[Ord. No. 7042, 8-24-2023]
Unless otherwise stated, the regulations hereafter established
shall apply within all districts established by this Chapter. These
general regulations supplement and qualify the district regulations
appearing elsewhere in this Chapter.
[Ord. No. 7042, 8-24-2023]
A.
The purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, manufacturing,
storing, and testing of marijuana and marijuana-infused products,
to the extent permitted by the Missouri Constitution, applicable Statutes
enacted by the General Assembly, and regulations promulgated by the
Missouri Department of Health and Senior Services, and to protect
the health, safety, and welfare of the residents, businesses, and
property owners in the City.
B.
No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance per Article XIII of this Chapter. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
C.
No more than a total of ten (10) marijuana dispensary facilities
will be allowed within the City limits. Marijuana dispensaries are
not permitted within the Downtown Overlay District.
D.
Each marijuana cultivation facility, marijuana-infused products manufacturing
facility or marijuana dispensary facility shall be located on properties
that meet the following distance requirements:
1.
No marijuana-related uses shall be operated or maintained within
seven hundred fifty (750) feet of any then-existing elementary or
secondary school, child daycare center or church.
2.
No marijuana-related uses shall be operated or maintained within
one thousand five hundred (1,500) feet of another marijuana facility
of identical use except when marijuana sales represent less than five
percent (5%) of the dollar volume of business in a State or Federally
licensed pharmacy.
3.
The distances described in this Section shall be computed along
the shortest path between the demarcation points that can be lawfully
traveled by foot as follows: in the case of a freestanding marijuana
facility, the distance between the facility and the school, daycare,
church, or other marijuana facility shall be measured from the external
wall of the marijuana facility structure closest in proximity to the
school, daycare, church, or other marijuana facility to the closest
point of the property line of the school, daycare, church, or other
marijuana facility. If the school, daycare, church, or other marijuana
facility is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, daycare, church, or other marijuana facility closest
in proximity to the marijuana facility at issue. In the case of a
facility that is part of a larger structure, such as an office building
or strip mall, the distance between the facility and the school, daycare,
church, or other marijuana facility shall be measured from the property
line of the school, daycare, church, or other marijuana facility to
the facility's entrance or exit closest in proximity to the school,
daycare, church, or other marijuana facility. If the school, daycare,
church, or other marijuana facility is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the school, daycare, church, or other marijuana
facility closest in proximity to the facility at issue.
4.
For purposes of this Subsection, "church" shall mean a permanent
building primarily and regularly used as a place of religious worship,
and "daycare" shall mean a child care facility, as defined by Section
210.201, RSMo., or successor provisions, that is licensed by the State
of Missouri.
E.
The waiting area and the area of a marijuana dispensary facility
where marijuana or marijuana-infused products are physically delivered
to a consumer shall be separated by a solid wall and solid door so
that persons in the waiting area are obstructed from observing the
delivery of the marijuana or marijuana-infused products. No loitering
will be permitted at any facility.
F.
No marijuana or marijuana-infused product shall be displayed so as
to be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a facility.
G.
"Drug paraphernalia," as defined in Section 195.010(18) [excluding Subsection (f)], RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed.
H.
The sale or consumption of alcohol within a facility is prohibited.
I.
Marijuana shall not be sold, dispensed or given to any person younger
than the age required under State law for the purchase and use of
marijuana. No person under the age of eighteen (18) shall be allowed
in any portion of a marijuana cultivation facility, marijuana testing
facility or marijuana-infused products manufacturing facility. The
entrance to a facility shall be clearly and legibly posted with notice
indicating that persons under the age of eighteen (18) are precluded
from entering the premises.
J.
A marijuana dispensary facility shall not dispense a greater amount
or quantity of marijuana to any customer or consumer than allowed
by State law. All marijuana sold or otherwise distributed shall be
in a sealed container. Such packaging shall have a label that indicates
the quantity and advises the purchaser that the marijuana is intended
for use solely by the customer and persons to whom the customer may
lawfully transfer marijuana, and that any resale or redistribution
to any third person not authorized by State law is a criminal violation.
K.
The consumption, inhalation or other personal use of marijuana or
marijuana-infused products on or within the premises of a marijuana
cultivation facility, marijuana testing facility, marijuana-infused
products manufacturing facility or marijuana dispensary facility is
prohibited, except that a marijuana testing facility may consume marijuana
during the testing process and only as the consumption relates to
the testing process.
L.
Dispensaries can be on the same property in HTCD as a cultivation
facility, a marijuana-infused products manufacturing facility or a
marijuana testing facility but are not permitted to be within the
same building as any other marijuana-related use.
M.
Security Plans. A marijuana cultivation facility, marijuana testing
facility, marijuana-infused products manufacturing facility or marijuana
dispensary facility shall provide adequate security on the premises,
including, but not limited to, the following:
1.
Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days, and be made available to Law Enforcement Officers upon
demand.
2.
Inventory. All salable inventory of marijuana must be kept and
stored in a secured, locked manner.
3.
Safe. A locking safe or secure vault permanently affixed or
built into the premises to store any currency on-site.
4.
Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
5.
Emergency Contact. Each facility shall provide the Chief of
Police with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
N.
Operating Plans. As a condition of processing of a business license
application, a facility operator shall provide at the time of filing
the business license application a detailed operations plan and, upon
issuance of a license, shall operate the facility in accordance with
the plan. Such plan shall include:
1.
Floor Plan. A plan showing the layout of the facility and the
principal uses of the floor area depicted. A marijuana dispensary
facility shall have a lobby waiting area at the entrance to the center
to receive clients, and a separate and secure designated area for
dispensing marijuana. The primary entrance of any stand-alone facility
shall be located and maintained clear of barriers, landscaping and
similar obstructions so that it is clearly visible from public streets,
sidewalks or site driveways. All storage areas shall be shown and
labeled.
2.
Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana or fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
O.
Signage.
1.
A sign for a marijuana cultivation facility, marijuana dispensary facility, marijuana-infused products manufacturing facility, or marijuana testing facility shall comply with the requirements of Chapter 410, Signage Regulations, of this Code, or any ordinance enacted hereafter regulating signs.
2.
A sign for a marijuana cultivation facility, marijuana dispensary
facility, marijuana-infused products manufacturing facility, or marijuana
testing facility shall be located on the same premises as the facility.
P.
Each facility shall at all times possess a current City business
license. By obtaining a City business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
Q.
It shall be unlawful for any person to distribute, transmit, give,
dispense or otherwise provide marijuana as a home occupation.
R.
No marijuana cultivation facility, marijuana dispensary facility,
marijuana-infused products manufacturing facility, or marijuana testing
facility shall be operated within the City without a valid license
issued by the Missouri Department of Health and Senior Services. No
marijuana or marijuana-infused products shall be acquired, certified,
cultivated, delivered, manufactured, processed, sold, stored, tested,
or transported within the City, except by persons or entities licensed
for such purposes by the Missouri Department of Health and Senior
Services.
S.
Application Review Process.
1.
Site Review Permit. This preliminary permit reviews the proposed
marijuana-related use for compliance with the City's zoning and
location standards prior to issuance of a State license. A draft of
proposed security and floor plans should also be provided. Site review
approval shall expire, and be of no effect, one (1) year after the
date of issuance thereof.
2.
Business License. Once State licensing has been received, the
business license shall include all relevant State approvals and approved
operating plans and security plans.
[Ord. No. 7042, 8-24-2023]
A.
A use requiring evacuation assistance is prohibited in a structure
intended for human occupancy that is located within five hundred (500)
feet of a hazardous pipeline. This prohibition does not apply to a
structure that is located at least two hundred (200) feet from a hazardous
pipeline if, by resolution, the City Council determines, after receiving
a recommendation from the Building Official, that:
1.
The structure has a performance-based design that provides an
adequate time period for occupant evacuation to a safe place in the
event of a hazardous pipeline leak or fire association with a hazardous
pipeline, after considering:
a.
The requirements of the 2000 Edition of the National Fire Protection
Association 101 Life Safety Code;
b.
The site and structure design;
c.
The structure's building materials;
d.
The structure's distance from the pipeline;
e.
The use of radiant energy barriers;
f.
Access to the site and the structure by emergency providers;
g.
Available on-site resources for emergency responders;
h.
The topography and other natural features;
i.
The use of the structure;
j.
The evacuation capability of the occupants.
2.
The structure incorporates a system for the early detection
and notification of a pipeline leak if the Building Official determines
that an appropriate system is commercially available; and
3.
The performance-based design for occupant evacuation and the
early detection and notification system are certified and sealed by
an engineer registered in the State of Missouri.
B.
Except as otherwise set forth in this Section, a person may not build
new construction within any restricted pipeline area or within any
limited improvement area. Notwithstanding anything in this Section
to the contrary, fences, signage, decks, sun porches, screen porches,
patios, swimming pools, sheds, landscaping, detached garages, mechanical
units, trash enclosures, and lighting are permitted in a limited improvement
area.
