a Washington Code Zoning Administrator and by an appropriate electrical inspection person or agency, as determined by the City.
3.
Any connection to the public utility grid must be inspected by the appropriate public utility.
4.
Solar energy systems shall be maintained in good working order.
5.
Rooftop and building-mounted solar collectors shall meet the fire prevention and building code standards currently in effect under the Washington Municipal Code.
6.
If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the City's Fire Prevention and Building Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of City and other applicable laws and regulations.
7.
If a solar collector ceases to perform its originally intended function for more than twelve (12) consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than ninety (90) days after the end of the twelve-month period.
F.
Appeals.
1.
If an individual is found to be in violation of the provisions of this Section, appeals should be made in accordance with the established procedures of Article XIII of this Chapter.
2.
If a building permit for a solar energy device is denied because of a conflict with other goals of the City, the applicant may seek relief from the City Board of Adjustment in accord with the provisions of Article XIII, which shall regard solar energy as a factor to be considered, weighed and balanced along with other factors.
G.
Responsibility Regarding Other Properties.
1.
Nothing in this Section or elsewhere in this Chapter shall mean that the City assumes any responsibility for actions on the part of adjoining property owners such as building construction or addition, planting of trees, signage installations, or other such activities legally permitted by right or special use permit under this Chapter or other provisions of the Washington Municipal Code that may impact the performance of any solar installation allowed by right or by permit under this Section.
2.
Any property owner installing solar energy equipment may acquire a solar (property) easement from one or more adjoining property owners to provide protection for sunlight access from such activities as noted above; however, the City assumes no responsibility for the extent to which any such easement might affect use of the adjoining property under provisions of this Chapter or other provisions of the Washington Municipal Code.
Section 400.203 Vacation Rental Dwellings By Owner.
[Ord. No. 23-13814, 8-7-2023]
A.
Buffer Zone. Vacation rental dwellings by owner shall be at least one hundred fifty (150) feet from any existing vacation rental dwelling by owner in any R-2 Overlay District.
B.
Reports Required. Every person engaged in the business of operating a vacation rental by owner shall file with the City Collector prescribed forms giving such information as may be necessary to determine the amounts to which the tourism tax levied under the provisions of Section 140.300 of the Code of the City of Washington, Missouri, shall apply for the calendar quarter to be submitted with the payment to be made in accordance with Section 140.300(C) of the Code of the City of Washington, Missouri. Failure to submit the required forms for two (2) consecutive calendar quarters shall result in the automatic revocation of any special use permit for vacation rental by owner for that location.