C.
A person may not place a structure or excavate within a restricted
pipeline area.
1.
This prohibition does not apply to:
a.
The hazardous pipeline or an appurtenance to the pipeline;
b.
A facility that produces, consumes, processes or stores the
product transported by the hazardous pipeline, including a power generation
facility;
c.
A utility line that crosses the restricted pipeline area, including
an appurtenance to the line;
d.
A utility service connection;
e.
A road;
f.
A surface parking lot;
g.
A structure or excavation that the Building Official determines
does not disturb the pipeline or impede its operation;
h.
Grading that the Building Official determines does not disturb
the pipeline or impede its operation.
2.
Before a person may place a road, surface parking lot or utility
line in a restricted pipeline area, the person must deliver to the
Building Official a certification by an engineer registered in the
State of Missouri stating that the proposed construction activity
and structure are designed to prevent disturbing the hazardous pipeline
or impeding its operation.
D.
In calculating minimum lot area under this Chapter, a restricted
pipeline area is excluded.
[Ord. No. 7042, 8-24-2023]
A.
Public And Semi-Public Buildings. In any district, public or semi-public
buildings, such as hospitals, churches, sanitariums or schools, either
public or private, there permitted, may be erected to a height not
exceeding seventy-five (75) feet, provided that such buildings shall
have yards which shall be increased one (1) foot on all sides for
each additional foot that such buildings exceed the specified height
limit as established by the regulations of the district in which such
buildings are situated.
B.
Structural Projections.
1.
Chimneys, cooling towers, elevator headhouses, fire towers,
grain elevators, monuments, stacks, stage towers, or scenery lofts,
tanks, water towers, ornamental towers, and spires, church steeples,
radio and television towers, or necessary mechanical appurtenances,
usually required to be placed above the roof level and not intended
for human occupancy, are not subject to the height limitations contained
in the district regulations, except that such structural projections
shall not exceed the height regulations of the district in which the
structure is situated by more than fifteen percent (15%), except as
indicated below.
2.
Structural projections exceeding the above height limitations shall be considered as conditional uses and shall be processed in accordance with Article VIII of this Chapter, except in no event shall a radio aerial or television antenna support extend more than twenty-five (25) feet above the ridge of a roof in any residential district.
3.
Structural projections shall not interfere with St. Charles
County's emergency microwave communications system. For purposes
of this Subsection, the lack of interference may be shown by submitting
a letter from or written findings of the St. Charles County Emergency
Communications System Manager after review of the site and building
plans.
[Ord. No. 7042, 8-24-2023]
A.
Commercial/Industrial Front Yards. In Districts "C-1," "C-2," "C-3,"
"I-1," and "I-2" where buildings located in the same block on the
same side of a street have provided front yards of greater depth than
herein required, the Planning and Zoning Commission may require a
similar setback for buildings or structures constructed thereafter.
B.
Determination Of Setbacks. In measuring a yard, the minimum horizontal
distance between the proposed right-of-way line and the main building
shall be used. The required setback line shall be measured from the
proposed right-of-way line.
C.
Structural Projections. Every part of a required yard shall be open
from its lowest point to the sky unobstructed.
Exceptions:
1.
The ordinary projection of sills, belt courses, chimneys, cornices,
buttresses, ornamental features, bay windows, and eaves; provided,
however, that none of the above projections shall extend into a minimum
yard more than twenty-six (26) inches; and provided, further, that
projections are not into an easement.
Chimneys are allowed to cantilever into an easement as follows:
a.
Chimney shall not extend into a side yard easement when a water
or sewer (sanitary or storm) main is present. If a water or sewer
main is not present, chimneys may extend into the required side yard
over the easement up to twenty-six (26) inches, provided it does not
extend closer that three (3) feet from the property line.
b.
On any building permit application submitted that a chimney
is shown to extend into the side yard easement, the applicant's
engineer or surveyor shall note that water or sewer mains are not
located in said easement.
2.
Balconies, canopies, or open porches having an area not exceeding
sixty (60) square feet may project a maximum of six (6) feet into
the required front or rear yard, and existing open porches extending
into the required yard shall not be enclosed.
3.
Mechanical units such as air-conditioner condensers, generators,
and similar equipment are specifically excluded, whether attached
or detached. Pool equipment shall not be considered a mechanical unit.
D.
Fire Escapes/Balconies. An open fire escape may project into a require
side yard not more than one-half (1/2) the width of such yard, but
not more than four (4) feet from the building. Fire escapes, solid-floored
balconies, and enclosed outside stairways may project not more than
four (4) feet into a required rear yard.
F.
Sight Triangle And Obstruction. On the point of any access onto a
public street or the intersection of any two (2) streets, development
shall conform to the requirements of the sight triangle in which nothing
shall be erected, placed, planted, or allowed to grow in such a manner
as to materially impede vision between a height of thirty-six (36)
inches and fifteen (15) feet above grade above the grades at the back
of the curb of the intersecting streets, within the triangular area
formed by the right-of-way lines and a line connecting them at points
twenty-five (25) feet from their point of intersection or at equivalent
points on private streets or as otherwise shown on the approved site
plan.
 |
G.
Commercial/Industrial Rear Yards. No rear yard shall be required
in Districts "C-1" to "I-2" inclusive on any lot used for business
or industrial purposes, the rear line of which adjoins a railway right-of-way
or, which has a rear railway right-of-way or which has a rear railway
track connection.
H.
Through Lots. A through lot having one (1) end abutting a limited
access highway, with no access permitted to that lot from said highway,
shall be deemed to front upon the street which gives access to that
lot.
I.
Residential Rear Yards. Nothing in these regulations shall preclude
the Administrative Officer from granting an exception of the Zoning
Code to allow a rear yard setback reduction to fifteen (15) for the
purpose of constructing a covered patio/deck in the residential zoning
districts of "R-1," "R-1A," "R-2," "R-3," "R-4," and "PUD." For the
purposes of this Section, an "exception" is defined as "a relatively
small departure of the Zoning Code that maintains the general intent
and purpose of the Zoning Code." Such an exception cannot exceed an
overall square footage encroachment of two hundred (200) square feet
and shall apply only to a covered patio/deck. For the purposes of
this Section, a "covered patio/deck" is defined as "a one (1) story
structure either attached or detached from the principal structure.
The cover shall only be enclosed by the principal structure. Structures
enclosed with insect screening will only be allowed when no extension
walls are constructed, excepting guardrails."
1.
In the granting of an exception of the residential rear yard
setback, the Administrative will notify all abutting lot owners to
the residential property being considered for the exception. The applicant
shall provide such information as may be requested by the Administrative
Officer. The Administrative Officer shall review the information and
can grant an exception on the basis that the spirit of these regulations
shall be observed, safety and welfare secured, and substantial justice
done.
2.
Uncovered decks may encroach into the required rear yard, but
shall be located at least ten (10) feet from the rear property line.
[Ord. No. 7042, 8-24-2023]
A.
The following standards are regarded as requirements for desirable
development. The size, shape and orientation of lots shall be designed
to provide desirable building sites and logically related to topography,
natural features, streets, and adjacent land uses. Due regard shall
be given to natural features such as large trees; unusual rock formations;
watercourses; and sites which have historical significance, scenic
views, and similar assets, the preservation of which would add attractiveness
and value to the subdivision. The following minimum standards are
set forth as guides to these goals.
1.
When additional right-of-way is dedicated on existing streets
for future widening, calculations of the area of a lot should not
include the dedicated strips in determining the gross area of the
lot. Right-of-way dedication shall be required for all proposed developments
which front along a public road. The area of all lots must be calculated
exclusive of the street rights-of-way.
2.
Improvement Of Existing Streets. Any development fronting on
an existing road or street shall be responsible to bring the road
or street up to City specifications to the centerline of the road
or street. The City's Thoroughfare Plan shall be a guide in determining
which roads need improvement. Streets going through a development
shall have the guidelines set forth above applied to both sides of
the street. It is the developer's responsibility to make infrastructure
improvements necessitated by the proposed project that are reasonably
related to the proposed activity. In cases where there is a proportional
impact to the area, the developer shall be responsible for the proportional
costs according to the percent the proposed activity contributes to
the need for improvements to the infrastructure in the area. The approved
traffic study will determine the infrastructure improvements that
will be necessary.
3.
Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as rock formations,
soil conditions, steepness of terrain, flood conditions, or other
adverse natural physical conditions, the Commission may, after adequate
investigation, withhold approval of such lots until engineering studies
are presented to the Commission which establish that the method proposed
to meet any such condition is adequate to avoid significant danger
to health, life or property.
[Ord. No. 7042, 8-24-2023]
A.
The size, orientation and dimensions of lots shall be appropriate
for the location and physical character of the proposed subdivision
and for the type of development contemplated in compliance with the
applicable Zoning Code or regulation. Building lines shall be shown
on all lots intended for residential use; and shall not be less than
the setback required by the Zoning Code.
1.
Depth. Excessive depth in relation to width shall be avoided.
A depth to width proportion of one (1) to one (1) up to three (3)
to one (1) will normally be considered appropriate, unless topography
is such that other lot dimensions allow for proper development. This
requirement can be varied with Planning and Zoning Commission approval
in "PD," "PUD" and "MUTDD" Zoning Districts.
2.
Street Access. Each proposed lot shall front upon a street improved
to standards and specifications of the City of O'Fallon unless
the lots front on a private roadway.
3.
Width. Lots for residential purposes shall have sufficient width
at the building setback lines to permit compliance with side yard
or distance requirements of the applicable Zoning Code or regulations
and still be adequate for a building of practicable width. The minimum
lot width required for a lot fronting on a cul-de-sac or any radial
right-of-way shall be measured as a straight line along a tangent
to the setback line at a point midway between the side lot lines.
4.
Double-Frontage. Lots with double frontage and reversed frontage
shall be avoided, except where necessary to provide separation of
development from traffic arteries, or as otherwise required by topography
or similar conditions.
5.
Side Lot Lines. Side lot lines shall be at right angles to straight
streets and radial to curved streets except when said radial lot lines
detract from desirability of the lot, in which event some deviation
may be allowed.
6.
Corner Lots. Corner lots for residential use shall be platted
to permit compliance with the yard and setback requirements for the
applicable Zoning Code. The right-of-way radius on corner lots shall
be a minimum of twenty-five (25) feet, or in the case of a straight
line, the line connecting two (2) points twenty-five (25) feet distance
from the intersection of the projected lot lines.
7.
Markings. The corners of all lots shall be marked with iron
stakes, or if the front property line is contiguous to a street, by
an approved recognizable mark on street or curb, as specified by the
Missouri Land Survey Authority.
[Ord. No. 7042, 8-24-2023]
A.
In addition to the standards of this regulation, which are appropriate
to the platting of all subdivisions, the subdivider shall demonstrate
to the satisfaction of the Commission that the street, parcel and
block pattern proposed is specifically adapted to the uses anticipated.
The following standards shall, therefore, be observed.
1.
Proposed industrial parcels shall be suitable in area and dimensions
to the types of industrial development anticipated.
2.
Street right-of-way and pavement shall be adequate to accommodate
the type of volume of traffic anticipated.
3.
Every effort shall be made to protect adjacent residential areas
from the proposed non-residential subdivision, including the provision
of extra depth in parcels adjacent to an existing or potential residential
development and provision for a permanently landscaped buffer yard
where indicated by the Planning and Zoning Commission.
4.
The street network shall be designed according to the City's
Traffic Management Policy.
[Ord. No. 7042, 8-24-2023]
The construction of new private streets within any residential
zoned development shall be prohibited. Private streets will be allowed
in commercial and industrial zoned areas. For any existing or approved
subdivision having private streets, the developer must construct a
sign at all entrances of the subdivision within fifty (50) feet of
the centerline of the road, this shall state: "Private Streets Maintained
by Property Owners." These signs shall be installed where they are
easily visible to anyone entering the subdivision and maintained in
good order by the developer until the homeowners' association
in the subdivision is established and can maintain the sign. The minimum
size for sign shall be twelve (12) inches high by eighteen (18) inches
wide with two (2) inch high letters. There shall also be a sufficient
contrast in the coloring of the sign background as compared to the
message lettering. When private streets are built, they are to be
built to public streets standards.
[Ord. No. 7042, 8-24-2023]
A.
Maximum Lot Coverage Calculation. In computing the amount of lot
coverage, the amount of coverage shall include the total area of all
principal and accessory buildings as measured along the outside wall
at ground level or above as viewed from above and includes all projections
other than open porches, fire escapes, canopies or the first three
(3) feet of a roof over-hang. Roads, driveways, parking lots and swimming
pools shall not be included in determining the maximum lot coverage
requirements. The maximum lot coverage requirements established for
the individual zoning districts shall apply to all property platted
either before or after the effective date of this Section.
B.
Business And Dwelling Joint Use. For any building used jointly for
business and dwelling purposes, the number of dwelling units permitted
(by the lot area requirements per dwelling unit) shall be reduced
in the same proportion as the floor area devoted to business bears
to the entire floor area of the building, provided that floor area
below the first floor of such building shall not be included in any
calculation under this provision.
C.
Hotel And Apartment Joint Use. For any building providing jointly
for hotel and apartment building uses, the number of dwelling units
permitted in apartments by the lot area requirements per dwelling
unit shall be reduced in the same proportion as the total floor area
devoted to hotel or non-housekeeping rooms bears to the total area
devoted to both uses.
[Ord. No. 7042, 8-24-2023]
A.
Access To Business And Industrial Districts. No land which is located
in a residential district shall be used for a major access route to
any land which is located in any business or industrial district;
provided, however, that this Section shall not prohibit pedestrian
walks and driveway connections between residential districts and neighborhood
shops when incorporated as a part of a Planned Development or Planned
Unit Development.
B.
Street Access. All lots shall abut a street other than an alley for
a width of at least thirty-five (35) feet.
[Ord. No. 7042, 8-24-2023]
A.
Purpose. The purpose of these regulations is to regulate the materials,
locations, height and maintenance of fencing and decorative posts
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Standards And Requirements.
1.
All fences and decorative posts to be constructed within the
City limits that are thirty (30) inches or more in height need to
have a permit issued prior to construction. The property owner or
his/her authorized agent shall obtain a fence permit from the Administrative
Officer. The Administrative Officer is hereby authorized to make periodic
inspections to assure compliance with this Section during and after
construction or erection thereof.
2.
The permit is not valid until a completed application is submitted
and approved and all applicable fees are paid in full.
3.
Construction shall be initiated within six (6) months of the
date of permit issuance and be completed within one (1) year or the
permit will expire by limitation. Renewal of any expired permit is
subject to review by the Administrative Officer.
4.
Fences erected after passage of this Section that do not comply
with all applicable provisions of this Section shall be considered
illegal and shall be dismantled and removed by the property owner(s)
at their expense. Violation of any provision of this Section shall
subject the property owner to a fine of up to five hundred dollars
($500.00) upon conviction of any such offence, with each violation
constituting a separate offence.
5.
Issuance of a permit by the City of O'Fallon, Missouri,
is verification that all of the provisions of this Section have been
met, but this does not guarantee or constitute subdivision approval.
C.
Design And Placement.
1.
The maximum height for fencing, accompanying structures and
decorative posts is six (6) feet, six (6) inches, except as noted
elsewhere within this Section.
2.
Fences/decorative posts must be constructed on or within the
property lines; may not be placed in the State right-of-way without
a State permit; and if they are constructed within the easement on
the subject property, are subject to removal by the property owner,
or other authorized party, without compensation or remuneration.
3.
Fences/decorative posts may be located on any side or rear yard
property line except as otherwise stated in this section.
4.
Installation of the fence may not obstruct any manhole or inlet
covers and must not impede/disturb the existing drainage patterns/swales
or natural water flows on the subject property or adjacent properties.
5.
Fencing built forward of the required lot setback line is prohibited,
except in cases where more than one (1) side of the lot abuts a public
street. In this case, the fence may project up to ten (10) feet over
the building line only on the side yard that is adjacent to the street.
Fencing within the front yard setback is prohibited.
6.
Decorative posts less than thirty (30) inches in height may
be placed in the front yard, provided they are no closer than two
(2) feet to the property line. For purposes of this Section, "decorative
posts" are defined as ornamental poles or stakes with attached chains,
rope or other material that serve only aesthetic purposes.
7.
Fencing/decorative posts may not be placed within the designated
twenty-five (25) foot sight triangle or be erected or constructed
in any manner that otherwise impedes vehicular vision.
8.
All fences are required to have a minimum three (3) foot wide
gate/opening on any side adjacent to a street.
9.
The finished side of the fence must face outward. All visible
supports and other structural components shall face in toward the
subject property.
10.
All fencing materials must be contiguous; any fencing that is
installed on a piece of property must be of the same material and
design. A property owner shall be allowed to erect a fence of differing
material or design with approval of the Administrative Officer.
D.
Maintenance And Materials (All Zoning Districts).
1.
Acceptable materials for fencing and decorative posts include,
but are not limited to, brick, stone and other masonry, synthetic
materials, natural and treated woods, wrought iron, decorative aluminum
and chain link.
2.
Prohibited materials for fencing and decorative posts include,
but are not limited to, barbed wire, razor wire, hardware cloth, wire
mesh and electrified fencing.
a.
Barbed wire can be used on security fences in industrially zoned areas, provided the fence has a minimum height of five (5) feet, six (6) inches and the property owner has applied for and received a conditional use permit as outlined in Chapter 400, Article VII. Barbed wire must be supported vertically or tilted inward towards the subject property.
3.
The property owner shall repair, paint, remove or otherwise
attend to any fencing that has become unsightly or a menace to public
safety, health or welfare.
4.
The Administrative Officer is hereby empowered to issue notices
to property owners to comply with all provisions of this Section.
Lot owners will be given fifteen (15) days to comply with any and
all requests. However, a longer response time may be granted at the
discretion of the Administrative Officer in cases when such compliance
would cause an undue hardship.
E.
Non-Conforming Fencing.
1.
All fencing in place prior to the effective date of this Section
shall be considered legal non-conforming structures.
2.
As long as a legal non-conforming fence is not replaced or relocated
or the frame or structural supports are not altered in any manner
that extends, enlarges or intensifies the non-conformity, the fence
will be allowed to remain. If the fence is altered, then the fence
must be brought into compliance with all applicable provisions of
this Section. The maintenance and repair of fencing is exempt from
this provision.
F.
Special Fencing Requirements.
1.
Commercial Bufferyard Fencing.
a.
Base Material. The base material used to construct the fence
must be rigid polyvinyl chloride (PVC) and the extruded product must
adhere to the ASTM (American Society for Testing Materials) standards.
The PVC used must be impact tested for durability and must be formulated
to be stable in ultraviolet (UV) light. The material must also be
"self-extinguishing," non-flammable with a flash temperature of not
less than nine hundred degrees Fahrenheit (900° F.).
b.
Brackets And Fasteners. Brackets and fasteners can be made of
stainless steel, galvanized steel, brass or any other material fashioned
for outdoor use. This is in order to provide better weathering and
rust protection. This includes all nuts, bolts, screws and washers,
as well as all hinge assemblies and latching mechanisms.
c.
Internal Dimensions. The PVC used must be of a weight and thickness
that can support itself. The walls of each component of the fence
must be thick enough to ensure that the piece will not bend or warp
because of heat, cold, strong winds or any other external force. The
wall thickness of each component should be matched to the size of
the component used. The standard component sizes and thickness are
listed below:
|
Cross Section (Dimensions)
|
Wall Thickness
| |
|---|---|---|
|
Posts
|
4" x 4"
5" x 5"
5" x 5"
|
0.140 inches
0.135 inches (standard)
0.170 inches (heavy)
|
|
Rails
|
1 1/2" x 1 1/2"
1 3/4" x 3 1/2"
3" x 3 1/2" T-rail
2" x 6" hollow
1 1/2" x 5 1/2" ribbed
2" x 6" ribbed
3" x 3"
3 1/2" x 3 1/2"
|
0.120 inches
0.100 inches
0.095 inches
0.125 inches
0.090 inches
0.090 inches
0.110 inches
0.115 inches
|
|
Pickets
|
7/8" x 1 1/2"
7/8" x 1 1/2" heavy wall
7/8" x 3"
7/8" x 6" ribbed
7/8" x 7" tongue and groove
1 1/2" x 1 1/2"
|
0.060 inches
0.090 inches
0.060 inches
0.060 inches
0.060 inches
0.060 inches
|
d.
Posts. All line posts should be fully reinforced and set the
minimum depth required to support a fence of the stated height. These
details should be stated on the fence diagram. All posts should be
topped with molded PVC caps that are complimentary to the style of
the fence. Posts should be routed to receive rails.
e.
Rails. Bottom rails should contain a stiffener channel for added
strength and stability. A steel or aluminum channel may be used. Rails
should be routed to receive pickets.
f.
Pickets. The pickets used in the fence can be either ribbed
or hollow and can be either flat sided or tongue and grove interlocking.
g.
Gates. Should be fully reinforced so that the gate retains its
shape and fit and can be fully opened and closed without difficulty.
h.
Design. The design and color of the fence should be complimentary
to the other structures located on and around the site. Although chemical
pigment may be added to some PVC compounds to give the fence color,
any additives to the PVC material should not supersede the material
standards previously stated in this document.
i.
Configuration. The sizes and shapes of the pickets, rails and
posts should not deviate from the standard sizes previously listed,
unless necessary for a custom fence installation. For any deviation,
a review of the fence schematic and prior approval will be required.
j.
Aesthetic. All fencing materials must be contiguous; any fencing
that is installed on a piece of property must be of the same material
and design as the existing fence. If this is not possible, for instance,
the material used to make the existing fence is no longer available,
all existing fencing must be removed or altered so that it is the
same as the new fence. Mixing of fence elements is not permitted,
i.e., connecting the twenty (20) foot span between two (2) sections
of wood fencing with a chain link fence.
2.
Enclosures For Pools, Spas And Hot Tubs. Refer to the adopted
edition of the International Swimming Pool and Spa Code.
G.
Exceptions.
1.
Temporary protective fencing that is used to secure an area
during active earth work (excavation, construction, grading) is permitted
without the issuance of a fence permit.
2.
Fencing that is installed as a structural construct or as a
safety device (i.e., batting cages, backstops on ball fields, fencing
on the top a retaining wall or similar structure, etc.) is permitted
without the issuance of a permit, however, it shall be shown as an
improvement and is subject to review and approval by the Administrative
Officer.
3.
The maximum height limit for fencing/decorative posts may be
exceeded either:
a.
With the approval of a conditional use permit per Chapter 400, Article VII, provided the following conditions apply: The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas. The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to said side; or
b.
Without a conditional use permit, if a fence with a height of
greater than six (6) feet six (6) inches is required in order to maintain
compliance with any current City ordinance.
[Ord. No. 7042, 8-24-2023]
A.
No accessory building or structure shall be used prior to the principal
building or use, except as a construction facility for the principal
building. An accessory building attached to the principal building
of a lot shall be made a structural part thereof and shall comply
with the provisions of this Chapter. Accessory buildings, except garages,
must be located in the rear yard of a lot and must conform to all
provisions of this Chapter. On a corner lot, all accessory buildings
(except garages) and recreational vehicle pads must be located in
the rear yard of a lot on the interior side.
1.
Attached Accessory Buildings. Any accessory building which is
structurally attached to the principal building of a lot shall be
considered part of the principal building and shall comply will all
provisions of this Chapter pertaining thereto.
2.
Detached Private Residential Garages, Carports, Utility Sheds,
Gazebos, Pavilions And Similar Structures.
a.
Purpose. The purpose of this Subsection is to ensure that detached
residential garages, carports, utility sheds, gazebos, pavilions and
similar structures are not constructed of a size and height as to
be detrimental to the use and enjoyment of adjacent residential properties.
b.
Applicability. The requirements of this Subsection apply to
all residential development except within the Mixed-Use Traditional
Development District and Mobile/Manufactured Home Park Districts within
the jurisdiction of this Chapter.
c.
Requirements.
(1)
All detached private residential garages, carports,
utility sheds, gazebos, pavilions and similar structures shall be
in accordance with the following:
(a)
Shall not be located within any required front
or side yard.
(b)
Shall not be located closer than ten (10) feet
from any rear property line.
(c)
Shall meet the side yard setback requirements for
the principal structure on the property.
(d)
Shall not be located within any required bufferyard
area.
(e)
Shall not exceed fifteen (15) feet in height as
measured from the adjacent finished grade.
(f)
Shall not exceed one hundred fifty (150) square
feet for a shed or three hundred (300) square feet for a detached
garage or carport and the total of all accessory structures shall
not exceed fifty percent (50%) of the square footage of the primary
structure's building footprint excluding any attached garage.
(The existence of a doorway of sufficient size to accommodate a licensable
automobile is conclusive evidence of a structure's intended use
as a garage. This would require the installation of a paved driveway.)
(2)
All detached private residential garages, carports,
utility sheds, gazebos, pavilions and similar structures which are
proposed to exceed the height or size limits outlined above shall
only be allowed through the review and approval of a conditional use
permit unless located on property zoned "R-1A" or "R-1B" or on a residential
lot in excess of thirty thousand (30,000) square feet. In such cases,
all detached private residential garages, carports, utility sheds,
gazebos, pavilions and similar structures that exceed the above limitations
on size and height shall meet the setbacks and development standards
for a primary structure in the pertinent zoning district.
3.
Architectural Guidelines For All Custom Constructed (Stick Built)
Detached Private Residential Garages, Carports And/Or Utility Sheds.
All utility sheds in excess of one hundred fifty (150) square feet,
detached private garages, and carports shall be constructed of materials
and designed architecturally to be in substantial compliance with
the primary structure on the property as determined by the Administrative
Officer.
[Ord. No. 7042, 8-24-2023]
A.
Purpose. The purpose of this Section is to regulate the spill-over
of light and glare on operators of motor vehicles, pedestrians and
land uses in the vicinity of a light source in order to promote traffic
safety and to prevent the creation of nuisances.
B.
Applicability. The requirements of this Section apply to all private
exterior lighting within the jurisdiction of this Section, except
for lighting within public rights-of-way and/or lighting located on
public property.
C.
Depiction On Required Photometric Plan. Any and all exterior lighting shall be depicted as to its location, orientation, intensity of illumination, and configuration on the photometric plan required for the development of the subject property (Refer to Article XIV of this Chapter Site Plan Review).
D.
Requirements.
1.
Orientation Of Fixture. In no instance shall an exterior lighting
fixture be oriented so that the lighting element (or a transparent
shield) is visible from a property located within a residential zoning
district. The use of shielded luminaries and careful fixture placement
is encouraged so as to facilitate compliance with this requirement.
2.
Intensity Of Illumination. In no instance shall the amount of
illumination attributable to exterior lighting, as measured at the
property line, exceed one-half (0.50) foot-candle. In commercial and
industrial zoned districts, lighting shall extend into the public
right-of-way. Lighting shall be designed to project downward to not
impact driver's vision. The minimum lighting from the property
line to the curb/shoulder of the road shall be four-tenths (0.40)
foot-candle and not more than seven-tenths (0.70) foot-candle shall
extend onto the paved surface of the road.
3.
Location. Exterior light fixtures shall be located within landscaped islands or in vegetated areas along the perimeter of the parking/vehicular use area. Light fixtures shall not be placed within the required bufferyard as defined in Chapter 402.
4.
Flashing, Flickering And Other Distracting Lighting. Flashing,
flickering and/or other lighting which may distract motorists is prohibited.
5.
Minimum Lighting Standards. All areas designated on required
site plans for vehicular parking, loading, or circulation and used
for any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of four-tenths (0.4) foot-candle.
6.
Height Of Fixtures. Lighting shall be permitted at heights reasonable
to meet the minimum lumination requirements while maintaining complete
compliance with the intensity, location and orientation standards
of this Section.
7.
Special Events Lighting. Any temporary use having exterior lighting which is not in compliance with the requirements of this Section shall secure a conditional use permit per Article VII of this Chapter.
8.
Non-Conforming Lighting. All lighting fixtures legally existing
prior to June 17, 1998, shall be considered as legal non-conforming
uses.
[Ord. No. 7042, 8-24-2023]
A.
Purpose. The purpose of this Section is to ensure that the visual
impact of outdoor mechanical units and other pieces of equipment are
visually screened from the view of adjacent property and public rights-of-way
to promote a visually pleasing and uncluttered environment.
B.
Applicability. The requirements of this Section apply to all non-residential
development within the jurisdiction of this Section.
C.
Requirements.
1.
Subject to the review and approval of the Planning and Development
Department and/or the Planning and Zoning Commission, all HVAC units,
electric, telephone and gas meters, satellite dishes and rooftop mechanical
apparatus shall be thoroughly screened with materials and/or landscaping
to conceal the visibility of such items from the views of rights-of-way
and/or adjacent properties. Rooftop mechanical apparatus and all other
objects that protrude from the rooftop of any structure shall, subject
to the review and approval of the Commission, be screened by use of
an architectural feature such as increased parapet wall height. The
Commission may require that the screening shall extend to a height
equal to or higher than the elevation of the highest rooftop mechanical
apparatus or other protruding object if the Commission, in its discretion,
determines that such height will more adequately hide the rooftop
mechanical apparatus or other protruding object. The Commission may
in its discretion require all rooftop mechanical apparatus or other
objects protruding from the rooftop to be painted to match the color
of the rooftop of the structure upon which the objects are located
if, in the opinion of the Commission, painting would better hide the
objects. In no case shall individual roof top screening or individual
frame panel screening be used for new construction.
2.
Trash, recycling and grease containers shall be screened by
a six (6) foot high solid wall with a sight-proof gate made of durable
material consistent with the architectural theme of the primary structure
on-site. The enclosure shall also include a man door or screened passageway
as a convenient way to enter the enclosure without having to open
the gate(s) and shall be free of debris and storage. This provision
shall not apply to facilities for drop-off of recyclables by members
of the public or similar public donation facilities which are otherwise
allowed or permitted by the City.
3.
In certain instances, the Planning and Development Department
and/or the Planning and Zoning Commission may require submittal of
site line studies to ensure that such apparatus is appropriately screened.
[Ord. No. 7042, 8-24-2023]
A.
Purpose. It is the intent of this Chapter to recognize and permit
home based businesses as allowed by state law and to regulate such
businesses to mitigate the adverse impacts that such may pose to neighboring
residential property. In this regard, home based businesses shall
be regulated in order to ensure compatibility with other uses permitted
in the residential district and to protect residential neighborhoods
from potential adverse impacts, such as excessive noise, traffic,
nuisances, etc., associated with home based businesses.
B.
Compliance With All Applicable Laws And Regulations Required. The
property where a home based business is located shall be maintained
in compliance with all applicable building, housing and property maintenance
codes and other applicable laws to such property. No home based business
shall create any condition which creates a nuisance or is in violation
of applicable law and regulation. Any home based business shall be
operated in compliance with applicable laws and regulations.
C.
Registration Required. Any owner of residential property operating
a home based business from such residential property shall register
such business with the City of O'Fallon. Such registration shall
contain, at a minimum: (i) the name and nature of the business; (ii)
the name of the resident responsible for the operation of such business;
(iii) the number of residents of the property and the number of employees
or customers which may be present at the site at any given time (which
total number shall not exceed the maximum occupancy of the structure);
(iv) the on-site (off-street) parking available for employees or customers;
and (v) a description of the goods or services to be sold; (vi) a
description of any special equipment which is necessary to be used
in the operation of such business; and (vii) the property owner's
consent if the property is rental property and the tenant proposes
to operate a home based business at the location.
D.
Home Based Business Requirements.
1.
Any structure where a home based business is to be operated
shall have a valid occupancy permit.
2.
A home based business shall be limited to the sale of lawful
good and services. For the purposes of this Section, "goods" shall
be defined as any merchandise, equipment, products, supplies, or materials.
3.
Home based businesses shall be operated entirely within an enclosed
structure and shall not occupy more than twenty-five percent (25%)
of the total floor area of the main residential building, and in no
case more than five hundred (500) square feet of floor area, with
use of the dwelling for a home based business being clearly incidental
and subordinate to the use for residential purposes.
4.
No alteration of the exterior of the principal residential building
shall be made which changes the character thereof as a residence,
and there shall be no visible evidence of conduct of the home based
business.
5.
No outdoor storage of materials or equipment used in the home
based business shall be permitted.
6.
Any premises on which a home based business is conducted shall
at all times conform to all City ordinances and particularly with
the requirements, limitations and restrictions set forth in the following
City Code provisions:
7.
There shall be no visible evidence of the home based business
except that the owner may provide a home based business sign which
is in conformance with the sign standards of the City of O'Fallon.
8.
No person shall be engaged in such home based business other
than a person(s) occupying such dwelling unit as his/her/their residence,
and no more than two (2) non-resident individuals.
9.
No equipment shall be utilized that creates a nuisance due to
odor, vibration, noise, smoke, electrical, lighting, magnetic or telecommunication
interference or fluctuations in line voltage beyond the property line
of the lot upon which the home based business is conducted.
10.
No home based business shall cause an increase in the use or
consumption of any one (1) or more utilities or public services such
as water, sewer, trash collection, electric, police, fire or ambulance
service so that the combined use for the residence and home based
business unreasonably exceeds the average for similarly sized residences
in the neighborhood.
11.
Parking generated by the conduct of a home based business shall
be provided on the property and off-street on an approved surface.
The residential property must have sufficient on-site (off-street)
parking available for all residents of the structure and all employees
and customers for the home based business. Use of the streets for
parking shall constitute a nuisance.
12.
The home based business shall adequately stagger the presence
of third parties at the property so as to minimize traffic impacts
in the neighborhood. The home based business shall not cause a substantial
increase in traffic through the residential area.
13.
No commodities shall be displayed or sold on the outside of
the main residential building.
14.
A home based business shall be ran only by an individual occupying
the dwelling as his/her residence. Any forms or certifications related
to a home based business shall not be transferable and shall terminate
upon sale or transfer of the property to a new occupant.
15.
The aggregate of the total number of residents residing in the
structure and the number of employees or customers for the home based
business shall not exceed the maximum occupancy limit for the structure.
16.
The home based business shall provide any necessary forms or
certifications to ensure no-impact, as permitted by Section 71.990,
RSMo.
17.
No home based business shall cause an increase in home deliveries
which unreasonably exceeds the average for residences in the neighborhood.
18.
Any individual operating a home based business for the retail
sale or retail storage of firearms, weapons, potentially lethal items
or hazardous materials shall notify the City on applicable forms or
certifications. The individual must have complied with all Federal,
State and local regulations dealing with the handling of firearms,
weapons, potentially lethal items or hazardous materials prior to
submitting any applicable forms or certificates to the City. The City
of O'Fallon may request proof of compliance at any time.
19.
No home based business shall involve the use of any hazardous
or explosive material.
20.
If a home based business is found to be in violation of any
of the provisions of the Section, any applicable State laws, or is
conducted in such a manner as to constitute a nuisance, the home based
business shall correct the violations or cease operations until such
time as the violations have been corrected.
[Ord. No. 7042, 8-24-2023]
A.
Temporary Use Permit. The Administrative Officer is authorized to
issue a permit for a temporary use within any zoning district provided
it meets the requirements of this Section. The permit shall be issued
for a specified period of time and shall contain health, safety and
traffic and Administrative Officer may require such assurances or
guarantees of compliance with conditions as is reasonable and appropriate
under the circumstances. All temporary buildings used for commercial
purposes shall require a temporary use permit.
B.
Temporary Uses Permitted.
1.
Christmas Tree Sales. Christmas tree sales in any business or
industrial district for a period not to exceed sixty (60) days. Display
of Christmas trees need not comply with the applicable yard setback
requirements, provided that no display will encroach within the required
yard setback for any district by more than fifty percent (50%) and
no display or equipment shall be located within the twenty-five (25)
foot sight triangle of a street intersection as defined in this Chapter.
2.
Contractor's Office. Contractor's office and equipment
sheds (containing no sleeping or cooking accommodations) accessory
to a construction project and to continue only during the duration
of construction for such project. Such use need not comply with yard
and setback requirements of this Chapter.
3.
Real Estate Offices. Real estate offices (containing no sleeping
or cooking accommodations unless located in a model dwelling unit)
incidental to a new housing development may continue only until the
sale or lease of all dwelling units in the development. Such offices
need not comply with the yard setback requirements of these regulations,
provided that a plan showing the proposed sales office location and
parking layout is approved by the Planning and Development Department.
4.
Seasonal Sales. Seasonal sale of farm produce grown on the premises,
in an "AG" District. Structures incidental to such sale need not comply
with the applicable front yard requirements, provided that no such
structure shall be located within the twenty-five (25) foot sight
triangle of a street intersection as defined in this Chapter. All
such structures shall be removed or moved back of the street setback
line at the end of the season during which they are used.
5.
Carnivals And Circuses. A carnival or circus, but only in a "P-R," "AG," "C-2," "C-3," "I-1," or "I-2" District, and then only for a period that does not exceed three (3) weeks. Such use need not comply with the applicable yard setback requirements, provided that no structures or equipment shall encroach within the required yard setback for the district in which it is located by more than fifty percent (50%) and no structure or equipment shall be located within the twenty-five (25) foot sight triangle of a street intersection as defined in Section 400.260(F) of this Chapter.
6.
Disasters. A mobile home may be permitted as a temporary use
for the purpose of providing a residential or non-residential structure
following a disaster, such as a fire, windstorm or flood as determined
by the Mayor of the City of O'Fallon, provided that the mobile
home is located on a three (3) acre site and is located to minimize
its impact on adjacent residential areas. Such mobile home shall be
removed from its location within six (6) months after its original
placement. However, the Mayor may extend the period six (6) additional
months upon showing of good cause by the owner.
7.
Residential Garage Sales. While a temporary use permit is not required, residential garage sales are permitted six (6) days per calendar year, per residential lot. The nature of goods to be sold shall be personal property, as defined in Section 400.035.
8.
Special Events. A special event is any activity outside of the
normal permitted use of a property, including, but not limited to,
customer appreciation events, holiday celebrations, sales events,
etc. The following information will be required for a special event
temporary use permit.
a.
A drawing/plan showing all activities and where they will be
taking place on the site.
b.
Signed approval from the property owner.
c.
The date and time of the event.
d.
Tents over four hundred (400) square feet with closed sides,
or tents over seven hundred (700) square feet with open sides will
require approval of a temporary structure permit.
e.
If food or alcohol is being served, a caterer's license
may be needed.
f.
If there will be live music, a live entertainment license may
be needed.
g.
If food is being served, approval from the St. Charles County
Health Department may be needed.
9.
Temporary Buildings For Commercial Purposes. The use of temporary
buildings for commercial purposes shall be allowed subject to the
following requirements:
a.
The commercial establishment proposing a temporary building
must have an approved site plan for the permanent facility by the
Planning and Zoning Commission prior to installation of the temporary
building.
b.
The site plan must reflect the location of the temporary building
and associated improvements.
c.
The standards for site plan review of the permanent building
apply to the review of the temporary building.
d.
The temporary structure and area must comply with all Zoning,
Fire, and Building Code regulations, and State of Missouri Public
Service Commission regulations.
e.
The temporary facility must have sanitary sewer connections
for restrooms.
f.
The location of the temporary building must be reviewed and
approved by the Planning, Development and Building Departments once
Planning and Zoning Commission has approved the temporary building.
g.
The temporary building and associated parking, vehicular movement
and area must be completely separated from the construction area of
the permanent facility. This may be achieved through fencing or other
means to block public access to the construction site.
h.
A construction site plan permit and building permit must be
issued for the permanent structure prior to installation.
i.
The temporary building will be allowed for a maximum of twelve
(12) months from the date of installation on the site, unless additional
time is approved in writing by the City Planner and City Administrator
or designee.
j.
The temporary structure must have a finished appearance. If
a modular unit is used, it must have skirting around all sides.
k.
The temporary building must be located on the same site as the
permanent facility or on the property directly abutting the site of
the permanent facility.
l.
A monetary guarantee, not less than fifty thousand dollars ($50,000.00),
must be escrowed to insure removal of the temporary building and associated
improvements within the twelve (12) months. Said escrow funds shall
be returned within thirty (30) days of its removal, less any expense
incurred by the City of the removal of the temporary building.
10.
Fireworks Stands. Subject to the general requirements of this Section, sales of fireworks now hereafter classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation at fireworks stands located in "C-1," "C-2," "C-3," "I-1" or "I-2" Zoning Districts as defined in Chapter 400 of the City of O'Fallon shall be permitted for a period of June 20 through July 6 each year. Any such sale of fireworks and operation of a fireworks stand shall be subject to all of the following conditions:
a.
It shall be unlawful for any person to sell, offer to sell or
expose for sale any fireworks of any type whatsoever within the City
without first having obtained a temporary fireworks stand permit for
each location at which fireworks are sold or offered for sale from
the Planning and Development Department.
b.
The Planning and Development Department is authorized to issue to any person a temporary fireworks stand permit to allow sales of fireworks now or hereafter defined in Section 215.690 of the Municipal Code. Permits shall be issued for fireworks stands located only in "C-1," "C-2," "C-3," "I-1" or "I-2" Zoning Districts as defined in Chapter 400 of the City of O'Fallon Municipal Code.
c.
For each separate proposed location for fireworks sales, a separate
temporary fireworks stand permit would need to be applied for and
shall be submitted to the Department by June 1 and shall include the
following:
(2)
A written statement that the applicant agrees to
comply strictly with the terms of this Chapter, the laws of the State
of Missouri, St. Charles County and the City of O'Fallon, Missouri.
(3)
A cash deposit in the amount of three thousand
dollars ($3,000.00) for each location to be operated by the applicant
shall be submitted. Such deposit, letter or bond shall ensure compliance
with the provisions of this Section, including, but not limited to,
the removal of the stand, provisions for temporary electrical service,
including the removal of any poles set for power supply or lighting
purposes and the cleaning and restoration of the site upon which it
was located in accordance with the provisions of this Section. In
the event the licensee does not comply with the provisions of this
Section or does not remove the stand or restore the site as required,
the City may do so or cause the same to be done, and the reasonable
cost thereof shall be charged against the licensee and the deposit
or surety bond.
(4)
The stand shall be removed, and the site shall
be returned to substantially the same condition as it was prior to
the temporary use by July 20.
(5)
A site plan showing the following:
(a)
Address or site location;
(b)
Property owner authorization and operator names,
addresses and phone numbers;
(c)
Size of the lot and tent, including locations depicted
of all tent entry/exit locations, and including anchoring plan;
(d)
Location of the tent(s) in relation to property
lines, including all other structures or equipment, including trailers
and storage units located on the lot;
(e)
Location of proposed access and all existing driveway
entrances and temporary parking lot areas;
(f)
Each fireworks stand or tent must provide a portable
restroom if there are no restrooms available on the site. The portable
restroom must be placed out of sight and as far away from the main
roadway as possible.
(g)
Location of required dumpsters [a minimum of one
(1) two-yard dumpster for a location having one thousand (1,000) square
feet or less of sales area and a minimum of two (2) two (2) yard dumpsters
or one (1) four (4) yard dumpster for a location having more than
one thousand (1,000) square feet of sales area];
(h)
Location of required on-site, off-street customer
parking spaces [a minimum of six (6) spaces per one thousand (1,000)
square feet of tent or stand area is required];
(i)
Location of nearest fire hydrant;
(j)
Location depicted on the site plan of all storage
containers for fireworks;
(k)
An electrical layout showing the location of power
and all outlets/lighting provided;
(l)
Proof of a valid Missouri State sales tax number
and a letter of no tax due from the Missouri Department of Revenue;
(m)
Other information as may be required by the City
to ensure public health and safety.
(6)
A temporary fireworks stand permit shall include
a certificate of flame resistance. All electrical work, including
generators, must be performed by an electrician licensed with St.
Charles County and comply with the City's adopted National Electric
Code.
(7)
A completed fireworks seasonal retailer inspection
survey shall be obtained and completed by the appropriate Fire Protection
District.
(8)
Access to fireworks stands will only be permitted
to a public right-of-way by use of an existing curb cut. Should a
site need to be accessed by use of a cross access, a consent letter
from the property owner shall be included with the permit.
(9)
Approval of the construction of any temporary surfacing
for a parking lot from the Engineering Department is required if temporary
surfacing (defined as gravel, asphalt millings, or other approved
material used to cover the ground surface for the purpose of temporarily
improving the ground surface to better enable it to serve vehicular
or foot traffic) is to be installed. These approvals must address
the following:
(a)
Construction of the parking facility must not begin
more than fourteen (14) calendar days before the beginning of the
intended use.
(b)
No portion of City-owned right-of-way shall be
surfaced and a minimum of a ten (10) foot parking setback from the
right-of-way shall be provided.
(c)
Where used, temporary paving material shall be
removed and vegetation reestablished on the site to return the property
to substantially the same condition as it was prior to the temporary
use by October 1 of the same year.
(d)
In addition to the requirements of Subsection (C)(3)
of this Section, where temporary surfacing material is used, a cash
deposit will be required by the City Engineer or his/her designee.
The deposit should be in an amount of three thousand dollars ($3,000.00).
The deposit shall be subject to the condition that the reparative
measures (actions taken to return disturbed land to the condition
and appearance that existed before the temporary use) be performed
by October 1 of the same year. If the reparative measures are not
completed within the specified time, the City may use the funds from
the deposit or any necessary portion thereof to complete the reparative
measures. If the deposit is inadequate to pay for the costs of the
reparative measures, the City shall recover the balance from the property
owner or applicant.
(e)
Each application for construction of a temporary
parking lot shall include the following: a sketch showing the property
dimensions, parking lot dimensions, entrance locations and dimensions
and color photographs [a minimum of six (6)] of the site to depict
the condition of the site before any construction of parking facilities
or installation of tents. Parking space dimensions and aisle width
shall be compliant with City off-street parking and loading requirements.
d.
The following standards shall be used for the review of any
application for a temporary use permit for fireworks stand and shall
apply to the operation of the facility:
(1)
Structures from which fireworks are to be sold
or stored shall not be located within fifty (50) feet of any permanent
structure or building. Structures from which fireworks are to be sold
or stored shall not be located within one hundred (100) feet of any
public park, swimming pool or public or private playground.
(2)
Structures from which fireworks are sold or stored
shall not be located within one hundred (100) feet of any structure
in which petroleum products are sold or dispensed in any manner other
than in closed containers.
(3)
A maximum of two (2) semi-truck storage trailers
or the equivalent area of trailer storage as determined by the Fire
Marshal shall be allowed, per location. Such trailers shall maintain
a minimum of ten (10) foot separation, have DOT labels on them and
must be marked "EMPTY" with four (4) inch letters when all contents
are removed.
(4)
All weeds and combustible materials shall be cleared
from any sales location, including a distance of at least twenty-five
(25) feet surrounding the sales location.
(5)
A sign bearing the message "Discharge of fireworks
is prohibited at all times within the City limits of the City of O'Fallon
except between the hours of 12:00 noon and 11:00 P.M. on July 3 or
July 4" in letters at least three (3) inches tall shall be conspicuously
displayed at each sales location and at each entrance and exit of
the fireworks stand. Such sign shall not count towards the limits
of allowable signage provided for by this Section.
(6)
Fireworks stands shall comply with the provisions
of the currently adopted Building Code relative to temporary structures.
All stands shall be erected in a manner that will reasonably ensure
the safety of all occupants, patrons and surrounding property. A minimum
three (3) foot-wide, unobstructed aisle running the length of the
stand, inside and behind the sales counter, shall be provided.
(7)
Each stand up to twenty-four (24) feet in length
must have at least two (2) exits. Each stand in excess of twenty-four
(24) feet must have at least three (3) exits. Exit locking devices,
if any, shall be easily released from the inside without special knowledge,
key or effort.
(8)
Each stand shall maintain a two and one-half (2 1/2)
gallon, 2A-rated water-pressure-type fire extinguisher or an ABC minimum
2A:10BC rated fire extinguisher near each exit, and such extinguishers
shall be kept in good working order and shall be easily accessible.
(10)
Persons under sixteen (16) years of age shall
not be employed upon the premises. If any person under eighteen (18)
years of age is employed at a location selling fireworks, the location
shall be supervised by at least one (1) person over the age of twenty-one
(21).
(11)
Sales of fireworks shall be permitted only during
the period of June 20 through July 6 each year.
(12)
No sales of fireworks shall be made to any person
under eighteen (18) years of age.
(13)
Licensees shall not permit smoking or any type
of open flames upon the premises and shall prominently post at least
two (2) signs prohibiting smoking.
(14)
Licensees shall not permit debris, wrappers or
papers to accumulate on the premises, and dumpsters shall be emptied
as necessary to maintain the premises in a clean and orderly manner.
(15)
All items permitted under Chapter 320, RSMo.,
except those classified as "Class C Common Fireworks" by the United
States Department of Transportation, may be sold without acquiring
a temporary use permit.
(16)
Any license granted hereunder may be suspended and all sales prohibited by the City Administrator and/or his/her designee upon violation of any of the provisions listed in this Section or Section 215.690 which pose a danger to the public or if any ordinance violation remains uncorrected for twenty-four (24) hours after the licensee has been given notice to correct a violation by the City. In instances where the violation has not been corrected, the City would suspend or revoke the permits as a means to abate the nuisance caused by the business establishment per Section 220.080.
C.
Temporary Dwelling Structures. No cabin, garage, cellar, basement,
or other temporary structure whether of a fixed or moveable nature
may be erected, altered, or moved upon and used in whole or in part
for any dwelling purposes whatsoever for any length of time whatsoever.
D.
Temporary Storage Units And Bulk Refuse Containers. For short periods of time, commercial and/or industrial lots within the City may install portable, weather-resistant receptacles designed for the storage of surplus household goods, wares and merchandise; building materials, supplies and equipment; or excess waste material and debris. The use of these units will only be allowed if the applicant is granted approval for a temporary use permit and adheres to all of the following requirements (residential properties must meet the requirements of Section 220.120):
1.
Structures. Acceptable structures will include, but not be limited
to, roll-off dumpsters (bulk containers transported to and from the
site by trucks or trailers); commercial or industrial shipping containers;
or other ground-mounted units designed for long-term storage. Also,
semi-trailers; carriers; or other items designed for transport as
well as storage (items with affixed wheels).
2.
Location. A copy of the approved site plan showing the proposed
location of the units shall be submitted with the temporary use permit
application. The placement of the units shall be restricted to the
locations called out on the site plan attached to the application.
Units may not be placed in any required bufferyard or building setback.
a.
Storage units and bulk containers shall be placed as close to
the building as possible; all units shall be located in the rear of
the building (unless the applicant can prove that the units will not
fit in the rear of the lot) and in a manner that minimizes their visibility
from the public right-of-way.
b.
Storage units and bulk containers shall not encroach on drive
aisles or required parking spaces; if a unit must take up parking
spaces, the applicant must verify that there are enough spaces remaining
to meet the minimum parking requirements.
c.
Storage units and bulk containers shall not block access to
utilities or public services (i.e., manholes, meters, fire hydrants,
etc.).
d.
Storage units and bulk containers must be located on a hard
(concrete, asphalt) surface. Except in active construction areas where
a hard surface is unavailable or has not been installed.
e.
Storage units and bulk containers must be maintained on the
ground; stacking of storage units will not be permitted.
3.
Maintenance. All units shall be maintained in such a manner
as to not be a hazard to the general health and safety of persons
on-site or to detract from the physical appearance of the other facilities
on-site.
4.
Supplemental Regulations. The placement and/or use of any and
all storage units and bulk containers on the subject property shall
comply with all building safety and fire protection district regulations
in addition to the following:
a.
All units on-site shall be prohibited from hooking up to utilities
or from tapping into the services of the primary facility (i.e., using
extension cords to provide electricity; garden hoses to provide water;
etc.).
b.
All units must be stand alone structures; connection to peripheral
devices will not be permitted (i.e., air compressors, refrigeration/heating
units; generators; etc.).
c.
All units will be limited to dry goods and merchandise; storage
of perishable goods or items will not be permitted.
d.
Storage of hazardous or dangerous materials (chemicals, solvents,
propane, explosives, etc.) shall only be allowed if the applicant
provides documentation from the appropriate governing authority (Building
Safety, Fire, Police, EPA, COE, DNR, etc.) that all of the required
safety and security requirements have been met.
e.
While on-site, all storage containers must be locked and secured
at all times.
5.
Signage. Displaying additional signage on the unit, temporary
or permanent, will not be permitted.
6.
Number. Units will be allowed on-site as follows:
a.
On a single tenant lot, no more than two (2) units of any type
(storage; dumpster; etc.) will be allowed on-site at one (1) time.
b.
On a multi-tenant lot, no more than two (2) units per tenant
will be allowed on-site at one (1) time.
c.
On a lot where the primary building is under construction, no
limit will be imposed.
7.
Duration. All storage units and bulk containers are for temporary
use only and shall only be allowed on-site for a specified period
of time:
8.
Removal. Any and all storage units on-site shall be removed
within twenty-four (24) hours of the permit expiration date.
a.
Failure to remove the unit(s) within the allowed timeframe will
result in a citation from Code Enforcement. A new citation may be
issued for each day the container is left in place without further
warnings or notices being issued.
[Ord. No. 7042, 8-24-2023]
Not more than one (1) principal detached single-family dwelling unit shall be located on a lot, nor shall a principal detached single-family dwelling unit be located on the same lot with any other principal building or structure, except as permitted under Article V (Planned Developments and Planned Unit Development) of this Chapter.
[Ord. No. 7042, 8-24-2023]
The declaration and all details of covenants, by-laws, and administrative
provisions pertinent to the maintenance of buildings, structures,
land, and other physical facilities for condominiums shall be reviewed
and approved by the Planning and Zoning Commission prior to issuance
of a building permit.
[Ord. No. 7042, 8-24-2023]
A.
Purpose. It is necessary and desirable to provide suitable sites
for group homes in residential areas, provided that, in furtherance
of the goals of deinstitutionalization and dispersal, group homes
are not unduly concentrated in neighborhoods so as to ensure that
mentally or physically disabled persons are afforded the opportunity
to be integrated in the community.
1.
In order to promote deinstitutionalization and dispersal of
group homes, no group home may be located within five hundred (500)
feet of another group home, measured by the straight line distance
between the nearest points of the exterior walls (exclusive of overhangs)
of the buildings within which the relevant facilities or uses are
located; or
2.
The exterior appearance of the home and property, occupancy
limitation, signage and other standards applicable to single-family
residences shall apply equally to group homes.
3.
In order to achieve the deinstitutionalization and dispersal
goals referenced herein, owners and operators of group homes must
register the facility with the Planning and Development Department
on forms provided for that purpose and certify compliance with all
applicable ordinances of the City. Owners and operators of group homes
must also notify the department of any change of use, transfer or
termination of a group home use and revise the facility registration
as appropriate.
[Ord. No. 7042, 8-24-2023]
A.
The developers, owners and operators of multi-family housing within
the City limits of O'Fallon, Missouri, shall henceforth be required
to develop, implement and enforce tenant admission procedures no less
stringent than those Federal Regulations which prescribe the grounds
upon which a public housing authority may deny assistance to an applicant
for rent assistance housing subsidies, including, without limitation,
the following criteria:
1.
If the applicant owes rent or other amounts to any public housing
authority in connection with Section 8 or public housing assistance;
2.
If the applicant, as a previous participant in a Section 8 or
other public housing assistance program, has not reimbursed any public
housing authority for any amounts paid to an owner under a housing
assistance contract for rent or any other amount owed under their
lease;
3.
If the applicant has violated any "family obligation," as that
phrase is defined in the Federal Regulations for Section 8 housing;
4.
If the applicant has engaged in drug-related criminal activity
or violent criminal activity, as defined in the Federal Regulations
for Section 8 housing; and
5.
If the applicant has committed any fraud in connection with
any federal housing program.
6.
Promptly evict tenants who openly and covertly use and sell
drugs, assault other tenants, discharge guns within the subdivision
and into neighboring properties, and engage in other dangerous, threatening,
illegal and disruptive conduct; or who have permitted or encouraged
non-residents to enter and/or reside in the subdivision whereupon
such non-residents have then engaged in the above-mentioned dangerous,
threatening, illegal and disruptive conduct.
B.
The City of O'Fallon hereby requires that developers, owners
and operators of multi-family developments henceforth:
1.
Shall provide adequate lighting throughout the development to
promote the security and safety of residents of and visitors to the
development. For new multi-family developments or buildings, the owner
and/or developer shall propose appropriate lighting. A lighting plan
shall be submitted as part of any application for the new development
or building. Prior to any major repair or new construction at an existing
multi-family development or building, the developer, owner or operator
shall upgrade and increase the existing lighting. All lighting plans
shall be reviewed by the O'Fallon Police Department in order
to confirm the lighting is appropriate under the principals of Crime
Free Housing. A lighting plan shall be required before the issuance
of a building permit or other governmental approval for the major
repair or new construction.
2.
Shall provide a full-time responsible representative with the
appropriate skills, training and experience to operate and/or maintain
a multi-family development.
3.
Shall provide recreation facilities, playground(s), community
center(s), landscaping or green spaces and other amenities to help
develop and sustain a sense of community among the tenants of a multi-family
development; provided, however, that any landscaping shall not compromise
the safety of the residents of the development; the developer, owner
and operator shall consult with the O'Fallon Police Department
from time to time and remove or trim existing landscaping to ensure
the upmost safety of the residents.
4.
The construction of covered parking shall be optional. The roof
shape and materials of the covered parking structure(s) shall match
the roof shape and materials of the multi-family residential structure(s).
5.
Gates And Controlled Access.
a.
Developments constructed prior to March 24, 2009, which were
required to install electronic gates or other forms of controlled
access to the property shall be required to maintain such features
in good working order at all times; provided, however, that such gates
or similar access controls may be left open to allow unrestricted
access between the hours of 7:00 A.M. and 7:00 P.M.
b.
Developments constructed prior to March 24, 2009, which were
required to install electronic gates or other forms of controlled
access to the property may remove or modify those control features
soon as to allow unrestricted access to the property by petitioning
the Planning and Zoning Commission for such relief. It shall be the
obligation of the petitioner to demonstrate to the satisfaction of
the Commission that the best interests and desires of the occupants
of the development would be served by granting such relief. A petitioner
or occupant of the development aggrieved by the decision of the Planning
and Zoning Commission may, within fifteen (15) days of the decision
for which redress is sought, file with the City Council a written
request for reconsideration and review of any decision of the Commission
under this Subsection. The written request must set forth in a concise
manner the decision being appealed and all grounds known to the appellant
as to wherein and why the decision is allegedly in error. The request
for reconsideration and appeal must be filed with the City Clerk within
the time specified above. A copy of the request and any supporting
documents or materials filed by the aggrieved party must be served
by the aggrieved party on the applicant (if different than the aggrieved
party) by certified U.S. mail, return receipt requested, within three
(3) days of filing with the City Clerk. Proof of service on the applicant
must be filed with the City Clerk within six (6) days of filing of
the request. The City Council may consider the appeal on the record
of the prior decision by the Commission or may, at its sole discretion,
receive additional evidence in such manner as it deems appropriate
in light of the circumstances.
c.
For any development constructed after March 24, 2009, electronic
gates or other form of access control may be installed and, if installed,
must be maintained in good working order at all times.
6.
Shall install and maintain surveillance cameras which allow
the monitoring, by management, of the parking lot and common areas.
For new multi-family developments or buildings, the owner and/or developer
shall provide appropriate camera locations under the principals of
Crime Free Housing. A security plan shall be submitted as part of
any application for the new development or building. Prior to any
major repair or new construction at an existing multi-family development
or building, the developer, owner or operator shall install or shall
upgrade and increase any existing cameras in a manner consistent with
Crime Free Housing. The O'Fallon Police Department shall review
and approve the security plan. A security plan shall be required before
the issuance of a building permit or other governmental approval for
the major repair or new construction.
7.
Provide a Crime Prevention Through Environmental Design (CPTED)
Plan (if applicable) as deemed necessary by the City Council, Planning
and Zoning Commission, Planning and Development Department, or O'Fallon
Police Department.
C.
Any person, firm, corporation or agency found to be violation of
the provisions of this Section shall be subject to a fine of five
hundred dollars ($500.00) or to up to ninety (90) days in the St.
Charles County Jail, or to both such fine and imprisonment. Each day
of such violation shall constitute a separate offense.
[Ord. No. 7042, 8-24-2023]
A.
Automobile And Other Motor Vehicles — Repair Services (With
Or Without Fuel Sales, Excluding Drive-Through Oil Change Facilities).
In addition to and as an integral part of development, the following
provisions shall apply:
1.
No vehicles or vehicle parts may be worked on outside of the
building.
2.
The impounding or storage of derelict vehicles is prohibited.
3.
The sale of automobiles or other motor vehicles shall be prohibited.
4.
Outdoor storage of vehicle parts or products is permitted in
the side and rear yards in industrial districts when screened by berms,
dense vegetative plantings, sight-proof fences, or brick walls, or
combinations of these materials at least eight (8) feet in height
so that the parts and products are not visible to the public from
one thousand (1,000) feet.
B.
Provide a Crime Prevention Through Environmental Design (CPTED) Plan
(if applicable) as deemed necessary by the City Council, Planning
and Zoning Commission, Planning and Development Department, or O'Fallon
Police Department.
